Help Needed - Statutory Demand Received

[marshlady111]

Hi there

 

I have today received a SD through my door. I was here but no-one knocked the door. The SD is from creditor ME III Ltd as assignee in section C but it states solicitors Mortimer Clarke in section B. The original debt is to Yorkshire Bank for sum of £2,300. I was sometime ago intending to claim back horrendous bank charges - if i remember correctly to the sum of about £3,500 over six years. I didn't continue the claim due to the court case against banks failing. The SD is in my maiden name, I am currently unemployed and am a homeowner with mortgage. I am now left with this SD. What steps do I need to take now? Any help would be greatly appreciated. I have done some reading on here about SAR's and CCA's etc but am unsure of exaclty who i write to and what I say. Many thanks.

P.S. I haven't used the account for over a year now.

 

[ims21]

Hi there

 

What type of account? Loan or Current

 

ims

[marshlady111]

Current A/C

[BRIGADIER2JCS]

Hi there

 

I have today received a SD through my door. I was here but no-one knocked the door. The SD is from creditor ME III Ltd as assignee in section C but it states solicitors Mortimer Clarke in section B. The original debt is to Yorkshire Bank for sum of £2,300. I was sometime ago intending to claim back horrendous bank charges - if i remember correctly to the sum of about £3,500 over six years. I didn't continue the claim due to the court case against banks failing. The SD is in my maiden name, I am currently unemployed and am a homeowner with mortgage. I am now left with this SD. What steps do I need to take now? Any help would be greatly appreciated. I have done some reading on here about SAR's and CCA's etc but am unsure of exaclty who i write to and what I say. Many thanks.

P.S. I haven't used the account for over a year now.

 

 

Were you aware of the stage this debt had reached in the collection process, eg default notice etc?

Is it a bank current account with an overdraft?

As this is not covered by the CCA 1974 like a credit card or loan.

[marshlady111]

Yes I am afraid I did but have buried head in sand! I did have an overdraft - it was £600

[BRIGADIER2JCS]

I claim no expertise on SD's other here can help I am sure!!

[seen this before]

you need to have it set aside,it looks as if there is substantial charges possibly hidden so begin there.

 

the direct.gov gives information on these.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_187711

[harrassed senior]

Firstly keep the envelope...with regard to the stat demand you have 18 days from receipt to file the forms 6.4 (set aside) and 6.5 (affadavit).

 

You can find the forms here -

http://www.consumeractiongroup.co.uk...emand-set.html

 

Ring your local

county court

to check they handle bankruptcies/insolvencies if they don't they should be able to tell you which court nearest to you does...

 

Once you have filled out the forms take them to the court and ask them to 'swear in' in you affadavit (usually free at a local county court, £5 at a solicitor or £12 at Central London courts).....

 

As usual, they are issuing stat demands on the back of a letter saying 'you owe us this'...you need to substantially dispute the debt, whether it be an abuse of process, non prodution of the agreement within the prescribed timescales, non production of compliant defaults, non production of statements (excessive charges) etc...

 

You might find this thread useful too -

http://www.consumeractiongroup.co.uk...vice-post.html

 

Others will be along soon to start investigating the grounds for set aside, and what else you can do.

[marshlady111]

Thank you all for advice. Any more is greatly appreciated.

[marshlady111]

Where do I start with the set aside? Do I need to send a letter to the bank to ask for list of charges or write to collection agency? Thanks again.

[marshlady111]

help please

[Happyhippy1959]

Marshlady,

 

Firstly welcome, I have an overdraft account ( Yorkshire Bank one ) with these bad-boys and again like you I have horrendous charges. Though my charges are only £350.00 to claim back off a £886.00 overdraft bill. On set a sides I believe this can be done on line but wait till the more experienced caggers come a long.( but in reading about these dodgy stat demands anyone can print one off and send out.) Apparantly they have to be served correctly but that a side they are easy to get out of the way. Your priority now is to come to some agreement after getting all the facts from YB.

 

Your first course of action is to SAR Yorkshire Bank like I did, it will cost you £10.00 and they have to send you all they hold on you. Though Yorkshire bank failed to send my correspondence of the dispute with there paperwork.

 

I did not bury my head in the sand on this, I offered a token payment of £1.00 a month on this and they accepted,, I also stated that they would only get £536.00 in total as I disputed the charges. This is a long way down the line as at a £1.00 a month at the moment I don't think I will live long enough to pay it off.

 

Please don't worry, I know it is easier said than done. I am a house owner so I would ensure you take the advice from the boys and girls here and act on it. Have you any other creditors and if so are you paying them off at any rate.

 

Again depending on what value is in your house, even in the remotest possibility that they attempt BR, if you have no equity in your house you will in all possibility end up keeping it. Even if there is you can sell your rights to another party, but this is way way down the line.

 

SO FIRST THING,,, SET A SIDE THE BR CLAIM.

 

SECOND: SAR Yorkshire Bank ( and yes it is Yorkshire Bank you send the request too ) Inform those muppets from ME ll that you dispute this and are writing to YB under a Subject Access Reportl for all details of the account in question. Templates on this site. Once furnished with the information, make a sensible offer to repay, if that is only a token payment of £1.00, so be it. And inform them you will only be paying £xxx.xx that is less charges....

Edited June 20, 2011 by Happyhippy1959

[marshlady111]

Many thanks for your advice. What grounds should i use for the set aside? Also how much does it cost at the court?

[miss muppet]

Hello Marshlady, below is a link for the set-aside forms you will need, it costs nothing other than if you ask for a copy of the sworn affadavit, if you google you will also come across a guide on how to fill the forms in:-

http://www.google.co.uk/url?sa=t&source=web&cd=1&sqi=2&ved=0CDkQFjAA&url=http%3A%2F%2Fwww.insolvency.gov.uk%2Fforms%2Fenglandwalesforms.htm&ei=6UP_Tbz1H8qX8QPPppWqCQ&usg=AFQjCNFmaEJ7Srng9eNHVcAxUMAkmJVkJA

[Happyhippy1959]

Firstly you need to establish that you owe the debt. So your set a side could be that you know nothing of the debt. Just search this forum for set-a- sides and you will see various defences.

 

But first you need to know what this bill is about and that is your set a side defence. You are awaiting documentation from YB in the respect of the alleged bill. So SAR away to YB

 

What if I sent you a SD for say £4,000, would you just pay it or let yourself go bankrupt.... NO you would want to know what I was talking about...and you would have to ask me to prove it. As yours like mine is a overdraft we can't use the CCA, but we need to know what is made up of illegal charges, we want to know do these muppets legally own this debt and to obtain that you have to SAR Yorkshire Bank and until such time as that information is forthcoming your are in dispute...

 

See Hippy's letter when I requested a SAR... also replied it was none of there business what I was requested and I was not going to fill in any of my details on there childish forms they idea's of grandeur me thinks.

hippy v marlins2.pdf

hippy v marlin.doc

[Happyhippy1959]

oh and this is there dreamed up form...JOKERS

 

The outcome, Hippy pays his pound and will continue until i can afford more.

HAHA.PDF

[marshlady111]

Thank you happyhippy - that helps alot

[RoyalIrish]

What about receipt and proof that you actually received this Statutory Demand?

 

I thought that they had to have strict evidence that you received a Statutory Demand?

 

Shoving it through a door hardly seems proper procedure!

 

Could you not deny you ever got it?

 

RI

[debt4get]

What about receipt and proof that you actually received this Statutory Demand?

 

I thought that they had to have strict evidence that you received a Statutory Demand?

 

Shoving it through a door hardly seems proper procedure!

 

Could you not deny you ever got it?

 

RI

you could but it would be a dangerous road to go down..as they could get a bankruptcy judgement against you...which you would then have to get set aside...best nip it in the bud now before it goes any further

[debt4get]

have you filled in stat forms yet for set aside?

[BRIGADIER2JCS]

A statement by the bailiff or solicitors agent stating the date and time the item was posted through

the door is always made and would be produced in court, the agent is signing that as a statement of truth

and denying receipt will cause considerable problems and I have known charges of perjury or contempt

of court arising.

[Happyhippy1959]

Yes you are correct Brig,, bankruptcy is not like a CCJ, it has implications for your future so all has to be above board.. To be honest and that is my own personal feeling it is bluff and bluff unless they know Marsh has hidden assets what's the point in making her BR. !!!!!!!!! it will cost them an arm and a leg... It is totally MARSH's decision, but if she is a householder with equity in her property then get the set a side in...

 

Me, I pray I get one of these because I will be straight on the blower and ask them for a date and will buy the coffees for there legal eagles down at the courts...... It would save me £600 and wipe my £40k of unsecured debt out, sod the consequences look at all the rich and famous who have been past bankrupts..

[MONX]

Where the serving of SD's are concerned there seems to be two schools of thought.

 

On one hand the the rules state that they should try to serve it personally and if after a certain amount of attempts they are then allowed to use royal mail but must show proof of the attempts to serve it personally at court. This being the case, if they have just posted this through your letter box either by hand or through the post it is unlikely that they have tried to serve you this by hand....usually they try to make an appointment with you either by post or phone if they want to do this. Judges are supposed to take this into account if you state that you never received the SD and therefore were unable to defend or get it set aside.

 

On the other hand, and in my humble opinion it is always better to get them set aside if you can. Most DCA's use this as a form of debt collection without really understanding what they are doing...once you have had a SD set aside they cannot try again for 14months which gives you ample time to SAR the OC and get all the information you need to defend your case or see the DCA off with dispute letters. Judges can be quite good with people representing themselves in these cases although there has been some nightmare scenarios where judges have completely disregarded the law involved and gone down the route of the moral of "you had the money now pay it back" regardless if you have been given proof of the debt, an actionable credit agreement etc.

 

Some judges will allow you costs if you can prove that they are misusing the insolvancy service to aid debt collection but they will only do this if you ask for it and do that with a list of your costs.

 

Its up to the OP what they do whether to set aside the SD or to ignore it completely...the DCA's rarely go for bankruptcy as it costs them upwards of £1000 to do this with no guarentee that they will recoup this and the debt they alledge you owe. However personally, as I said before I would always get it set aside (if you have a valid reason) and that protects you from bankruptcy.

[Happyhippy1959]

Agree MONX entirley, it is a shabby form of debt collection practice which sadly we will see a lot more off... Due to present changes proposed by the coalition Government to charging orders, the public becoming more aware of there rights and in all fairness most off the District Judges awarding only what the client can afford for paying back the debt. There grubby little industry is creaking and floundering and as in the middle east the internet is being used to bring down these tin-pot dictating companies with the power of the people.

 

MARSH, sound advice, If you have assets then please set a side, if like me you have jack all then use for hamster bedding.

[marshlady111]

No as i am still unsure what to write - if you can give some tips please? Thanks