Statutory Demand for Private family debt

[mrscsmith]

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

[dx100uk]

 

[mrscsmith]

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.

[AndyOrch]

Statutory Declaration or do you mean a Statutory Demand ?

 

Andy

[mrscsmith]

Yes sorry just checked its a Statutory Demand.

[unclebulgaria67]

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.

[mrscsmith]

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.

 

[dx100uk]

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

 

 

 

[mrscsmith]

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 

 

[dx100uk]

statute barred applies to any debt no matter how taken out

 

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

 

[mrscsmith]

@dx100uk Thank you that is really helpful, will be posting to them tomorrow.

 

[mrscsmith]

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.

 

 

[BankFodder]

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

[mrscsmith]

Yes thats totally true and my husband signed a letter to say its his debt. 
Others are saying as we are married then the debt defaults to me!!

[BankFodder]

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.

[BankFodder]

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.

[mrscsmith]

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.

[BankFodder]

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

[BankFodder]

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

[mrscsmith]

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.

[honeybee13]

Hi.

 

Are you being treated currently by a mental health professional who could back you up?

 

HB

[mrscsmith]

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. 

[dx100uk]

old and new threads merged for history

 

dx