Jump to content


  • Tweets

  • Posts

    • Small boat crossing numbers in last 7 days much more than the planned number to be sent to Rwanda. Small boat arrivals – last 7 days - GOV.UK WWW.GOV.UK These migrants obviously believe that being sent to Rwanda is not a consideration when they are aware of other migrants having died making the English channel crossing. If Rwanda was going to receive thousands of migrants, then it probably would be a deterrent to some. But the threat of sending 300 migrants to Rwanda is just not going to make any difference.
    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Statutory Demand for Private family debt


mrscsmith
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1568 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A family member loaned my husband a large amount of money in 2010,

my husband was later disabled through intense illness and lost his business and is since in wheelchair.

The debt simply cant be repaid as dont have funds due to all the problems arising since 2010

 

Today I was served a Statutory Declaration demanding I pay the money back stating It was given to me - never was.

 

My brother found someone to work for him for free as a litigation friend.

We are on benefits and in council house.

He wants to take out bankrupcy proceedings against me in person.

 

There are loads of lies in the Statutory Declaration and its not dated.  
Should I just ignore it and wait for it to go to court if ever?????


Surely since it 9 years since the money was loaned and no papers were signed is it still enforceable?

Any advice please

Link to post
Share on other sites

  • dx100uk changed the title to SD for Private family debt

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I have never agreed to pay the debt back, there is nothing in writing, we havent spoken since 2012.

Reading through this looks like he doesnt have a chance.

We cant even agree on the amount, dates and info as I didnt know till long after.
The loan was paid by cheque which never went into my account but my husbands business account.

Link to post
Share on other sites

Statutory Declaration or do you mean a Statutory Demand ?

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Apply to set it aside on basis that you have never had any financial relationship or agreement with the person making the demand. 

 

It is obviously just someone printing an SD from the internet hoping to frighten you.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • AndyOrch changed the title to Statutory Demand for Private family debt
  • 4 weeks later...

I wrote a letter and told him its all fake but his litigation friend insists they have proof

- a 3rd party witness, obviously someone my brother has told his lies too. 

 

They want an official reply to the Stat. Demand but I never had a penny off him. 

What do I do now as dont understand how to fill the SD form in?

I dont have a case number for the court as not been to court yet.

 

I said the claim is statue barred since its out of the 6 year term but they said it isnt.

The only thing he will get by making me bankrupt is court fees to pay I really dont need the stress as registered disabled myself.

 

Hes put on the SD that the loan was made in 2008 so its actually 11 years old.


I have not been sent any proof of anything and they are asking for my bank statements.

 

Link to post
Share on other sites

you don't fill in the SD

anyone can print that off from the internet as advised 

if they file it at court and pay the fee is another matter

 

did you send our statute barred letter

and you don't have to send anything let alone bank statements

 

they are trying fly a kite

let them blow all they like to try and get it up.

 

don't feed the trolls.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Do I just send the paragraph on Statue Barred Debt? Sorry if its simply but I am confused.

In principle, a debt cannot be enforced after 6 years from the date upon which it became due.
The 6 years runs from the 'Cause of Action' and the Terms and Conditions of the contract/agreement will have a bearing on this.
Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.
The relevant law is contained within the Limitation Act 1980.

Are the legal rules the same for so called private debts (no paperwork) as they are for official documents debts?

Thank you 

 

Link to post
Share on other sites

statute barred applies to any debt no matter how taken out

 

see our SB letter in the debt collection section of our library.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 months later...

I know this case will sound crazy but nothing in my life has ever been straightforward, the facts are true along with the nightmare I am having over it.

 

1) In 2010 my brother borrowed my husband £100,000 without paperwork to invest in his business.

2) I found out about the amount in 2011 when the business was not successful.

3) in 2012 all assets were frozen by CPS due to something my husband done and suddenly my brother said to me I had to pay it.

4) All assets remain frozen today.

5) In 2017 my brother found me and tried to kill me as he has not had his money back - its no joke I have the fear and scars for life.

6) In 2018 he was found "Not Guilty" by a jury and walked out of court

7) In 2018 I was rehoused by police to a new area for my safety.

😎 In 2019 September an old man turned up at my new front door and identified as "Litigation Friend" to my brother and issued me with a Statutory Declaration or Demand (cant remember name)  I filled it in and returned it and has since received several letters threatening court action.  I told him go ahead with court action as there is nothing left to take that the CPS havent.

I am regularly getting doorstep visits where he hammers my door down (using sticks and stones) almost weekly as he is demanding I give him the POCA order he has no rights on

9) I have made several complaints of harassment and living in fear of this man and the police are outright refusing to do anything and just told me today I am responsible for the debt!!!

This man is 70 years old and no official but police say hes acting as a debt collector.  How can they say I am responsible for my husbands debt?  Where is the statue of limitations as I thought debts were wiped of after 6 years?  

 

I have had to move house 3 times because of this and my teenage daughter lives in fear.  I am on benefits and all the police say is get a solicitor at £250-£300 an hour which I cant pay.

 

Can anyone give me some solid advice on what I can do now - I need to stop this man turning up at my door and frightening us to hell.  Really dont know how to cope much more when police are so ignorant of the law and give wrong advice. 

 

His letter today says he is returning with my brother on next visit and thats something that may be my last breath. 

There is suppose to be a marker on my phoneline but 999 calls take an hour for response or no response whatsoever. 

 

What can I do when I cant pay for legal advice? 

I have tried CAB and they dont do legal stuff anymore?   

 

All I want is to live in peace.

 

 

Link to post
Share on other sites

Sorry, can you clarify – point number one – your brother lent the money to your husband???

Link to post
Share on other sites

No. The debt doesn't default to you. If it was a loan which was made to your husband then the debt is his.

You're quite right that the debt should expire after six years – but that is from the date that payment was due. You say that there were no arrangements made in respect of it so it is difficult to say when the debt fell due – but the six years would run from that time.

What you say about the police ignoring you is very troubling. I think I would like them a letter of complaint and also say that you are suffering harassment. I think also I would write a letter to your MP and tell your MP that you are being harassed and that you are in fear of your life and that you have complained to the police and the police do nothing.

I would send a copy of the MPs letter to the police and I will send a copy of the police letter to the MP – so everyone knows that you are starting to make this very open.

Whereabouts in the country are you?

Also, I think for any future visits you should start recording – although you should probably do this secretly in order not to provoke any further violence or threats – but I think it's important that you start have evidence. Presumably you are not opening your door. If you are opening your door – then why?

The next visit you get if there is any hammering at your door you should phone 999. Record everything. video things if you can – meaning if it is safe to do so.

Get yourself a notebook and start keeping a diary of any visits or communications and try after the event to note down exactly what was said to who.

You may well need to go to court to get an injunction to protect yourself.

Link to post
Share on other sites

I suppose that we could say that the six years runs from the date that your rather ask for the return of the money in 2012 – and your husband failed to repay. If we use that date, then the debt is definitely statute barred – but that doesn't really help you if they are resorting to threats and violence.

Link to post
Share on other sites

You're quite right that the debt should expire after six years – but that is from the date that payment was due. You say that there were no arrangements made in respect of it so it is difficult to say when the debt fell due – but the six years would run from that time.

I had to call the police in 2013 and 2014 to help me escape my brother so the courts can have proof the debt was demanded of me in those dates by this "litigation friend" said that doesnt count, that the debt only was asked to be repaid in 2017 when I was severly attacked.

I am not too far from London as dont want to give location here.

 

 

The police operator can hear him bashing my door down on the telephone but still dont turn up.

Its happened again today and I am totally shaking from it as never recovered from 2017 attack.

 

I have shown the police the letter he left today handwritten to say he is returning with my brother.

 

How do I record in secret as have no experience of these things?  Please PM if its easier to say????

The police said I cant get an injunction as the man is chasing a debt!!  They dont know the fear we live in.

Link to post
Share on other sites

Well presumably you have a mobile phone so you can download an app onto it. Do you have an iPhone or an android phone?

Link to post
Share on other sites

Also, write the letters that I have suggested.

It's extremely important that you start producing a paper trail of attempted contacts with the police. You will then be able to demonstrate that they have been ignoring you. I point this out in your letters as well that one of the reasons you're putting in writing is because they have ignored you so often that you want the evidence that they are neglecting to deal with a serious problem of harassment

Link to post
Share on other sites

Thank you, I will contact the MP and make sure all police contact is logged.
I have an iphone 6

 

The police do not see any harassment as a so called debt collector can do anything in their eyes and as many visits as he likes can be made.

 

By the way the police havent given me any letters, they just record what they feel like in their computer system.

 

I was crying my eyes out there today and they just dont care we live in so much fear and just told me to pay it!!!!

 

Harassement cant be a police case if anyone owes money they have a right to do what they want - completely illegal but police only know arrest powers and nothing after that and wont listen to the law I quote or the printed papers from the CAB.

 

 

I have to say after my contact with the police its not surprising to see how women get killed by domestic situations as they just dont care even though I am registered disabled an under Mental Health services due to the previous attack in 2017. 

 

An hour or more to answer a 999 call would you believe it??? 

I went and visited the police station instead as that was quicker some 2 hours later.

 

And the things you do under stress and nerves - I left my mobile at home; cant believe I was so silly but you have to walk someones's shoes to know it.

Link to post
Share on other sites

I am under treatment but as I also have physical and mental disabilities this type of thing is not something they will treat as you are only allowed 12 sessions in total and they said I need to concentrate on putting myself at the top of the list instead of at the bottom.  I only have 2 sessions left then the NHS closes the books on me. 

Link to post
Share on other sites

old and new threads merged for history

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...