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Statutory Demand withdrawn - DCA have cancelled the hearing?


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Hello all,

 

Firstly, a big thank you to everyone who posts on this site - your help has been invaluable!

 

Brief history of my case:

 

I received a Statutory Demand in September, from a local DCA regarding a debt from 2002. The debt was incurred when I was a Sole Trader and was included in the petition when I declared bankruptcy the same year.

 

The original creditor has recently gone into liquidation, so I guess my name came up as a debtor - hence the SD.

 

As the debt had been included in the bankruptcy, and now obviously Statute Barred - I applied to have it set aside (plus costs) at my local county court.

 

Today however, I received a letter from the DCA stating the following:

 

"We advise that out client (the liquidator) no longer wishes to pursue this debt and has advised the court accordingly. Hearing of the **th of November 2011 is now cancelled. " They have also written to the court requesting that the hearing is cancelled.

 

Can they do this? I was looking forward to going to court to draw a line under the whole situation, and hopefully claim for the costs incurred preparing for the hearing.

 

If I choose to just accept the letter as 'case closed', and do nothing more - are there any possible repercussions?

 

Many thanks for your help.

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Hi and welcome to CAG.

 

I would still attend the court on the date.

It has been known that a DCA will send a letter stating they won't be attending court to put the debtor off-then attend court and get judgement. However, this was for a county court case and not an Statutory demand.

 

You could also write to the DCA asking for your costs as an alternative

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the welcome Silverfox.

 

That sort of tactic from a DCA doesn't surprise me in the slightest.

 

I guess what I am failing to grasp is whether the DCA is actually able to cancel the hearing and whether or not I have a say in it?

 

Is it for the court to decide whether the hearing goes ahead if and when they receive the letter from the DCA, or is it automatically dismissed now that they have 'dropped the case' so to speak?

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A Statutory Demand, although a court document, is not filed in any court. It is printed off and sent via the post. The only time a court becomes aware of the SD is when the defendant tries to set it aside. Now that you have asked for the set aside, the court is now aware which is why the creditor will have to write and withdraw it.

 

Any claimant can begin a case and withdraw from the case. (discontinuation)

 

You can still attend the court if you wish and tell the court that you have heard of creditors saying one thing and doing another

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Could be worth asking them for your costs... it wont be much as its pre-hearing but you can claim the LiP rate for research and form filling etc, transport to the court to drop of your application, photocopying etc etc. Threat of applying for a wasted costs order if they dont pay up.

 

They took a gamble and thought you'd roll over... you didnt :)

 

S.

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