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

[nirandudu1]

I have been served a statutory demand by (bw legal) a debt recovery firm acting on behalf of barclay card.

 

I owe barclay card the amount of 7,411.29 from credit card debt since 2008.

 

They have written and called me severally, but i've ignored all contacts and correspondence.

 

A letter was slotted through my letter box(no envelope,no stamp) on the 7/1/2013 threatening to file for statutory demand,on saturday the 12/01/2013,

 

a letter along with a statutory demand was hand delivered to my address

 

,then again another statutory demand letter was posted to me yesterday monday 21/01/2013 telling me that i have till the 2nd of february 2013.

 

I have never disputed the debt nor have i been CCJ over it.

 

Is it possible to have the SD set aside in my case,

 

can i do it myself or do i need to go to a solicitor?

 

Please help

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to our Legal Issues Forum, hopefully you'll get some advice shortly.

 

Regards,

 

Scott.

[Conniff]

Have you contacted them since you received the statutory demand ?

 

They will probably come to an agreement over payment. If you let this run without contact, they will file for bankruptcy.

[AndyOrch]

Is there no dispute with the debt?

[nirandudu1]

I have not made contact with them and there's no dispute with the debt.should i call them or write to them?

[Northernpug]

The options you have are to

 

a) Dispute the debt

 

Typical reasons are non enforceable CCA but you would have had to send a CCA request before the SD was received for it to be most effective. Amount - can be disputed due to unlawful fees being added or PPI

 

b) Compound the debt - come to an agreement with a repayment plan but it must be affordable and should not prejudice any other creditors. If you make a reasonable offer that you can substantiate and BW Legal refuse to accept it, you can apply for it to be set aside on the basis of refusal to accept a reasonable offer.

 

c) Secure the debt - offer something as security usually a charging order on any property you own.

 

You have nothing to lose by trying to set aside. It doesn't cost anything. You will need to submit form 6.19 which you can find here - http://www.bis.gov.uk/insolvency/Abo...land-and-wales

 

Suggest you send a CCA request to BW Legal and a SAR request to Barclays to get as much information as you can.

 

Sorry got to go to work now but I'm sure someone else will be along to help shortly.

[nirandudu1]

Thanks northernpug,but what is an SAR and how do i request for it? Should i make a repayment plan suggestion of 50 pounds per month?

[nirandudu1]

What should i do first,should i request for the CCA and SAR first or write to BWLegal suggesting a repayment plan? Having in mind that i have till the 1st of february,what step should i take please?

[dx100uk]

pers i'd get as much info as possible as quickly as possible.

 

sar to BC now by RD

 

dx

[nirandudu1]

Thanks dx100uk,but what if they do not respond before the 2nd of february,can/will they still be able to commence bankcruptcy?

[dx100uk]

yes

didn't say it stopped them

 

but you need the info.

dx

[The Mould]

Thanks dx100uk,but what if they do not respond before the 2nd of february,can/will they still be able to commence bankcruptcy?

 

 

A Subject AccessRequest (“SAR”) will take up to 40 days for response from your creditor.

As you state thatyou do not dispute the debt, you ought to make contact with your creditor andmake your offer to pay the debt off at a rate per month that is within yourmeans.

Request that he(your creditor) withdraws his Statutory Demand (“SD”) and enter discussion withyou with a view to negotiate a repayment plan with you.

Is there any PPI onthe agreement?

If you cannot reachany agreement as to paying a monthly amount that you can afford, or if you donot respond to the SD, the creditor will continue his action against you andproceed to bankrupt you.

You really need toact on this matter and make a decision as to how you are going to deal with it,because if you ignore the matter, it will not go away and only worsen for you.

I hope theforegoing is helpful to you.

Kind regards

The Mould

[nirandudu1]

Thanks dx100uk and the mould, i can't remember if there's PPI on the account,but chances are there is.So if they refuse my offer(50 pounds per month)hey can still pursue for bankruptcy? That means they'll probably delibrately refuse my repayment offer.

[The Mould]

Thanks dx100uk and the mould, i can't remember if there's PPI on the account,but chances are there is.So if they refuse my offer(50 pounds per month)hey can still pursue for bankruptcy? That means they'll probably delibrately refuse my repayment offer.

 

Whatwere your normal monthly payments under the agreement before you stopped orbecame unable to meet the same? This is relevantas to your proposal to offer £50 per month.

How manymonths’ payments have you missed and what is the reason as to why? Again, this is relevant as to your saidproposal to offer £50

Has yourcreditor served a valid statutory default notice upon you? Has he terminated the agreement via statutoryprovisions of the CCA 1974 as amended or has he terminated under the terms ofthe agreement on the grounds of your non-performance of your obligation(s)under the same?

Kind regards

TheMould

[Guest]

forms 6.4, 6.5 (not 6.19) re set aside of stat demand

[Northernpug]

forms 6.4, 6.5 (not 6.19) re set aside of stat demand

 

Yes sorry, was in a rush and 6.19 was the first thing I thought of which is to oppose petition, not for set aside.

[nirandudu1]

Thanks for your response guys. The mould,i stopped paying when i lost my job in 2008(4 years ago),prior to that,i think i was paying 70 pounds(not 100% sure now as its been a while),I don't know if a statutory default was ever served neither do i think they've officially terminated the agreement by the processes you mentioned. Can i dispute based on these???

[The Mould]

Thanks for your response guys. The mould,i stopped paying when i lost my job in 2008(4 years ago),prior to that,i think i was paying 70 pounds(not 100% sure now as its been a while),I don't know if a statutory default was ever served neither do i think they've officially terminated the agreement by the processes you mentioned. Can i dispute based on these???

 

Can Ijust remind you that you have previously stated;

“I have been serveda statutory demand by (bw legal) a debt recovery firm acting on behalf ofbarclay card. I owe barclay card theamount of 7,411.29 from credit card debt since 2008.They have writtenand called me severally, but i'veignored all contacts and correspondence”. (emphasis added)

And;

“I have not madecontact with them and there's nodispute with the debt.should i call them or write to them?” (emphasis added)

You have not posted sufficient details and evidence to supportany view, opinion or advice as to helping you to dispute the debt with a viewto apply to set aside the SD. If it isnow your intention to contest this SD, then you must review all paperwork for thisaccount and post back with sufficient details of the history and any evidencethat you believe will support a set aside application.

I would advise based upon the material you have posted here thusfar, that you contact theClaimant/creditor and put a reasonable offer to him and request that hewithdraws his SD.

Come back and update, if you make an offer that is, post the Claimant/creditor’s response to youroffer, in the alternative, post details of this matter and evidence inorder to establish whether or not we can advise you to contest the SD.

Kind regards

The Mould

[nirandudu1]

Sorry for the late response guys,i was down due to flu yesterday,slightly ok now though.Many thanks the mould, i think i'll just come to an agreement with them to pay off the debt with an acceptable monthly payment plan,what do you guys think?

[DonkeyB]

Can check something – has this account been sold to Lowell? I doubt the petitioner is Barclaycard.

[nirandudu1]

It has been sold to Lowell about 3 years ago

[42man]

First things first you need to spend some time reading around these fourms, especially in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes but just type in Lowells in the search box and you will find plenty of threads.

 

A CCA request is the first step, and also a SAR, send the CCA request to Lowells (they are probably the owners of the debt now), the SAR goes to the original creditor. You can find the links in my signature.

Make sure you send £1 postal order for the CCA request (send recorded) and £10 for the SAR (again send recorded delivery) You will need to sign the letter for the SAR but NOT for the CCA request.

 

You have got 18 days from when the demand arrived in your hands in which to apply to set aside at your local court. however not all county courts handle bankruptices/insolvencies, you can check here to see if your local court handles BR's / Insolvencies - http://www.justice.gov.uk/about/hmcts

 

You will need forms 6.4 (set aside) and 6.5 (witness statement) which you can find here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

It doesn't cost anything to set aside a demand.....

 

If you want to fight this and avoid being made bankrupt and are prepared to face up to these bullies then you will certainly be more empowered after reading these forums....

[nirandudu1]

42man i thank you for your advice,i will get on it immidiately and update as events unfold

[42man]

If you need any help please shout....

[nirandudu1]

Thank you so much 42man,i certainly will if need be