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mrscsmith

Statutory Demand for Private family debt

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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

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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.

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Statutory Declaration or do you mean a Statutory Demand ?

 

Andy


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Yes sorry just checked its a Statutory Demand.

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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.


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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.

 

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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 

 

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statute barred applies to any debt no matter how taken out

 

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

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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

 

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