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Received Statutory Demand - some help needed


waroo
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Hi,

I received a SD on Saturday evening (12th) although the SD and accompanying letter were dated at the end of September. It was pushed through my letterbox having answered the door with my young children when it was dark and raining outside. I didn't confirm who I was and he didn't tell me what he wanted but said he was here on behalf of the solicitors on the letter. I said I wasn't willing to discuss anything on the doorstep and shut the door. He posted it 10 mins later.

 

Back in September 2010 I had an issue with the original creditor over adding a late payment charge and over limit fee onto my account when my payment wasn't late & I wasn't over my limit. Despite making the minimum payment one month, there interest charges eventually pushed me just over my limit so that open the doors for them to add more charges. They then of course took my low lifetime balance transfer rate off me and my payments doubled so I couldn't afford to make payments.

 

In Septmeber 2010 I sent a CCA request to which I recveived a response with a copy of an application form with my signature on it but date on both my signature and that of the creditors had been filled out by someone, not me. The year on both these had clearly been altered. I sent an 'account in dispute' letter but received a reply stating they basically has comlied so tough.

 

I started a post on here about this so I won't repeat myself but will try to post up a link in a minute.

 

Anyway, my issue is that in October 2010 I received a default notice which only gave me 14 days for the date on the letter to remedy so I believe this to be invalid. The amount of the arrrears is far higher than the amount showing as owed on the October statment (£400 more on DN).

 

2 days before the date to remedy the default was up I have a letter stating I had failed to comply and they had terminated the agreeent. I sent a letter acknowledging there letter.

 

After the date of the termination letter I continued to receive several statements all adding more interst and charges and another default notice.

 

My questions are:

1. Do I have grounds to have the SD set aside on the basis that I had put the account in dispute in 2010.

2. The original default notice being invalid

3. Termination of the account before the date to remedy the default had passed.

4. The SD refers to a default on a date several months after I had received the 1st 2 DN's. The one referred to in the SD I have never received anything.

5. Is the amount being claimed wrong because it continued to increase after the account was terminated (although if it was terminated too early then they lost all right to claim anything but the arrears didn't they?)

 

I have been reading so much on here that I have lost my head a little as to what exactly I should be putting on my application to set aside.

 

Any help would be greatfully received, thanks

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Further information and all the required forms waroo

 

https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

 

Regards

 

Andy

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Further information and all the required forms waroo

 

https://www.gov.uk/statutory-demands...atutory-demand

 

Regards

 

Andy

 

Link does not work.

 

Think this is the one.

 

https://www.gov.uk/statutory-demands/challenge-a-statutory-demand

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Please could someone claify to me how much detail I should include on the form 6.5 witness statement.

 

I have typed up 4 pages of detail which includes extracts re: default notices and CCA 1974, OFT guidelines etc. Do I just include a brief outline for my reasons to set aside on the form and attach an appedix explaining in more detail or just include the whole lot attached to to witness statement form? I have copy letters to attach which I assume I can refer to extrat A,B etc.

Thanks

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