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

[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

[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

[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

[alibobsy]

thanks for that, will have a read.

 

ali x

[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.

[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

[alibobsy]

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.

 

 

Good Luck for today RDRR, I suppose its the unknown that worries us. If we went for it and the set aside was thrown out does the clock restart on the stat demand, ie would we still have chance to negotiate a f & f before they could attempt bankcrupcy.

 

ali x

[alibobsy]

OH decided can't take time off work to do set aside and he isn't confident with the legal arguements. So he has tried to negotiate a f&f as well as asking for the CCA's.They have confirmed they will put things on hold whilst they documents are "located".

Meanwhile they are refusing to consider any offer other than a small 20% ish reduction.I get the impression they think we have the cash and are refusing to pay,but it is simply not true.

I don't work and OH is on a contract due to end in about a week, I informed them we will be on benefits shortly (unless another contract comes at short notice), and we even offered a monthly payment, but they still refuse.

Is there any route of complaint about this as if they went for a CCJ (they haven't gone to court in 4 years as they know there are no enforcable agreements for these accounts) they would have to accept payments .

On paper our house would have equity,but in reality nothing is selling up here and there woul likely be little if anythig left after sale and that would be between us and then split between debts so leabing them virtually nothing.Would they really bankrupt someone for 2k? How muxh does it cost them to go for it.

If you are petitioned for bankrupcy is there any way to defend?

ali x

[alibobsy]

you are being extremely foolish if you cannot or will not attend court in order to get this set aside, if they know you have equity then believe you me if they are granted this bankruptcy then that is what they are liable to do...you can risk it it you want to but its your home that will be on the line.....and there is nothing wrong with the legal arguments, you make a stand here or you are possibly going to lose badly..your choice

 

The thing is its not my choice. the thing is in my partners name and he is really unsure of the legal arguements and doesn't want to try to stand up before a judge and argue them. To be honest he is currently on a short term contract and with a fair commute so leaves the house before 6 and sometimes in alot of cases is not back before 7 at night, his contract is close to the end and he is not really in a position to take time off to go to court either to drop off the papers or to attend the hearing.

 

For them surely the fact he is now negotiating is what they want, and although i don't like it I would imagine for them the fact he is now offering money surely means they won't be in a rush to bankrupt him, especially knowing there are issues around the documentation. Surely they just want their money and bankrupcy drags out the time until they get it (and given the current market around here and the fact our house needs a new bathroom and new back door never mind decorating throughout it is borderline as to if they would get anything).

 

We have been reading on here and other forums and it would appear not to be cut and dried to get the set aside anyway. Cases that are much more clear cut than this are being turned down in court, and I saw one where the judge awarded costs against the consumer. if any of these were statue barred it would be easy to go for the set aside and an easy arguement and neither of us would hesitate, but they are not.

 

So the question still remains is they any recourse when a dca refuses to consider a F&F?

 

ali x

[alibobsy]

Yep thought so

Bankruptcy

1. Creditor's Petition

A creditor's petition may only be presented if:

•(a) The petition is in respect of a debt, or debts, owed by the debtor to the creditors),

•(b) At the time it is presented:

(i) The amount of the debt, or the aggregate amount of the debt, is at least the bankruptcy level (£750);

(ii) The debt, or each of the debts, is for a liquidated sum payable to the creditor(s) either immediately or at some certain future time, and is unsecured (this condition may be waived in certain circumstances);

(iii) The debt, or each of the debts, is a debt which the debtor appears either to be unable to pay or to have no reasonable prospect of being able to pay; and

(iv) There is no outstanding application by the debtor to set aside a statutory demand served by the creditor in respect of the debt or any of the debts.

 

thanks Peter at least that confirms they can roll them up together. Just wondering though about the bit where it says that the debtor appears either unable to pay or no reasonable prospect of being able to pay? Does that mean we could defend any petition and argue we could pay the amount over a reasonable time (assuming OH was back in work and arguement regarding unenforcability fail before the judge?). Would a judge look unfavorably at a company that brings a peitition whilst not entertaining reasonble f&f's or regular payment offers made?

 

ali x

[alibobsy]

Thanks for the info Peter at least we know the exact situation.

We are thinking that once this is sorted, we perhaps should get any other outstanding unenforcable debts settled by F & F. Otherwise they may still come back to bite us on the butt so to speak later on.

 

I still intend to complain to the oft. I think the law should mean that consumer debt should have to have passed through the CCJ stage before they can go to bankrupcy, this would at least give people a chance to challenge the debt in court as well as ensuring the debt collectors can't abuse the process for debts they know are unenforcable against a ccj.

 

To be honest just want to get the matters sorted now so that in a couple of years when the last bits fall off our credit file the matter is closed for good.

 

Thanks to all the posters who replied, will update once things progress.

[alibobsy]

Just to update after advice on here,,plus, discussions, on, other, forums,as, well, as, further legal advice we decided we couldn't risk the house and bankrupcy.

We have 4 young kids and our finances are getting back on track-ccj's dropped off and within 2 years ish both our files will be clear. On paper our house has equity, although I reckon with settlement fees on the mortgage, costs and the stuff that would need doing on the house to sell it-new back door, kitchen etc I think it would be a close call, the debt collectors won't take that into account.

 

In the end we negotiated with them and sorted F & F's- so paid less than the demand. More than I wanted to pay but at least its sorted now.

 

Wanted to post just to give an end to the thread as so many seem to finish with nio conclusion. Thankyou to all the posters whatever your advice, its good to get different opinions.

 

Thankyou in particular Peter, just wondering if you have seen RD's thread, he was in simular situation to me and tried for a set aside which he lost. Now looks like the bankrupcy action is starting.

 

Ali x