What to do when a Statutory Demand is issued ?

[24233513afw]

Found this thread this morning, while trying to find some help on Bankruptcy and Mental Health issues, got wind that one of our creditors who does not have a copy of CCA only an application form, invalid default notice also is going to make my Husband Bankrupt for approx £20,000.

 

Dont want to mention the DCA as yet I know they monitor this forum intensively.

 

Have been reading through the forum and found a few Statutory demand cases on CAG and it seems some DCA are getting the Bankruptcy through the courts even although they dont have the CCA

 

They were good at dishing the finance out a few years ago, without checking our income.

 

His state of physical health and mental health with severe depression to the severity of not wanting to be here anymore, is really bad and has been for some years, we have quite a bit of equity in our house and are scared they will take our house away from us, cant increase our mortgage our we would to pay these debts off.

 

Can anybody advise us what to do when they send Statutory Demand please.

 

AFW

[BRIGADIER2JCS]

Hi, How old is this debt and when was the last payment

or acknowledgment in writting made.

Are there sufficient assetts to warrant bankruptcy,

in property or other disposable assett that can be realised

to satisfy the claim??.

Have you received any court papers yet.

With the absence of the CCA this can be challenged, it is

frowned upon to use SDs as means to getting payment

if there is no intention to proceed.

Also your husbands state of health should be taken into

consideration, and could be ground to get an SD set aside.

[24233513afw]

Hi, How old is this debt and when was the last payment

or acknowledgment in writting made.

 

Approximately 3 years ago, paid a payment or two to DCA before we found this site....

 

Are there sufficient assetts to warrant bankruptcy,

in property or other disposable assett that can be realised

to satisfy the claim??. Plenty of Equity in our house unfortunately...

 

 

Have you received any court papers yet. - Not as yet but looking on forum it appears that this company is sending these out fast and furious and they have bee trying to call us.

With the absence of the CCA this can be challenged, it is

frowned upon to use SDs as means to getting payment

if there is no intention to proceed. - I have read this Brigadier but according to some of the threads on here the courts are letting the Bankruptcy go through....really scarey.

 

Also your husbands state of health should be taken into

consideration, and could be ground to get an SD set aside - He is at his wits end especially due to all the medical conditions he has along with the severe depression.

Its just when I read the other threads and read that the courts where allowing these Bankruptcies to go through the system with only a defence of having Application form and invalid default notices it started to really panic us, cant sleep eat or think at the present time its like living in hell.

[BRIGADIER2JCS]

Should have asked is the house in joint names and the debt

solely in you husbands?

[24233513afw]

Hi Brigadier

 

House is in joint names and debt in husband name.

[BRIGADIER2JCS]

Ok I'm going to alert the team to see if someone well versed

in BR is around to help.

[24233513afw]

Many thanks Brigadier, I have to sign off just now, hospital appointment for hubby this morning.

 

Will be back on later today.

[42man]

If it was me in your situation then I would certainly SAR the original creditor/s as well as sending a CCA request (to the original creditor). I also suggest a call to the national debtline too (which is free, impartial and confidential) - http://www.nationaldebtline.co.uk/

 

I would suggest that until your situation improves the maybe a token payment of £1 per month might be a start....

[DonkeyB]

Are they actually in default of a proper CCA request? That would be a bar to enforcement.

 

What have they actually sent you? Did they send terms and conditions with the app form?

[24233513afw]

Hi

 

They sent an application form and a set of terms and conditions, which according to some other caggers on here, it seems as though this is enough to satisfy a judge and has let the DCA proceede with the Bankruptcy.

[DonkeyB]

Depends what they sent. Would help if we could see it. You need to be forensic – the requirements outlined in Carey v HSBC are very clear.

[cat10]

Subbing Could I ask is this anything to do with IND. I understand if you do not want to disclose this.

[24233513afw]

Tried to have a read at the above case, my head is spinning so fast I can't take anything in. Can't even decipher what its meant to say, feel like a right fool.

 

Can anybody tell me what should be on the CCA (or Application form) to make enforceable.

 

Sorry to appear so thick who is IND not to up on all the abbreviations.

[42man]

I suggest you spend some time reading around these forums as there are certain things that have to be on an agreement....prescribed terms, cancellation notices......If you are able to scan up the agreement they have sent this may help....but do cross out any personal identifiers...

[Undercover-Elsa]

Hi afw,

Just to pick up on your first post...you say the DN is invalid?

Can you expand on that

Obviously if that's the case then they cannot currently enforce, and would be another reason for a set aside.

 

kind regards,

Elsa x