Hi, I would welcome some advice here please and I hope I have posted this to the most appropriate section. Many years ago I bought two fairly large LED TYs which were around £650 and £750. One was a Sony, used constantly and totally problem free and used constantly. The other, an LG, used less than 50 times (because it’s in a little used room) stopped working a while ago when it wouldn’t turn on. I was eventually gopg to get Currys to fix it through their collect and deliver service, but was remineded last week by Gloria Hunniford on her consumer programme on the six year statutory warranty on goods expected to last that period. I did think it was well over 6 years, but checking this actually expires next month, so I emailed the seller I bought it online from and they predictably answered: DEAR CUSTOMER, Further to your email the TV set is out of warranty , however we can get a trade cost repair , you can bring the TV at our shop Monday-Friday 09.00-17.30pm So I reminded them of the law and they replied: Dear MRS SARA55, Further to your email, we are sorry to hear you are having problems with your TV, I can confirm we will follow all the legal obligations as per our terms and conditions. We are sorry to hear that your goods have developed a fault. Please note that you purchased the good on the 08/12/2009 and at the time you would have been offered to take out a protection plan, our records show that this was not taken out. Your 12 month warranty has expired and the good are now out of guarantee. Please note that for you to raise any claim under the sales of good act 1979 ( as amended ) you the end user has the burden of proof to prove that the goods were faulty from day one , furthermore this act does not entitle you to a free of charge repair, however so that we can assist you further please return the goods back to our Xxxxxxx branch and we will provide the following. 1/ Free of charge estimate which would normally cost £59.00. 2/ Repair of the faulty goods at Trade cost to you the end user. Please advise by return so that we can assist you in this matter. Please note that this offer will not affect your Statuary consumer rights . I replied that I would seek advice and get back, but explained it was two hours each way to their showroom and how long they take to check it hoping they would say an hour or two, but they responded. Dear SARA55, Further to your email, once you bring the TV in the store, we would send to a repair centre I cannot say how long , but we can let you know once we get repair estimate. So I am wondering if “the burden of proof to prove that the goods were faulty from day one” how much use this is? Also difficult to carry a 40” tv, but at least its not a fridge/freezer, but will they be creative in defining a “trade” price repair? Thanks, Sara

I'm wondering if you could possibly offer me any advice, like you have kindly given to many before me. The Task Enforcement came this morning at 7am to tell me that my car had been clamped, and that I could un-clamp it by paying a fee of £535 It all started on 22.07.2015 when I was contacted by my old landlady. She told me I was being chased by Bailiff's for unpaid Congestion Charge Penalty Notice. I realized that DVLA must still have my old address, so I immediately sent off my driving license, and also called the Congestion people. They said that I now owed about £270 from entering the congestion area on 26.02.2015! But was too late to pay them. They kindly advised me this happens all the time and not to worry. There was another procedure. They put me in touch with the TEC. It was all very friendly. Having looked in my diary, 26.02.2015 I was on a job on Curtain road and retracing my steps on Googlemaps, I had turned around just inside the congestion zone without realizing at the time The TEC then sent me the PE3 & PE2 Statutory Declaration application forms, which I completed and had signed by a local solicitor (£10 charge) The TEC then sent me a letter on 04.08.15 to say that my APPLICATION WAS REFUSED without a hearing. There were options to apply for a review but they both had extra costs. I presumed I would have to bite the bullet and pay the full amount, and have been waiting for a final bill. Then the first correspondense from the Bailifs came this morning with a clamp. Aparently they are called Task Enforcement and I had to pay them £535 so that I could take my kids to school and drive to work I must add that the bailiffs were actually nice guys, and it saddened them that there was nothing they could do. They said they would wait in the van for five minutes whilst I had a think Is there any way of getting some of the money back now that I have paid it in full? Breakdown of payment below debt £202 Compliance stage fee £75 Enforcement stage fee £235 Thanks and best wishes Joe

Hi, Can anybody advise on the time limits imposed by the courts relating to statutory demand. I have read somewhere it might be 4 months and then it laspes, but can someone direct me to CPR rules or insolvency rules covering the actual period and the rules that apply. Thanks Stevie.

I'll try to keep this simple and to the point. A stat demand was served and a hearing set to have the application to set aside heard. I withdrew the application to set aside on the grounds that a settlement was reached. Fast forward and payments on the settlement agreement have stopped on my end as the deliverable from the petitioners can physically be no longer provided. Namely they are no longer authorised to sell stock as specified in the settlement agreement and the forms for transfer have been returned by the company. I don't see in which world it would be just for me to pay for something that I'm not going to receive. They have issued a bankruptcy petition for the breach of the settlement agreement and I have until Tuesday to file a 6.19. Does this form need to be accompanied by a witness statement and hand delivered to the court or can I fax/email? Is the 6.19 even the right thing to do here? Thanks in advance.

Hi all, Need some advice please. During my divorce I used a solicitor to assist me as it was quite a messy affair. The Partner of the company who I had dealt with many times before, understood my financial situation and was good with me settling my account once the case was completed and we could work out a payment arrangement. Long story short, he left mid proceedings, the new partner demanded payment + retainer. and refused to carry on with the case. I refused to pay and also wasnt in a position to pay at that time. I got a CCJ for my trouble £2453. I did not contest at this time. (the final amount made up of sols fees and court fees)(date 4/4/12) I am now in a position to pay this but havent as yet. Saturday evening some burly chap knocks on my door and hands me a statutory demand under section 268(1) of the insolvency act. Debt for liquidated sum payable immediately for the sum of £1670.26 For the same debt as above... (the one I got the CCJ for) Letter dated and signed 31/07/15 Served on me 08/08/15 Particulars The debtor instructed the creditor to represent him in a matrimonial matter at the conclusion of the matter the debtor was invoiced on the 18th February 2011. The debtor has failed to discharge the creditors professional fees. The creditor used a tracing agent to locate the debtor which cost £150. The creditor therefore claims the sum of £1121.00 in respect of professional fees together with interest in the sum of £399.26 and the tracing fee of £150.00 This totals 1670.26. So my first thoughts, why doesnt the amount tally £2453 vs £1670.26 they are wildly different. Should I send a prove it letter? Should I call up to say, I already have a CCJ for £2453 and clear it? (didn't think I could get taken to court for the same debt???) or challenge the first CCJ and try to get it set aside and defend this claim? (given the difference in costs) Some guidance would be appreciated, I just want to make sure that if I do pay this that the CCJ is paid in full. After all I am trying to start over and get myself a debt free life.... Thanks in advance Mike

Trying to get Experian to update my new address is like pulling teeth, even by phone. They always default to get you to sign that dam Credit Expert subscription at £15.00 a month. After threatening them with everything from CPUTR 2008, Data Protection Act 1998 etc due to their inertia in a simple request such as updating my new address as the previous info that have is inaccurate, I get this out of them for which you can then change your address details. You can order a Statutory Report for £2.00 and view it on line anything up to 5 days time via Email from original application. Just use this Web Address: http://www.experian.co.uk/consumer/statutory-report.html?intcmp=call_centre_statutory_report#orderReport

Please help.. [with ref to a thread of multiple debts here - http://www.consumeractiongroup.co.uk/forum/showthread.php?256212-Credit-Card-defaults-since-2005-now-got-SD!!&p=3412047#post3412047 ..been quiet for a long time and then out of the blue today a hand delivered letter a Statutory Demand.. ..it was taken to my daughters house.. ..apparently they have been sending letters there every week as she has the same initals as me. ...she has just ben binning them thinking they were junk mail but today the guy knocked their door and my son in law didn't know who the guy was but told him my address so he came here and hand delivered me a SD which gives 18 days to reply ....on looking at the date ...the date on letter is 12 Aug so that gives me till TOMORROW....what do I do?

Good afternoon, I went down town today and when I got home there was an hand written letter on the mat no stamp so the person must have turn up at the house. When I opened the letter it was Statutory demand for a debt owning. The debt was from last August when my girlfriend of 36 years passed away sudden we had live together in the same house for 32 years lucky it was in both our names so after I had the mortgage changed to just my name. the debt is for her funeral costs of £2,851.55 plus other costs interest, debt recovery costs and recoverable commission bring it up to £3,734.97. some background Since OH died last August its been a really hard year for me it was just always just me and the OH I got not money when OH passed away not even from the government even though we were together for all those year we were no man and wife my biggest regret. I was signed off by the doctor with depression since then and I have been trying to deal with all on my own the only people I have spoken to in the last 10 months in the real world is my doctor and last week the lady at the job center the first time they had seen me in 10 months and she said I wasn't ready to go back to work yet. Since OH died the only money I have is the £138 a fortnight I get and I have to pay all the bills with that. I haven't got a clue what to do about this just rounds off a great year. Sorry if I went on a little bit but wondering if someone can give me some advice. thanks Dave

Hi I have been chased for a while for a debt for 2 barclaycard debts. A few days ago a chap knocked on my door and handed me a statutory demand. I have sent off a CCA request by recorded delivery and am awaiting a response. Would it be advisable to apply for it to be set aside if the CCA request is not received by the time the demands 18th day has passed? BW Legal has assured me it wont go any further until the CCA request has been processed, I do not have this in writing but have been told it on the phone. I have tried to read up as much as I can but there is so much info on the site im now confused ! Thanks in advance. Derek

Hi everybody i was wondering if anybody could help i have debt problems which are solely my own and live with my partner my partner is extremely worried about her possessions been taken and wants to do a statutory declaration to state what she owns. She has receipts and credit card bills as proof for many items but a couple of things she does not as they were birthday and Christmas gifts would putting these items in a statutory declaration cover her for this?. Also does anybody know any good Statutory declaration templates for proof of ownership?

I took out a Halifax credit card online pre 2007. It was £3 in credit in Nov 2007. In dec 2007 they sent me a new card attached to a credit card agreement unsigned by myself or them. What I did not realise then was that they had transfered the acc to a new acc along with the £3 credit. This has come to my attention as I was going to send them a CCA request in regard to my pre 2007 CCA. Has anyone any ideas as to what I should do ?

Hi everyone. I wonder if I can get some advice, as I do believe my statutory rights are being violated, but am not a lawyer. I purchased some hair extensions on Very.co.uk and it stated the following message on the product page: Non returnable under our Approval Guarantee, once installed or connected. I received the product in a brown postage box and the extensions were inside within a sealed plastic bag. I could see that the hair was not the colour I wanted, so I returned them in their sealed packaging with the seal intact. They were not installed or connected, so should have been returnable according to the sites description A few days later, they were returned to me with a charge claiming they were not returnable because the seal had been broken. I double checked the product and the seal on the bag is still intact, so I wrote to them for clarification with photos. The lady I have been in communication with is very vague and simply said: "I am advising that the seal on the box cannot be removed due to health and hygiene reasons . There is a see through strip on the box so that the item can be viewed from there ." The only box that exists is the outer postage box, and there were no holes or otherwise on this. it seems that I was not allowed to open the outer brown box that the product was sent in, but this is silly as I couldn't verify the contents without opening that box. Nor were there any markings to suggest that the return would be void if this was opened. What are my rights here? As I said before, the plastic bag around the hair is still sealed, and the hair is within another plastic wrap and cardboard backing within that one. The only broken seal is on the postage box itself. I'd appreciate any assistance. Thanks

Hi all My former tenant is not paying unpaid rent. I have a CCJ for the amount due + costs and interest but he's decided to ignore all that by the looks of things. I've downloaded Form 6.2 (Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgement or Order of the Court) and was wondering if someone could assist with completing the section on particulars of debt. I'd like to get it right first time as I believe there are consequences for inaccurate demands. If the wording needs to be quite technical then I'll see my solicitor, but I had hoped to have a bash myself if it's easy enough. Thanks!

Hi All Can someone please advise me on how I can calculate costs on defending a Statutory Demand, the defence has been carried out totally by myself. Also can I claim compensation. I was issued with a SD although both the solicitor for the other side and his clients were fully aware that I have been in dispute with them for 12 months. Following my application to Set Aside I have now received notification that the opposition have withdrawn the SD and that I should contact the court and have the hearing removed. In fact their solicitor has written to the court telling them the hearing should be removed. Although I am pleased that the SD has been withdrawn I was happy to go to court against my landlord as I feel the issue of SD's with full knowledge of dispute can only be viewed as abuse of the legal system and bullying. I have informed the court I wish the hearing to go ahead as I will be seeking costs for the time I have spent preparing everything for my defence. Following receipt of the SD I ended up being taken to hospital by ambulance and was diagnosed as having an angina attack, following 8 days in hospital I then had the stress of getting all the evidence together and deliver the application for set aside to the court in time. Thanks in anticipation Paul

I've been reading with great interest all morning, having had my first call from Cabot today - I missed it, but would have ignored it anyway. Just in the past week or so I received a letter from them re: a CITI card debt, which claimed that I had been informed previously of a transfer of the CITI card to someone else (cannot remember who - don't have the details to hand)... been reading all the info on the ongoing stuff with Cabot here, and I've been in similar positions with various other cards - I ran up massive debts on cards when some customers of mine went out of business leaving me to carry the can. I initially looked to a company called Credit Issues (anyone have dealings with them?) Who informed me that my cards were all unenforceable. As such, I eventually stopped paying them around Set/Oct 2009. I then entered into a DMP sometime in 2010 and started making payments to this, and the calls died down, but that company went out of business and hadn't allocated any full payments to any creditors, only an initial token payment, so the phone calls all started again. I have simply ignored phone calls and letters and nothing has come of any of them, to date. As my credit file will be trashed, I guess I was hoping to ride it out until the debts became statute barred, but I am a bit concerned about this Cabot mob - they do seem to really want to go the distance. I was paying £x a month to Capquest, but have decided to let that slip now too. They've written to me and threatened doorstep recovery and all sorts, which I ignored, and now they've written saying they will now accept £x-10 (£10 less than I was paying) - dunno whether to accept this or not, or just ignore it again. My feeling - and I could be wrong - is that they know they have no way of enforcing the debt, so if they can get anything from me it is a bonus...? Is that a correct assumption? Obviously, by making a payment, one is acknowledging the debt, so becoming statute barred becomes further away each time. My brief questions to 'the_shadow' is how can one know if an agreement is 'true copy' or not - I'm aware of the Wacksman ruling etc... about reconstituted agreements and so on, but without having the original stuff in our own possession, how can we be sure what the DCA's send us is a true representation of the original or not. ..? And, also, is it right to assume that DCAs, having sent me all the nasty letters, which have gone ignored, are happy to accept something now, in the knowledge that something is better than nothing? Good luck to everyone on here...

Hi all, Years ago we had a failed business and were left with massive amounts of personal debt. We had an arrangement with payplan for about 12 months before we could not even afford to pay that. I think the last payment to payplan was around July 2008 (just under 6 years ago...) I have been served with a stat demand from Lowells for a Lloyd's card with a balance of 4.5K. At first, I researched on here and thought I could just reject it as out of time, but now I am thinking it may not be. Any advice would be greatly appreciated. It was served last Saturday, so 8 days ago. Whatever I do now, how will the bank holiday this week and next affect the time scale too? Thanks in anticipation. K

This cowboy outfit have already cost me my home. They were a 'panel solicitor' introduced by Ratio Money to take on MBNA. They were supposed to have all the insurances and financing necessary to do the job. They screwed up their financing, told me two different versions of the facts and then demanded money off me despite the No Win No Fee, then didn't represent. Asked for court fees which my father paid but then did nothing. Then they sent me a very large bill, no complaints procedure, no explanations despite my protests. Months later just sent their thug round to serve a Statutory Demand. I complained to the Legal Ombudsman (LO) who took it up in a halfhearted way and they agreed to get back on track . . . they didn't, took court fees for the second time but did nothing but tried to get their hands on my house. The LO said they couldn't take up a case a second time and the Solicitor's Regulation Authority said it was a matter of quality of service and not their bag! My MP took it up with Ministry of Justice but they never replied. I sent an SAR to obtain the documentation from the file. It timed out, a reminder was sent but nothing was sent by them. I asked for an order from the court but, instead of sending copies of the file documents to me or to the court they sent them to the solicitors for MBNA and sent their man into my house (despite my putting in writing that they should not) again to serve a second SD. This harassment has seriously alarmed my Partner and I'm now being treated for stress and the effects of their actions (my GP has specifically identified this as the cause) and am having to sell my home. I have, of course, applied to the court to set aside the SD. The court have set a date to hear my application in three weeks time . . . . Frankly I'm dazed and don't really know how best to fight this as the latest installment of a two year saga. Any suggestions?

Just received an email from QQ saying they've sent out a statutory default notice through the post. What does this mean for me? They're demanding immediate payment of £530, which I can't do as im unemployed. Have tried to set up a repayment plan in the past but they haven't been interested after I was unable to stick with one earlier. My worry is people knocking on my door, i live with family and wouldn't want that stress on them, does this happen still? Can someone help, what should i do, im willing to pay small amounts on a repayment plan, 40/50 a month etc. Really worried and stressed out.

Hello, My Partner has had a statutory demand served against his company. The Judgment to which the statutory demand relates to is currently being appealed. The Appeal hearing is not until 8th July though and we have until Monday 3rd June to put a stop to the statutory Demand. It should be noted that we did actually request in the appeal that there be a stay of execution on the Judgment, however we have nothing formal from the Court yet in this regard because the hearing is not until July. The help I need though is confirmation of the correct form to use to set aside/ obtain an injunction on the statutory demand against a Ltd company as I understand it is different to when it is an individual. At the moment im looking at forms 6.4 and 6.5. Do they relate to companies or individuals? Any advice is appreciated! Thanks

Hi I hope someone can advise on what I can do here a quick rundown is as follows in mid 2004 me and my then wife went to a solicitors and instructed them in adoption matters so I could adopt her daughter a few months later her natural father applied for contact, a terms and conditions was signed that stated "adoption" my wife went to the same solicitors and said that the adoption was on hold and asked them to deal with the contact matters move on to 2011 and they took us both to court over outstanding bills they told the court the invoices were for adoption matters, and the judge asked my wife and she said there were no contact matters I had no proof to show it was for contact and not adoption, so the judge issued a CCJ later that year I sent the solicitors a SAR and they eventuly sent the documents These document 100% showed that I did not instruct them in contact matters and the invoices were for contact matters despite what they said to the judge I wrote to them pointing out this evidence, they replied but made no mention towards the evidence I sent them so I wrote again saying, they did not reply eventuly after getting no joy direct with them I applied to the court to set-asdie the CCJ the following day they issued a statutory demand to me, so I also applied to set this aside court hearing was Thursday and their defence was that I should have appealed the CCJ within 28 days of course I knew nothing of the time limits, so the judge had no option but to dismiss my application to set aside the judge could not even look or take into account the evidence that clearly showed I did not instruct them and showed they clearly lied to the court in the original CCJ hearing. the same judge then looked at the stat demand set aside application, and basically as he could not set aside the CCJ he could not set aside the stat demand so this stat demand is still live and I don't know what to do. is there anyway to apply for some kind of injunction stopping them from taking further action due to the evidence that shows I was not liable ? I need to stop the stat demand from doing anything urgently as I understand there is only a short time involved here I should then be able to sue them for damages caused to me over this I do suffer from various health issues and depression and this could put me over the edge thanks

We have an old credit card and overdraft debt from Lloyd's that we have ignored for a long time (we've been fried by far bigger fish than this over the last few years!). On Friday we received a Statutory Demand, from BW Legal on behalf of Lowells. Harsh (yet effective, I suppose, as I now realise that we can't ignore them any longer). I've had a look through the forums and there are so many threads, but all with different factors and I'm struggling to get it all straight in my head. I hope nobody minds, but I'd like to ask some questions to make sure I understand things properly and would be extremely grateful for any help and advice anyone can give. I have a feeling that this debt is over 6 years old and we have not spoken to or responded to any letters for a long time (I know - daft). How do I find out the date of when this debt became due? If it is over 6 years, does it still stand? The amount is for £3,585.50 and includes a credit card and overdraft. I don't know if this amount is correct (I've had experience of debt collection agencies pulling figures out of thin air) although we have until 23rd April to get this sorted before they start bankruptcy proceedings, would it be wise to ask for a copy of the original credit agreement and a statement of account, to see what the true figures are? Once we get this information, or accept what they're saying, can we make an offer to pay a smaller amount as full and final settlement, or have we lost that chance now? We can pay most of it, as we are owed some money by my parents who are currently selling their house, which they can repay to us once the sale has gone through (which could be within a few weeks, but both sides are dealing with solicitors who don't appear to be in any rush - it's been dragging on for 6 months already!!) can we ask for an extension on the payment date? With regards to getting in contact, should we phone them or send a letter? Do we ask for the demand to be cancelled? I'm afraid I'm a complete debt dunce, so you'll need to speak up and talk slowly Many thanks

Can any one offer any advice RE statutory demand which has been put through my letter box, it is for a credit card debt 3500 , i last made a payment on this card in december 2006. i failed to make payments after that date, i do not know what to do now . any advice would be greatly apreciated.

Hi all, I apparently have an outstanding debt of £237.48 to Shop Direct & now i am guessing Red have bought the alleged debt. I cannot remember any dealings with Shop Direct plus the letters from Red have been addressed to Antony and not Tony as i am called. i have two questions: 1. This is the letter i have received, what does it mean? Final Communication This is the final communication you will receive from Red Debt Collection Services in relation to payment of this account. It is very disappointing that you have chosen not to respond to any requests for repayment despite us offering you on a number of occasions the opportunity to pay a small monthly amount to clear debt. What happens next The next contact you receive will be from a process server who will be serving you personally with a Statutory Demand. If you fail to comply with the terms of a Statutory Demand, Lowell Portfolio Ltd (Lowell) may petition the court for your bankruptcy. Alternatively, you may receive a letter from the court regarding legal proceedings, which Lowell may issue you against you or a debt collections agent who will be visiting you at home to discuss repayment. If you want to avoid any further action you must set up a payment plan now. We are still willing to accept monthly payments of £15. 2. I also have another alleged debt that Red are chasing me for thats around £2000 but its over 6 years old so im guessing it Stature Barred, due to this i have ignored the letters from them. If i decide to pay the above in installments will that indicate that i must of received the other letters as they have been posted to the same address. Thank you for reading. Any help appreciated. Tony.

Hi I have just had a letter delivered to me personally by a guy at my door and its a statutory demand under s.268 of the insolvency act 1986. Debt for liquidated sum payable immediately. HELP !! what is this, are they forcing me to go bankrupt ??? it says i have 18 days to apply to court to set aside demand. This if for an old MBNA account that I CCA'd and they sent a copy application form so I have not been paying it - its a really old account ive had it since probably 1990 and its for £14,727. Im really worried that they are going to make me bankrupt so any help would be appreciated. Thanks cw

Please help me - I have received a statutory demand from Connaught / 1st credit for an unpaid loan I had with Lloyds TSB in 2007 - Apparently the outstanding balance is £7700. - I have contacted them but they say they will accept nothing less than £3500 in a lump sum and the rest over 12 months, otherwise they will force me to sell the family home (Its on a joint mortgage with my partner) There is no way I can afford to pay that and have sent them an income/expenditure form to illustrate this. I was made redundant in January and can only offer a token payment until I get work (I have interviews coming up) I have approx £500 due soon which I have also offered them. - They have not replied I have two young children and cannot face the thought of them losing their home ( I have even contemplated the unthinkable - as the house is in joint names and my partner would automatically become sole owner on my passing) I am willing to pay I just do not have the means at present. I have contributed to a private pension scheme and have also contacted them about the possibility of cashing this in, but I may have to wait 3 weeks for this information. Please help, Are Connaughts under any obligation to be reasonable? Will the court take into consideration the fact that I am trying to reach an agreement? I have not slept for nearly a week and have never felt so desperate and helpless in my life. Any advice would be invaluable to me