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Yellow160
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Received a letter today from capquest with a statutory demand under section 268(1)(a) of the insolvency act 1986 attatched to it.

 

its dated the 5th April, but only just got it as it was sent to my parents address (havnt lived there for 6 years now) and received by 1st class post.

 

How is the Stat demand supposed to look? its similar to this one here http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

 

the total claimed is for just over £1200 from an old overdraft that is purely made up of charges and interest, I did question the charges about 3 years ago but heard nothing back off them.

Edited by Yellow160

The views expressed on this website are mine alone and don't reflect the views of my employer!

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have they ever witten to you at your address? if yes then why did they send the stat demand to your parents, sounds like a good idea to get it set aside

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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no they havnt wrote to me at my address. i think its easier for them to send it to an address where they no im not living at to maybe get a judgement easier.

 

how do i go about getting it set aside? what happens if i contact the court and they know nothing about the SD?

 

should the SD have an actual signature on from the creditor or is a computer printed one fine?

Edited by Yellow160

The views expressed on this website are mine alone and don't reflect the views of my employer!

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well ive sent an enquiry to the court they claim i have to contact, so will see what they say tomorrow

The views expressed on this website are mine alone and don't reflect the views of my employer!

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help please!

 

The court have got back to me and advised there is nothing logged against my name at the court from capquest regarding a SD?

 

what next?

The views expressed on this website are mine alone and don't reflect the views of my employer!

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There will not be anything logged with the court, a stat demand is used as a precursor to a banlruptcy petition and is sent from the alleged creditor to the debtor. You will have 18 days to set this aside if you choose to do this....when was the last time you made any kind of payment towards the account ?

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last payment was december 2008, i then couldnt afford to keep repaying at that set amount so asked for it to be reduced, they refused so i ignored them and stopped paying. I queried the account as its made up of penalty charges but they ignored that aswell saying the debt exists and im liable for it, they mentioned a SD back in 2008 but never heard anything until now whenl my parents sent my post onto me.

 

the overdraft was i think about £300/400 then they have added £400 in interest and the remaining amount is charges.

 

another note, its addressed by Barry Davies, Hes impossible to get hold of at [email protected] ive tried 2 times now. It says on the SD to contact him on 08442486659 but thats just the normal line and hes never available. - Just called again and the operator asked can i not help you, no thanks id like Barry Davies please, Call placed on hold, He comes back to me and says hes not available, can i take a number for you and i will get him to call you back, My reply was no thanks, i will call him back later to see if hes free, was told by the operator it would be easier for them to take my contact number and get him to call me.. I then hung up.

 

ive also noticed on the SD it says, The debt relates to the unpaid balance of sums due under Credit Agreement dated xx Feb 97 made between Me and Halifax Plc in respect of a Halifax - Current Account Number D/123456789-9

 

It also says The rights and duties of Halifax Plc passed to the Creditor pursuant to an assignment dated xx June 07, must say ive never seen any default letters or anything to say it was being assigned to [email protected]

 

Are overdrafts classed as a credit agreement?

 

Do i contact [email protected] via letter and dispute this or could i go on to ignore the SD as in theory i dont know about it as i dont live there anymore?

 

if i do have to get the SD set aside is there anyone on here who can help me fill the forms out? ive got them downloaded and saved, 1st time ive done anything like this.

 

Ta

Edited by Yellow160

The views expressed on this website are mine alone and don't reflect the views of my employer!

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I think the OFT would love to hear about an SD being used to try and recover £1,200!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I think the OFT would love to hear about an SD being used to try and recover £1,200!

 

are they normally issued for higher amounts? i really have no idea when they should be issued

The views expressed on this website are mine alone and don't reflect the views of my employer!

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Just got the same thing via registered post (similar amount claimed).

 

Posty tried to deliver it thursday to my missus but as she was away visiting her mum I refused it and requested a redelivery this morning just so the dates are right for a set aside.

 

Will be phoning Barry Davies tomorrow, wed and thursday to inform him that an application for set aside will be made (I'll let you guys know if I actually manage to speak to the elusive pimpernel).

 

Will make a point of supplying a schedule of costs to the court incurred while researching this matter (about £300 I reckon).

 

Reckon we'll pop into Basildon county court Monday and file the set aside forms + swear affadavit.

 

Any way I can force the elusive mr davies to show up at the hearing? I want to see them squirm.

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Don't forget that you do actually need some grounds to get it set aside. What are your grounds?

 

i cant get hold of the person named on the SD and the amount claimed is disputed due to penalty charges

The views expressed on this website are mine alone and don't reflect the views of my employer!

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Posting as a possible assist to yellow not a thread hijack.

 

grounds for set aside

 

Account has been in dispute for over a year due to no cca being supplied despite repeated requests to various dcas (£1 fee returned, I have kept the postal order and covering letter)

 

Barry Davis not contactable (doubt if he will be available) so this is a possible not a definite.

 

Inappropriate service of sd by post not by process server

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i cant get hold of the person named on the SD and the amount claimed is disputed due to penalty charges

 

Yellow,

 

If you have not received a default notice then that means that they cannot enforce the agreement at the moment. Have a read of some threads here to see how to word this.

 

The penalty charge issue is complicated by the fact that this is a bank current account. However you may want to have a read here for some ideas of how to word your application:-

 

http://www.moneysavingexpert.com/redir/929cf5f3

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grounds for set aside

 

Inappropriate service of sd by post not by process server

 

If you are attempting to get it set aside then you have obviously received it so this is not relevant. This would only be relevant if they were going for a bankruptcy petition and you were denying that you had ever received the SD

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Threadjack off.

 

Received letter a few minutes ago by registered delivery stating that they are nullifying the sd as they were not aware account was in dispute. (yeah right)

 

Think I have grounds for a complaint to the fos due to them using sd without being in possession of full info but pursuing anyway.

 

Bet they sent the nullification letter registered to try to short circuit any application for costs.

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thanks for the help.. Who do i send the SAR request to so that i can send the claim in about the charges? Does it goto Halifax or [email protected] (as they claim they purchased the account)?

 

I also rang [email protected] again today on the number supplied by Barry Davies to contact him, It went along the lines of:

 

Them: Welcome to [email protected] can i take your ref?

Me: No, Is that Barry Davies?

Them: No, Can i help you?

Me: No, Id like to speak with Barry Davies please

Them: Hes not available at the moment.

Me: Ok, Bye.

 

Seems im never gonna get to speak to this guy.. I keep calling the number on the SD which says hes reachable on.

The views expressed on this website are mine alone and don't reflect the views of my employer!

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