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Stat Demand Received. Interesting story this! **DEMAND WITHDRAWN/ **SET A SIDE**


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Armed police attended and questions both parties. Ultimately they said they would keep an eye open and that it was a civil matter. Their word against mine....

 

 

Carlyx,

 

Just very briefly, what the police meant is that the DEBT is a civil matter. Threats to kill are something very different indeed, as evidenced by armed policemen turning up.

 

A conviction of making threats to kill will often end up with a prison sentence - even in the magistrates court - especially if there are aggravating factors.

 

Aggravating factors include:-

 

repeated threats:- did this person threaten to kill you more than once?

 

vulnerable victim:- you say that you were previously sexually groomed by this much older man when you were 18

 

victim needed medical help or counselling:- you say that you have not worked for 3 years due to a severe anxiety/depression disorder. Is this related to the activities of this person?

 

All of the above factors make the crime ''worse'' and make the person likely to face a tougher sentence if they are convicted.

 

 

I would reiterate what phaitun said above in post #73

 

 

 

With regards to costs, I don't know if it's been mentioned above, but you can claim your legal and other costs when you set aside a SD.

 

The reason for this is that it is NOT done in the small claims court and so the rules of the small claims court do not apply.

 

There are specific rules that you need to follow to claim costs, but since you have a solicitor involved he will be well versed in this - although maybe just check with him that he will be claiming the costs.

 

 

Again, don't know if it's been mentioned above, but if you get costs awarded and the person doesn't pay them then it is useful to use a High Court Enforcement Officer to collect the debt - they can do a lot more than court bailiffs to collect money.

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TO ANY OF THE EXPERTS ON STAT DEMANDS.

 

I now have my draft witness statement to hand. Could I please PM this to one of you to cast your clever eyes over. Any suggestion or alterations would be welcomed.

 

Thank you.

Edited by Carlyx
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not too long. your app'n will either be dismissed straight away, or if not a hearing date set. unless/or claimant withdraws sd.

Edited by Ford

IMO

:-):rant:

 

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not too long. app'n will either be dismissed straight away, or a hearing date set. unless/or claimant withdraws sd.

 

Cool. Will they send my statement of truth to the claimant before making their decision?

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no.

 

ps, in general

'Where the debtor (a) claims to have a counterclaim, set-off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment, order, liability order, costs certificate or tax assessment) the court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.' Insolvency Pract Direction 13.4.4

Edited by Ford

IMO

:-):rant:

 

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  • 2 weeks later...

in some respect yes as they have not dismissed your application to set aside straight away. so, there will be a hearing to decide, on the issues, whether to grant the set aside or not (unless claimant withdraws the sd in the meantime). court will send notification of the hearing to claimant.

Edited by Ford

IMO

:-):rant:

 

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in some respect yes as they have not dismissed your application to set aside straight away. so, there will be a hearing to decide, on the issues, whether to grant the set aside or not (unless claimant withdraws the sd in the meantime). court will send notification of the hearing to claimant.

 

Thank you for your continued help. Its really kind of you.

 

Whats the process? Will I have to attend the court? Or is it just a judge in a room going through the paperwork then makes a decision?

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yes, you must attend and be ready to present/answer your application.

hearing should be in room with judge. and claimant across the desk from you (if claimant turns up! if they don't turn up then their absence should go in your favour)

IMO

:-):rant:

 

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yes, you must attend and be ready to present/answer your application.

hearing should be in room with judge, and claimant across the desk from you (if claimant turns up! if they don't turn up then their absence should go in your favour)

 

And how would the judge feel if I didn't turns up due to their threats?

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i see what you mean. perhaps could contact/advise court prior re poss threats etc and see what the court could do to accommodate the situation to your satisfaction.

if there is any to do in court then claimant may be held in contempt of court (imprisonable depend on circumstances). any to do in court building and they could be thrown out. judge should take that into account in your favour. also, if there is any to do then police could get involved also.

if you decide not to go, then write to court/judge explaining why.

see what others say.

 

ps, just remembered you are using a solicitor. what do they say? sol can represent you at court without you being there, at cost though!?

Edited by Ford
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IMO

:-):rant:

 

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  • 3 weeks later...

UPDATE!!

 

Received note today that Direct Collections Limited's client has decided not to proceed to court and has subsequently withdrawn their SD.

 

I wonder what they are playing at?

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:)

who did you get withdrawal note from? if them, double check with court has been vacated. consider claiming any costs.

'what they are playing at?' -> silly b#gg#rs!

Edited by Ford

IMO

:-):rant:

 

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UPDATE!!

 

Received note today that Direct Collections Limited's client has decided not to proceed to court and has subsequently withdrawn their SD.

 

I wonder what they are playing at?

 

If there is a court date for the set aside, then contact them to make sure they are aware that the claimant is withdrawing. If they are not, you should take it that they are continuing, until the court advises that the hearing has been cancelled.

 

Hopefully this matter will now be closed for you, but don't take the letter as a fact. Not unknown for some companies to say they have withdrawn and somehow the action continues.

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:)

who did you get withdrawal note from? if them, double check with court has been vacated. consider claiming any costs.

'what they are playing at?' silly b#gg#rs!

 

Hey Ford,

 

My legal team received the headed letter in the post today confirming their withdrawal. We are going to go for costs on Monday. They need to be taught a lesson that they cant use this as a tool.

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Carly, you should now forward a complaint to the OFT in respect of this Stat demand and their withdrawal at this late stage.

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Carly, you should now forward a complaint to the OFT in respect of this Stat demand and their withdrawal at this late stage.

 

Thats a very good point. I will compose a well written letter over the weekend and post on Monday. I thank everyone on here for their help.

 

Thank you.

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yes, good point there. using an sd as just a 'threat' 'tool' with no intention of pursuing, to try and get someone to pay. against oft guide i believe?

keep thread informed carly.

amend thread title citb? :)

Edited by Ford

IMO

:-):rant:

 

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Whilst checking my credit report this morning it appears a new debt collecting agency has completed a search on me. This person is going to make my life hell. Agency after agency after agency.

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Whilst checking my credit report this morning it appears a new debt collecting agency has completed a search on me. This person is going to make my life hell. Agency after agency after agency.

 

Which agency ?

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Debt Management Services Limited and Capital Recoveries

 

They seem to deal with Mortgage shortfalls following repossessions. But they do other work as well.

 

What search type is shown.

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