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Getting AIC Statutory Demand Set Aside**WON IN COURT**


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The judge has ordered that:

 

(1) The parties are to file and serve at least 5 working days before the directions hearing:

(a) Draft proposed directions, agreed if possible

(b) Summary in not more than 250 words of the party's position with particular reference to the time estimate for final hearing

 

TomTerm8 - sorry about this but I'm confused.

 

Are we supposed to submit items (a) and (b) directly to the court??

 

i take it (b) is just a summary of what we are wanting ie a set aside, and therefore along the lines of the original application?

 

i take it (a) is meant to be like a draft order that we would want the court to send out. is my understanding correct??

 

I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues. My request under s78 of the Consumer Credit Act 1974 was sent to Allied International Credit (UK) Limited, the debt collection agency who claims to be dealing with the alleged agreement and have raised the statutory demand. This request was received and signed for on the xx xxxx 2007.

 

Further, I believe that the amount of £xxxx.xx referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Allied International Credit (UK) Limited have not provided further information regarding the charges they have added to the account despite my requests by telephone, and still have not provided a statement of account (as requested under s78 CCA 1974).

 

So your earlier post of 14th June 11:48 is the summary for (b)?

 

I do not understand all of the points in the directions you posted:

> There is an item beginning 'in respect...' in between e and f, is that also meant to be bulletpointed ie point f??

> The directions seem heavily skewed toward the claiming of bank charges, does this matter or should it be submitted as is?

> It states that if the applicant fails to comply with the order, the application will still be granted - is this correct?

> Do I need to shrink the directions as the judge has allocated just half an hour for the hearing??

 

I had until now just assumed the judge would set aside the statutory demand on the day of the hearing?

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b is the content of post 21 ;

 

> There is an item beginning 'in respect...' in between e and f, is that also meant to be bulletpointed ie point f??

 

no, if is supposed to include points f- j , so it shouldn't be included in the list.

 

> The directions seem heavily skewed toward the claiming of bank charges, does this matter or should it be submitted as is?

 

The reason the directions are heavily skewed towards the claiming of banks charges are that your main arguments are:

(a) they haven't provided a notice or document of assingment(no proof they own the debt)

(b) they haven't provided a consumer credit agreement (no proof the debt is enforceable)

© they haven't proved that the amount of the debt is stated;

(d) there have been illegal charges placed on the debt, comprising a substantial amount of the debt, and so the statutory demand is for a disputed debt.

 

since (a) and (b) are quite quickly disposed of, they are done in a single line of the directions. © is disposed of by requesting statements of account for the entire duration of the account; (d) therefore comprises the majority of the directions even though that is the last important point of the argument.

 

Since the information required dor point d, is the same as a-c, you do tend to end up with a draft order very like a bank reclaim case. Hopefully, though, the court will just set aside the stat demand anyway. (frankly, I believe if you provide the draft directions, it is highly unlikely they turn up - in the main, the point of providing them is to ensure that your application isn't denied on a technicality).

 

 

 

> Do I need to shrink the directions as the judge has allocated just half an hour for the hearing??

 

No. the pain points of the hearing are in 21; the directions are asking for proof & further information. It really shouldn't take more than a few minutes to explain them, in line with what i've said above.

 

> It states that if the applicant fails to comply with the order, the application will still be granted - is this correct?

 

oops. edited. Nice try, tom:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi all

 

I have not received a statutory demand but a notice that one will be delivered in a weeks time. This was delivered by hand and a copy of the same notice delivered by first class post.

 

Strange thing is it doesn't say for how much or who its from??

 

I have no knowledge of any impending court action, nor have I ever had a CCJ or anything.

 

I have alot of creditors whom I have asked for copies of CCA's. Some have replied with application forms and one has supplied a proper agreement.

 

Is this a new tactic by creditors just to go straight for bankrupting people instead of going through the court process??

 

Also how easy is it to bankrupt someone for credit card debt without trying to come to an arrangement before using the courts process.

 

Ps I have read around the forums but have not managed to come up with anyone who has been in this situation.

 

Any advice on my next move would be appreciated.:???:

 

Regards

 

Santos

Springfield

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Is this a new tactic by creditors just to go straight for bankrupting people instead of going through the court process??

 

It seems to be relatively new e.g. the last year or so.

 

Also how easy is it to bankrupt someone for credit card debt without trying to come to an arrangement before using the courts process.

Not terribly easy unless you don't defend it.

 

Remember SD's are not necessarily used to make you bankrupt but often to frighten people into paying.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If a creditor has gone straight for Bankrupty before trying to sort a repayment plan would the Court feel strongly on your behalf

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If a creditor has gone straight for Bankrupty before trying to sort a repayment plan would the Court feel strongly on your behalf

Have a look at this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112326-dect-collection-agencies-statutory.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

IT IS ORDERED THAT:

 

1) The applicant attending but no attendance by the Respondent

 

2) The Statutory Demand be set aside

 

3) The costs of today be assessed at £50.00 and payable by the Respondent to the Applicant by the xxth xxx 2007.

 

 

Thank you all for your help, especially Tomterm who provided draft documents etc. Now to wait for the money to arrive!!

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IT IS ORDERED THAT:

 

1) The applicant attending but no attendance by the Respondent

 

2) The Statutory Demand be set aside

 

3) The costs of today be assessed at £50.00 and payable by the Respondent to the Applicant by the xxth xxx 2007.

 

 

Thank you all for your help, especially Tomterm who provided draft documents etc. Now to wait for the money to arrive!!

 

Congratulations!!! I think it shows these SD's are just a scare tactic - I really don't see how it's possible to bankrupt someone over a non-CCJ'd debt, unless they ignore a properly served SD.

"Why CCJ when you can CCA!"

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IT IS ORDERED THAT:

 

1) The applicant attending but no attendance by the Respondent

 

2) The Statutory Demand be set aside

 

3) The costs of today be assessed at £50.00 and payable by the Respondent to the Applicant by the xxth xxx 2007.

 

 

Thank you all for your help, especially Tomterm who provided draft documents etc. Now to wait for the money to arrive!!

 

 

Good news:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thats really good news,

 

I have to have my set aside in on monday and will base some of it on yours and Toms postings.

 

Mine is a similar situation to yours,

see hear > http://www.consumeractiongroup.co.uk/forum/general-debt/113335-urgent-advice-needed-statutory.html

 

properly served etc and its had me in a right panic but I am starting to get there ( I think:confused: ) and hope to have a result like yours, fingers crossed, touch wood etc.

 

Well done and a big hats off to the kind people who helped you.

 

Kind Regards

 

Santos

Springfield

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Thanks guys.

 

Relieved and it was a good experience to see how the whole process works. To be honest, I wasn't expecting the other side to turn up and so I felt reasonably confident that we would win.

 

If anyone reading has to go through this, make sure you ask for costs at the hearing! We wouldn't have got anything if we hadn't asked.

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  • 5 months later...

Hi all,

I've just read this thread from front to back and found it quite inspiring, not to mention nerve settling!

 

Congratulations user56565! I am going through the same process at the moment against 1st Credit with the help of tomterm and some other helpful members(link below if anyone interested) i was just wondering how santos L helper got on with your SD? i also wanted to know what is the result if the SD is set aside? is the debt squashed or is it just that SD and the whole palaver starts again?:rolleyes:

 

Regards

 

Lapos

http://www.consumeractiongroup.co.uk/forum/legal-issues/133153-statutory-demand-credit-card.html

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  • 1 month later...
  • 1 month later...
  • 2 weeks later...

Does anyone know how long a SD lasts. I have a feeling that I read somewhere that a BP must be issued within 12 weeks or a new SD must be served, but I cannot find this in the CPR. Thanks.

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Hi Nuccia and welcome to CAG.

Under Rule 6.12(7) Insolvency Rules 1986 they have 4 months from Service to present the BP. If they wish to present the petition after this time they would need to supply an affidavit to the court explaining why there has been a delay.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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