Help !!!!! / I have been served a statutory demand

[The Mould]

nirandudu

 

I do not disagree with anything posted by 42man, however, what do you propose are the grounds of your intention to contest the SD and apply to set aside the same, because, as of the date hereof, you have not provided any evidence or argument to support a set aside app.

 

You appear to be contradicting yourself, you acknowledge the debt and agree that you do not dispute the same, now you appear to dispute the debt and wish to apply to set aside the SD.

 

If you contradict yourself here, you will contradict yourself in Court before the Judge.

 

If you have a valid defence that will defeat the SD, then I will of course assist or advise you on the same, however, as above, you have not provided any evidence here to support an action to set aside.

 

Please come back and update on the above.

 

Kind regards

 

The Mould

[nirandudu1]

You are right The Mould,i agree on the debt and didnt think i would have a chance if i dispute it,but then again i want it set aside on grounds that (1) There are unlawful charges to the account (2)PPI on account (3) they did not give enough time/warning before serving the SD - they claimed the visited my address on 8/12/2013,but they didnt post anything through my mail box in effect to that.The first mail shot i saw was on the 7/1/13 claiming that they attended my property on the 8/12/12 and 5/1/13 and that they intend to attend again on 12/1/13.They did attended on 12/1/13 with a letter dated 4/12/2012 accompanied with the SD

[nirandudu1]

Correction:- 8/12/2012 i mean

[42man]

They have served the demand on you so I don't think you can argue that point.....

[The Mould]

You are right The Mould,i agree on the debt and didnt think i would have a chance if i dispute it,but then again i want it set aside on grounds that (1) There are unlawful charges to the account (2)PPI on account (3) they did not give enough time/warning before serving the SD - they claimed the visited my address on 8/12/2013,but they didnt post anything through my mail box in effect to that.The first mail shot i saw was on the 7/1/13 claiming that they attended my property on the 8/12/12 and 5/1/13 and that they intend to attend again on 12/1/13.They did attended on 12/1/13 with a letter dated 4/12/2012 accompanied with the SD

 

Thank you for your above post nirandudu.

 

Have you checked your own records of this account? Have a look at all the correspondence sent to you to see if you can find a valid statutory default notice and a Notice of Assignment.

 

PPI on the account may give rise to a defence-set off against the amount claimed, but you will need the details of the PPI to argue this.

 

Come back, roger - over.

 

Kind regards

 

The Mould

[nirandudu1]

I had no idea it would come to an SD so all documents regarding the account has been shreaded since i couldnt make my contractual payment since 2008/9

[The Mould]

I had no idea it would come to an SD so all documents regarding the account has been shreaded since i couldnt make my contractual payment since 2008/9

 

Thank you nirandudu.

 

FM, default notice and notice of assignment arguments are not available then.

 

The unlawful charges argument, have you any paperwork to support this? Or did you shred everything including the statements they sent you?

 

PPI would appear to be your only valid argument against the SD for the amount claimed. You need to know the figures and present an argument asserting that the creditor is not entitled to amount claimed and that you have sent a letter to the creditor requesting that he engage in discusion with you with a view to settling this PPI issue and thereafter the parties can realisticly negotiate a repayment rate of the actual amount outstanding, to this end, until the PPI issue is resolved, I have sent the creditor an offer to repay the debt at a rate of £50 per month without any admission of liability to the amount claimed by him in this action. A copy of my said offer is served attached hereto marked exhibit "N1" (put your real initials).

 

Check the above out, see what others think.

 

Come back, roger - over.

 

Kind regards

 

The Mould

[nirandudu1]

Everything has been shredded,the only alternative is to request for copies of all my statement from barclays i suppose.Thanks The Mould.

[dx100uk]

SAR to barclay by RD then

dx

[The Mould]

Everything has been shredded,the only alternative is to request for copies of all my statement from barclays i suppose.Thanks The Mould.

 

All very well, however, time is of the essence and the requisite response back from Barclays will be too late.

 

Argue that the SD should be set aside as their is mis-sold ppi on the agreement and that this issue needs to be resolved first as the creditor is not entitled to the amount claimed in this action.

 

And, as I stated earlier, make the offer in a short letter of £50 per month "without any admission of liability" (very important you state this) to the amount claimed. Send the letter by registered post to the creditor, state that you dispute the amount claimed as there is an outstanding ppi issue that he needs to resolve with you, enclude the first £50 cheque and request that he withdraws his SD, failing which, you reserve the right to disclose the letter to the Court at the hearing of your application to set aside his SD.

 

Try that nirandudu, see what others think.

 

You need to do something that will benefit you and not the otherside.

 

Kind regards

 

The Mould

[nirandudu1]

Thanks,can i enclose a a postal order as i do not have a cheque book.All my transactions now are done by direct debit or online

[42man]

Postal orders are recommended especially so as it has been alleged that some DCA's 'lift' your signature....!!

[nirandudu1]

Thanks 42man

[nirandudu1]

Should i send in the set aside forms at this time also or wait for a response from them

[The Mould]

Should i send in the set aside forms at this time also or wait for a response from them

 

Yes, goodness me nirandudu, you must follow the advice posted by 42man and others regarding the forms to set aside. Complete the said forms and have ready to file to the Court in time.

 

Kind regards

 

The Mould

[nirandudu1]

All letters sent now,just going to court for set aside forms as my computer is faulty.Thanks everybody for all the advices,may God bless you all,i'll update on new development

[42man]

How to fill in Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from (CREDITORS NAME) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of CREDITOR/SOLICITOR)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

[nirandudu1]

Thanks 42man

[nirandudu1]

How do i feel in the 6.5 please

[nirandudu1]

Sorry i meant how do i FILL in the 6.5 form and does it have to be professionally sworn in,signed or sealed by a registra of oath?

[nirandudu1]

Also,as the debt has been bought by Lowell do i assume they are now the creditor or is it still barclay card? I ask these in respect to the 6.4 set aside form

[The Mould]

Sorry i meant how do i FILL in the 6.5 form and does it have to be professionally sworn in,signed or sealed by a registra of oath?

 

nirandudu see below

The procedure to get a statutory demand set aside.

After the period of21 day from the statutory demand being served the person issuing the statutorydemand may begin the process that petitions the person’s bankruptcy.

One method ofavoiding bankruptcy is to get the statutory demand set aside.

To successfully geta statutory demand set aside one or more of the following must be satisfied:-

§ The amount statedon the statutory demand is disputed. (1)

§ The person issuingthe statutory demand also owes money. This is called a counterclaim. (2)

§ The person issuingthe statutory demand is holding security that equals or exceeds the amountowing.

§ The demand wasissued in error.

§ The amount owing isless than £750

§ Execution has beenstayed on a judgement debt.

§ The debtor iscomplying with an instalment order. This would mean the debt is not actuallyowed as it is being paid back.

§ The creditor failedto comply with the rules and prejudiced the debtor in the process

Point numbers 1& 2 (above) are sufficient grounds for a set aside app in yourcase.

Attach your offer letter as an exhibit (your £50 “withoutany admission of liability” offer letter that you have sent to the creditor)and refer to said letter in form 6.5.

Summary: you disputeamount claimed, there is mis-sold ppi and the creditor owes you repayment ofthe ppi, the amount owed is not established at the present time.

I hope the foregoing is helpful.

Kind regards

The Mould

[nirandudu1]

Thanks the mould

[nirandudu1]

Just submitted 6.4 and 6.5 form along with letter and a copy of the letter and 50 pounds postal order semt to Lowell,thanks guys,so what next

[nirandudu1]

Hello people,just thought i should update you on the latest and perhaps get some advice where required.

 

I got a letter from the county court yesterday saying that my application has been directed to the district judge who would decide if i have enough reason to request for a set aside.Can he refuse the application and what happens if he does?

 

Also yesterday,I got a voice message from BWLegal,a law firm working on behalf of Lowell,that i should call them "asap" to discuss about my monthly 50 pounds offer. Should i call them or just keep all correspondence with them to letters only? Thanks