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DCAs who send out Statutory Demands purely as a punitive measure / scare tactic


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I was under the impression that there is a service fee of £150 to the court, in addition to any payment to a process server.

 

A debt collector I use from time to time has a trick of filling in a stat demand form and sending it to the debtor by post. It's not a "proper" stat demand, but they it's often enough to scare the debtor into paying, as they know we're annoyed enough to move to the next step (in my case a winding up petition as it's companies I deal with).

 

Could be that the DCAs are trying a similar trick on consumers?

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  • 3 months later...

I have a had a letter from DG solicitors threatening a charging order when i don't own any assets!, enforcing the account when they continue to remain in default from my CCA request all i got back from this request is application form for the HSBC credit card

 

where do these people get off?? :mad:

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A debt collector I use from time to time has a trick of filling in a stat demand form and sending it to the debtor by post. It's not a "proper" stat demand, but they it's often enough to scare the debtor into paying

 

Is this legal as a Stat Demand is an official court document so how can they 'make one up'?

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  • 3 months later...

Hi there,

 

I have received a statutory demand from a company called 'Red' but on the statutory demand it states the company as Lowell Portfolio.

 

They have apparently taken the debt over from Capital One in Feb of this year. This is the first notice I have received. The debt relates to one from 2002/2003 when I became seriously ill & had alot of problems. I managed to regain my health and have got my life back on track in the last 2 yrs but haven't had any communication with Capital One for a good few years so never entered into any payment agreement.

 

I'm wondering if I should ignore this statutory demand notice after reading some of the forum comments about scaremongering. Any advice on how to deal with this would be greatly appreciated.

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Hi there,

 

I have received a statutory demand from a company called 'Red' but on the statutory demand it states the company as Lowell Portfolio.

 

They have apparently taken the debt over from Capital One in Feb of this year. This is the first notice I have received. The debt relates to one from 2002/2003 when I became seriously ill & had alot of problems. I managed to regain my health and have got my life back on track in the last 2 yrs but haven't had any communication with Capital One for a good few years so never entered into any payment agreement.

 

I'm wondering if I should ignore this statutory demand notice after reading some of the forum comments about scaremongering. Any advice on how to deal with this would be greatly appreciated.

 

Dont ignore it start your own thread, others will come on to help you.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I received a SD from crapquest in July for an old cc I had with cap 1.

 

I disputed the debt , sent cca and sar requests to both (no deed on assignment - no statements - no list of charges - no cc agreement etc etc) - told both they had been non compliant etc.

 

set aside hearing was this week and judge set it aside and awarded me £25 costs - he wasn't really interested in listening to anything I had to say about caquest using sd's as a debt collecting tool despite them not bothering their arses to turn up and to stop sending me threatening letters to take me to court!

 

Not sure of my next step and not sure if capquest will continue with their action.

 

if you want any other details, email me or search my user name to find my threads (sorry new to this and don't know how to link it direct)

 

suzie

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1st Credit have recently sent me a statutory demand, despite the account being in dispute, they seem to have ignored the fact that nobody has sent me a copy of the CCA agreement.

 

REcently taken affidavit etc to local county court for a set aside.

 

I think its outrageous that these idiots are allowed to get away with doing this sort of thing, however doubt anything we try to do will stop them for acting in this very underhand way.

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  • 8 months later...

Hi All,

First post and first night in here so you may need to bear with me :)

I received an SD from Conaughts a few years back, reacted in the obvious surprised and needing to sort it out quickly way by phoning the t055ers and arranging payments (which they pushed to more than i could reasonably afford whilst on the phone using real hardcore tactics - which i wasnt prepared for...). I was pretty surprised that they had gone down this route because i owed other people a lot more at the time - and they hadnt....

It took me weeks of going over it all and re-reading their demand - for me to realise it was just a photocopy of the SD application to the court form, filled in with my details.... They hadnt actually done anything...

I cancelled the direct debit and never replied to them again - that was the end of em...

Best of luck - these scare tactics are designed to get a response and usually do....

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Oh yes - absolutely top site - fantastic advice.

I have had to work through a world of financial pain of the last few years using just my wit - wish I had found this a long time ago :)

Fortunatley the worst is over now and its just a few oddball ones that are left over I need to kick ;)

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Sorry!

 

It just struck me as a strange, but interesting tactic immediately!

 

It could prove useful to other members.

 

 

Regards, Jeff.

 

if an Sd is sent through ordinary post and not signed for it is EXTREEMLEY unlikely that a court will accept a bankruptcy petition if the debtor has not acknowledged

 

there are stringent "tests " to ensure that the creditor has taken all reasonable steps including calling at the house and leaving a note through the door to contact them and even contacting the debtors workplace if known

 

a personal service cannot be made by the creditor (and must be served by a recognised process server who must swear an affidavit)

 

the upshot of all this is that you would be WELL ADVISED if receiving a letter by normal post NOT TO ACKNOWLEDGE it in any way (although of course there would be nothing stopping you from making a purely co incidental cca s77/79 request)

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I have just completed my affadavit in relation to a SD (first class post) from Capquest.

 

I am going to take it to the Court tomorrow, but it is interesting to hear some on here recommend that you do not acknowledge service of a SD that is not served correctly.

 

Is the incorrect method of delivery a defence in itself? Or are you taking a (slight) risk by going for a set aside and therefore acknowledging service?

 

Also, how long have you got to set aside after first class delivery?

 

yeats

 

ps-I'm not hijacking as this is relevant to scare tactics of DCA and is the biggest dillema after receiving a SD as a scare tactic.

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I have just completed my affadavit in relation to a SD (first class post) from Capquest.

 

I am going to take it to the Court tomorrow, but it is interesting to hear some on here recommend that you do not acknowledge service of a SD that is not served correctly.

 

Is the incorrect method of delivery a defence in itself? Or are you taking a (slight) risk by going for a set aside and therefore acknowledging service?

 

Also, how long have you got to set aside after first class delivery?

 

yeats

 

ps-I'm not hijacking as this is relevant to scare tactics of DCA and is the biggest dillema after receiving a SD as a scare tactic.

 

look up surfaceagentx20 and then search is threads and you will find an exhaustive post on this subject (he is legally qualified)

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Thanks for that diddydick!

 

I feel that the SD I have received (first class post) is only a scare tactic after reading surfaceagent's post.

 

However, am I prepared to sweat it out?

 

The OC has no valid CCA (App. form without prescribed terms) and has not served the SD properly. I have done a SAR (still waiting) and the NOA was not served properly either (I have just read that it has to be registered post or served by hand, but they NEVER are).

 

So, do I stick or twist?

 

The scare tactic may not have worked for them, but it has put uncertainty in my mind.

 

yeats

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Thanks for that diddydick!

 

I feel that the SD I have received (first class post) is only a scare tactic after reading surfaceagent's post.

 

However, am I prepared to sweat it out?

 

The OC has no valid CCA (App. form without prescribed terms) and has not served the SD properly. I have done a SAR (still waiting) and the NOA was not served properly either (I have just read that it has to be registered post or served by hand, but they NEVER are).

 

So, do I stick or twist?

 

The scare tactic may not have worked for them, but it has put uncertainty in my mind.

 

yeats

 

yes its a judgement call but at the end of the day but i personally agree with SAx20- if they serve by post then they have to show the court that they have exhausted all other means of service and thats a mighty burden

 

 

if you ignored it the next letter you would get from the court would be notice of the bankruptcy hearing and then you would immediately pop and say

 

whats all this B****ocks about bankruptcy- first i've heard of it

 

these companies would be out of pocket in the region of around 6-700 quid just to serve the SD

 

if they were serious do you really believe they would squander that dosh and not use a process server?

 

time to put you clint hat on

 

i know what your thinking punk, was that five shots or six, this is the most powerful gun in the world...... go on make my day

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Funny, I was thinking of that quote when I posted, but could not remember it exactly.

 

There is no way they could prove any other efforts of service, because they have not done so.

 

My only worry is that I do not receive notice of any hearing (amazing that does not have to be signed for!) and we do have a notoriously bad postal service around here. However, I realise that it should not get that far from reading surfaceagents thread.

 

yeats

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