Statutory demand over turned now being threatened with legal action

[unclebulgaria67]

It is worth checking with your Home Insurers legal expenses, as they may pay for you to use your own solicitor. The only problem with this may be that the dispute goes back to 2007/2008 and they may not see the statutory demand as being new, but a continuation of the problem you had in 2007. With any claim under an Insurance, you have to register the claim within so many days of the problem occurring.

 

Phone them to discuss this and see whether they can help or not.

[Archiem]

**UPDATE**

 

I spoke to CAB and by the end of that first week I had returned my forms and evidence.

 

I just went through point by point, ie incorrect to say I owed this sum and showed the evidence of copy of cheque

and my bank account for a month to prove it hadn't been cancelled and referred to the evidence marked A, B etc)

 

put those papers together and marked them up, quickly told my story,

went on to say it was incorrect to say there was no dispute and put that evidence together,

and said it was incorrect to charge interest (well CAB said it was, as there had been no Court Order made so they couldn't quote the County Court Act, I took this on trust).

 

In the part that said who do you want to summon, well it was in the plumbers name, but had been signed by Final Demand Limited,

so in order to be fair I summoned them both.

 

I now have a court date of 29th March to hear my setting aside.

 

I did ask the court to hear my application because I believe final demand may well want to withdraw the Statutory demand

when they are aware that I have applied to have it set aside, but I wanted a resolution otherwise I have no protection from a whole string of no win no fee outfits having a go.

 

CAB said lots of people just pay to stop this or pay a small amount,

but the worst thing was the people who ignored it because they knew they owed nothing and then ended up with big problems.

 

The Statutory Demand in promoted on the Government web site as an easy way for a debt to be settled.

Why don't they promote the small claims court instead ?

 

Thanks

Edited March 12, 2012 by Archiem
typo

[Archiem]

In March this year I had a Statutory demand overturned, because a) it was an abuse of processes, b) I had a cheque proving payment and a number of other reasons. Also they were claiming statutory interest and costs, but the case has never been to court and no judgement made, so the interest and costs were deemed invalid.

 

The other side were told there only recourse was to a Small Claims Court, which is fine by me as I will counter claim.

 

Now I have been contacted by a company called Credit Protection Services looking for the exact amount that was on the statutory demand (which included interest and costs) saying if I don't pay within 7 days they will issue court proceeding for the recovery which will include a claim for both interest and costs.

 

I have called them and informed them that this has been to court and gave them the court and number of the case.

 

My question is if a statutory Demand is overturned, can the person who issued it just keep going to different agencies and issue another statutory demand in the same. I could be back and forth to my local court every few months

[unclebulgaria67]

Yes they could issue another SD on the correct basis and then look to petition for bankrupty. They would have to make a stronger case than they did previously, otherwise you could just point to the previous case. I don't think they will do this and just issue a court claim as advised in their letter.

[Archiem]

Thanks, I don't think they have a stronger claim, the Judge was pretty damming as he was holding a copy of my cheque which quite clearly had left my bank account and gone to his (initially I think he didn't reconcile his books and asked again for the payment as the invoice he presented was marked not paid, he has already seen my proof, but has waited 5 years to do anything).

 

What do they meant by a court claim ?

[AndyOrch]

A county Court Summons(Money Judgment CCJ).

 

Andy

[Archiem]

Thank you, does this not require proof that there is a debt in the first place ?

[unclebulgaria67]

Thank you, does this not require proof that there is a debt in the first place ?

 

Yes they would have to show you had breached a contract condition i.e not paying the amount due within the period required.

[Bandit127]

Sorry to state the obvious, but you will need to mount a defence to bring this to the court's attention. Judgment by default would be a travesty in your case.

 

You are dealing with a DCA here. Average IQ is about 50.... Therefore I would start by disputing the account because you paid all monies that were legally due at court. Tell them to stop recovery activity and remove all details they hold on you under the Data Protection Act.

 

Take it to them...

[Guest]

.............

The other side were told there only recourse was to a Small Claims Court, which is fine by me as I will counter claim.

 

Now I have been contacted by a company called Credit Protection Services looking for the exact amount that was on the statutory demand (which included interest and costs) saying if I don't pay within 7 days they will issue court proceeding for the recovery which will include a claim for both interest and costs.

 

..........

 

did they actually say 'will'? if so, be prepared they might well issue a claim (not an sd).