help!!!! lowel/hamptonl stat demand - **Resolved out of Court**

[alibobsy]

Served tonight by hand so I assume is genuine rather than one of those threst o gram type SD's.

 

Please help.

Details are they have rolled up 3 different debts that were with 3 different companies. All 3 were in dispute via CCA's through here and we hadn't heard anything on these for a while (should have known they would try something now before things start dropping off the credit file).

 

One is an incorrect amount (the correct amount would be under £750-the incorrect amount is over £800-I have written confirmation what they quote is wrong from the original lender). The other 2 as individual amounts are under £750 as well, but obviously the total is above the £750.

 

I am trying not to stress about this but we went through so much hassle a few years ago and we were getting sorted now. No overdraft, new credit cards all up to date to build our credit rating, all loans cleared, student loans paid off no arrears anywhere and the old defaults were about to drop off then this argggh.

ali x

[terriersaregreat]

So sorry, take a deeeeeeeeeeeeeeeeep breath, try and chill. Rotten thing to happen at this time in the evening I expect you were totally gobsmacked when the waster turned up.

 

Look at a few threads whilst you await the serious knowledable helpers.

[Bazooka Boo]

Evening guests! I thought you had another 15 minutes before you clocked off in Leeds?

 

Not my thing, but What are the PoC, have you kept evidence of requesting CCA's and their failure to supply them?

 

When you say these were about to drop off your CRF how close was it?

 

Sounds extremely dubious that they would attempt this for debts nearing their 6 year limit?

[citizenB]

Will flag this up for site team .

[citizenB]

Are the debts from 3 different companies originally ?

[lilly white]

ok well i believe we would need to set this a side............may i asked how old are they any ppi......and charges what are they loans credit cards.............do we have full details

[citizenB]

We need us much information as possible in respect of what they claim on the demand. It has been known for these to be incorrectly produced.

[silverfox1961]

I suggest you follow 42mans advice for getting this set aside

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296738-***Urgent-Capquest-SD-advice-needed-***

[debt4get]

if i am reading this correctly they have put three different debts together in order to go over the magic 750 mark in order to issue the stat demand...this is an abuse of process and you must apply to have this set aside with costs.....they should have put each one in seperately which is obviously not what they have done...the first thing you need to do is to ring the muppet who has signed the stat demand....demand to speak only to them and them alone...do not speak to any of their threat monkeys...insist...if you get through ask them why they have issued demand on a debt that is below the amount required by law and inform them you intend to set aside

[alibobsy]

Ok further info all 3 were different credit cards. All with different lenders-not linked lenders. I had written to these along side the CCA requests and asked for refunds on charges. All have had some charges refunded and in the case of one we issued court papers which was settled and then we foolishly ran up debt again (only wish I had a time machine to go back and kick Oh and I up the bum bloody cards). All 3 eventually produced what they claim is a credit agreement but all 3 are applications forms and do not have the correct format/information. Therefore I we reckoned the DCA's would keep giving up as previous ones have.

having got out the documents-bizarrely i had been sorting some papers today and looking at these very files I have pretty much everything from our correspondance.

 

To be honest although I hate to pay these leaches anything oh and i are getting into a good position now and can't afford to risk bankcruptcy so are tempted to make a full and final just to get rid of it, but I suppose thats what they bank on.

 

ali x

[alibobsy]

Can we apply for a set aside without appearing in court as this is in oh's name and he can't get to court at the mo (he is a contractor to really difficult to take time off).

 

ali x

[terriersaregreat]

I wouldn't think so. You have to argue your case too.

[alibobsy]

Evening guests! I thought you had another 15 minutes before you clocked off in Leeds?

 

Not my thing, but What are the PoC, have you kept evidence of requesting CCA's and their failure to supply them?

 

When you say these were about to drop off your CRF how close was it?

 

Sounds extremely dubious that they would attempt this for debts nearing their 6 year limit?

 

Re the 6 year limit they weren't as close as I thought the defaults were late 2006 early 2007, but for us being a clear file in 2 years seems soon lol.

 

Presumably if we decide we can't face the set aside route and end up offering a F&F the SD is voided?

 

Also worry if we settle the other couple of defaults we have in dispute will come back to haunt us.

 

To be honest its been a tough couple of years will health issues and the birth of our 4th child. We were getting sorted then late 2010 oh lost his job. Finally back in work and proud not to have got into debt whilst out of work then this.

 

Oh wants it just to go away so reckon i would have to talk him around to take it to court, he wouldn't want to take the risk.

 

So stressed.

 

ali x

[Bazooka Boo]

Presumably if we decide we can't face the set aside route and end up offering a F&F the SD is voided?

 

No, Set aside is the only way to go, if you don't they will mug you off and you'll never be rid of them.

 

You already have a bullet proof defence, they have combined three separate debts together in order to take this to court, once you submit a defence and the DJ reads what they have done, then I strongly doubt you'll hear from the Leeds losers again!

[debt4get]

i agree with BB hit the bu**ers where it hurts in their pockets...this is an abuse of process end of.....you can roll over and pay an f and f if you want but unless you get cast iron guarantees they wont sell on the balance which they have been known to do..i wouldnt consider it...and if they think you are in a position to pay you will never get rid of em...

[cashins]

i agree with BB hit the bu**ers where it hurts in their pockets...this is an abuse of process end of.....you can roll over and pay an f and f if you want but unless you get cast iron guarantees they wont sell on the balance which they have been known to do..i wouldnt consider it...and if they think you are in a position to pay you will never get rid of em...

 

Agree - the only way to get rid of these people is to deal very firmly with them, they see anything else as a sign of weakness.

 

David

[alibobsy]

Problem is there in OH's name not mine and he is not as up to date on the court action etc. He is up for finding out what the set aside entails now and looking into it, rather than just rolling over.

 

So what form do I need, and do I have to go up to court to get them? To be honest the main problem is I am home with 4 kids (2 under 3) and he is working so getting to and from court is a challenge (we don't have a court that near as we live semi rural on the edge of a small town.

 

Had a good luck at the papers last night and it appears I was wrong, it was another card I had where the figure was rivised from the 800 and something to 700 and something. So one of the cards listed IS over £750, although the other 2 aren't.

 

Regarding F & F are you saying they would refuse outright or that we need to ensure that we get written assurances as to no further collection action (as per cab/cccs guidence). To be honest Oh was out of work for 6 months and his current contract ends in 3 wks and as yet he is still looking for another job so no way could they consider we can cover the whole amount.

 

A family member can give us/long term indefinate loan us a much reduced figure and this is all we could offer.

 

ali x

[42man]

There is another thread with exactly the same situation from another cagger, I will see if I can find it !!

[42man]

Got it - http://www.consumeractiongroup.co.uk/forum/showthread.php?298400-Hampton-Statutory-Demand-3-different-creditor-in-one-demand-***-WON-COSTS-***&highlight=statutory+demand i'll add to thread...

[alibobsy]

thanks for that, will have a read.

 

ali x

[42man]

You must get this set aside and claim your costs......if you need help please shout !!!

[alibobsy]

So where do I get the forms from to set aside? Can I print them online, or do I need to contact the court?

If I gather up all the info Oh may well be prepared to go for it.

 

The thing that worries him most is if we do all this and get to court then lose. Can we be made bankcrupt straight away. We have 4 young children and can't face that.

[RDRR]

I'm in a similar position, and have the set aside hearing this afternoon so I'll let you know how it goes. I have a thread about it but don't think I'm able to post links yet, but you can find it in my post history. It includes links to the forms to apply for a set aside, and there is also a thread somewhere with step by step instructions on how to fill them in.

[alibobsy]

Found what I think are the correct forms on the insolvancy service website.

I assume my main arguement is that they and the Olender and previous DCA's have failed to produce an enforcable agreement and that 2 of these alledged debts are below the 750 threshold so its an abuse of process on both counts?

 

Ali x

[Dorabell]

good luck for to day RDRR