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


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i have had demands on from 1st Credit and another from Moorcraft. I been to OFT website and find that no CCL is regitered so i have asked them for a certified copy and pointed out to them that it is a criminal offence to try to collect debt without a CCL

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Hi zamtaff and welcome to CAG.

 

You need to start your own thread on your situation so that you get the appropriate help and advice. If you don't know how to do this have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.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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  • 4 months later...

Hi all,

 

Have been looking on this site for 2 days now, i'm inspired by those who have made it through the SD process and extremely worried as I have been issued with an SD (2 days ago) delivered by courier from 1st Credit. ( I did not sign for it)

 

The SD is very formal looking, the creditor is Halifax, the debt is in excess 9k for a credit card. My intention is to get this set aside on the grounds that I am disputing the amount, although I have never requested or sent correspondence to creditors or DCA regarding this, nor have i made any payments to reduce the debt, so don't know if I will be able to apply for CCA at this late stage.

 

I am a home owner and do not want this to go all the way to BP.

 

Any and all advice will be grately welcomed. Please help:confused:

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Hi and welcome to CAG skylite246.

 

You need to start your own thread to get the appropriate help and advice with this. If you don't know how to start your own thread have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.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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  • 1 month later...

Hi all, I am new here and found the group by searching the net for info on Statutory Demands.

 

I have been contacted on numerous occasions by a company called "capquest". They say that I owe them £12,700 from a debt I owed egg banking. The debt was over 8 years ago and on my credit file it show's as "setled".

 

The company are now threatening me with a "statutory Demand" for the debt. I thought the debt was too old to recover so can the company do this? Does anyone think they are serious? Can anyone give me any advice?

 

They haven't actually served me yet but is there an actual time limit on debt?

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dive you have posted in the wrong place my friend, this is the WON section (hope it wont be too long tho eh)..u may be better off going into the main page and posting your own thread in legal or debt sections...if u look in the post above yours by rory there is a link as to how to do all this...cheers r&b

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Hi all, I am new here and found the group by searching the net for info on Statutory Demands.

 

I have been contacted on numerous occasions by a company called "capquest". They say that I owe them £12,700 from a debt I owed egg banking. The debt was over 8 years ago and on my credit file it show's as "setled".

 

The company are now threatening me with a "statutory Demand" for the debt. I thought the debt was too old to recover so can the company do this? Does anyone think they are serious? Can anyone give me any advice?

 

They haven't actually served me yet but is there an actual time limit on debt?

 

then the debt is statute barred & the court nor the OFT will be very happy with capquest for using the threat of banktruptcy to try & recover an out of time debt

 

However you can't just leave it otherwise they may get a petition by default............. So in order to ensure that doesn't happen you must within 18 days make an application to have the SD canceled by the court Also don't forget to apply for wasted costs which I'm sure the court will be only to happy to grant in order to 1st punish capquest & 2nd to stop them abusing the process

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  • 2 months later...

Has anyone had dealings with a company call Arrow Global Limited located in Manchester?

I received an SD from Arrow Global on the 25th June 2009; the SD was signed and dated 29th May 2009. This was discovered when I returned from work, it had my name on the envelope and noting else.

I have responded using the templates on this site quoting the Limitations Act 1980. I have also asked them to provide evidence of payment or written acknowledgement (section 5 of the Limitation Act) of the debit. To date I have had no response from this company.

On the evidence above I have completed form 6.4 and 6.5 (application to set aside a statutory demand).

Can someone tell me if I’m following the correct protocol?

Can you also explain Part ‘C’ of the SD in particular (date(s) of Assignment).

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  • 3 weeks later...

when the court awards me the ccj im making against a company for non payment of fees, can i then make a stat demand against the company?

 

I understand she is claiming insolvency with no assests, so im wondering which course of action would be the cheapest, ie making an enforcement order or a stat demand?

i am UK based

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  • 3 months later...

Hi

 

New here! Not sure if I should start another thread? But I have had a number of letters chasing a debt of close to £9k (though they keep making offers of say £5k if paid in installments).

 

I think this is perhaps a debt from 2002 (the original loan was for £5k in 2001).

 

It is the holding bank via debt company that are chasing. Now they are threatening a SD after 12/11 if no response from me.

 

I understand this is not a detailed claim plus now Statute Barred?

 

Should I just ignore it? SD via 2nd post only.

 

I have not made any kind of contact with them.

 

Any advice would be most welcome!

 

Thank you for any help/advice

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No if they DO send you a SD you MUST not ignore it otherwise after 21 days they'll petition the court for your bankruptcy. You will defend it on the grounds that its an abuse of process in that the debt IS statute barred You will also tell them you will seek costs

 

Your right not to contact them as they'll claim your contact was an admission to pay the debt

 

If send you a SD then you have 18 days to respond not 21 days as some mistakenly think

 

Lat but not least the courts don't like them using SD's as a means of collection consumer debt & they certainly don't like them trying to recover time barred debt

 

Can you name the DCA as some have been warned by the OFT not to use this method ......... unless they are prepared to proceed with the threat

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No if they DO send you a SD you MUST not ignore it otherwise after 21 days they'll petition the court for your bankruptcy. You will defend it on the grounds that its an abuse of process in that the debt IS statute barred You will also tell them you will seek costs

 

Your right not to contact them as they'll claim your contact was an admission to pay the debt

 

If send you a SD then you have 18 days to respond not 21 days as some mistakenly think

 

Lat but not least the courts don't like them using SD's as a means of collection consumer debt & they certainly don't like them trying to recover time barred debt

 

Can you name the DCA as some have been warned by the OFT not to use this method ......... unless they are prepared to proceed with the threat

 

Hi JonCris,

Thanks for the quick reply, they are capQuest.

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when you say one of the worst - in what way may I ask?

 

Are they all 'noise and threat'

 

"I'm afraid" sounds scary!!

 

PUckane, you will need to start your own thread . You might want to have a read of here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

 

HTH

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Thank you citizenB,

 

Great links and information - Sorry one last word, I shall await to see their next move or send a CCA letter?

 

I will begin a new thread - when that happens!!

Edited by puckane
Forgot to ask
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Send the statute barred letter to them by recorded delivery ASAP....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 2 weeks later...
Send the statute barred letter to them by recorded delivery ASAP....

 

Hi 42man

 

Did as you say, received a letter back saying their client says I made a payment of £25 in 2005 and therefore not statute barred.

 

I have not made any payments, presume I ask for proof/details?

 

I would start a new thread as requested, but perhaps being stupid I can not find any 'New thread' buttons? I have been all over site and FAQs

 

Thanks for any help

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Write back (special delivery) telling them you didn't make a payment & even if you did the debt is still time barred. Tell them you will defend any claim by them AND seek indemnity costs because of their clients abuse of process

 

State that whilst you dont accuse their clients its come to your attention that some claimants are alleged to have created payments in order to claim a debt has been admitted by the debtor. Therefore this is something you will investigate should they continue with their action

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Hi 42man

 

Did as you say, received a letter back saying their client says I made a payment of £25 in 2005 and therefore not statute barred.

 

I have not made any payments, presume I ask for proof/details?

 

I would start a new thread as requested, but perhaps being stupid I can not find any 'New thread' buttons? I have been all over site and FAQs

 

Thanks for any help

 

Puckane, the forums are a bit scary at first. You will soon find your way round.

 

You need to be in this forum, click on link below.

 

Legal Issues - The Consumer Forums

 

scroll down to the very bottom of the page that link takes you to and you will see

 

newthread.gif

 

Click on that button and hey presto.. give yourself a title and post away.

 

:D

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 year later...
If it arrived 2nd class post and she has acknowledged it.... then it's as good as served. However, if they have not complied with her request for a CCA, then the debt remains in dispute. Non-compliance of a CCA request is a complete defence in any court claim that is issued against her.

Remember the mantra : :)

NEVER communicate by 'phone.

Send EVERYTHING by Recorded/Special Delivery

Keep a copy of EVERYTHING sent

Keep hold of EVERYTHING received

Never ask for statements, specifically request a list of transactions

If you do ask for statements you may be charged £10 a time, and over six years that’s £720, yet asking for a list of charges should be fine.

40 Days to comply or seek remedy fronm the information comissioner!!

Don't have it

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  • 2 months later...

If anyone has been on the receiving end of a Capquest SD please see here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 10 months later...

Hi I noticed in the above posts that the amount has to be £750 or more for a SD. My alleged debt is £730.00 so what actions can the DCA do? Also I informed them in an e-mail that I did not acknowledge the debt and "I now considered this alleged debt to be in dispute" I also, same day, sent off a CCA request. Phone call from DCA threatening to take me to court. So does my e-mail precede any action they take?

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They certainly can't issue a stat demand (although on some occasions do, and are seriously rebuffed by a judge, as it is an abuse of process). They may attempt a court claim however...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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