Hi Need some urgent help please, a solicitor has contacted my mum in respect of a debt that has been under dispute for a number of years. Connaught have now purchased the debt and they are acting on behalf of Connaught Collections. What does she do???

Hi I apologise if I'm in the wrong place but was hoping someone could advise as to how the 21 days to satisfy a statutory demand is calculated. I understand that it is 21 days from the date of service, but does the actual day of service count as day 1? I have also read that if the demand is served before 4pm it is 21 days from that day, but if it's after 4pm it's 21 days from the following day. I also assume it's days as opposed to working days? If anyone is able to clarify, that would be most helpful. Thanks in advance.

My partner received a Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986, Debt for Liquidated Sum Payable Immediately. Only last month, my Partner was discharged from her Bankruptcy, and to my knowledge and hers we are unsure if this debt was included in her Sequestration (we are based in Scotland). Anyway, this SD was sent by first class post, not a "signed for" or anything like that, nor was it hand delivered - it came from New Forest Finance (as it had their cover letter in it). It therefore leads me to believe that this is being used in an intimidating manner to try and force my partner to pay this debt of which we believe she is not liable. Now, we all know where 1st Credit ended up by doing this! I would appreciate any help with the following: - If this Debt was not included in her Sequestration, is she still liable? - The court on the letter was not in Scotland, it was a County Court in England - I was of the belief that should a Creditor pursue you, it should be at you local County Court. The statutory demand requests that my partner contact the Creditor direct - in my experience, should any formal Court proceedings take place, then it is the Court you should be writing to in order to make your defence. Pretty confused as to where we stand with this as through her Sequestration, we thought that was all our Debt worries resolved. Any suggestions on how to proceed with this would be greatly appreciated - I want to try and avoid the CCA route if this Debt should have been written off on the sequestration. Thanks in advance, Scotty

Hi Im new here guys and really need some advice. Ive had a guy banging on my door tonight, said to my husband he wanted me, and would not go without seeing me as he had something he had to give me. I did not go to door and it turns out to be a demand, dunno who from but have an idea. he sat out side my house for so long I was going to call police as thats intimidation....and I dont do intimidation. Finally he went, having put a letter thru door saying hes coming back next week and whether im in or not im getting demand served on me, so thats gunna be day of service. I have a few days grace so advice please please please. I think its for a credit card debit of 3K and its in dispute cos of excess charges applied to account, have told original creditor this but to no avail. Thanks in advance very silly girl

Hi all. I've been helping a family member out with a debt. The company who I've been in touch with are Go Debt. They've been playing dirty so there was no way I was going to let him roll over and play their game. Just as an idea.. .They were harassing him on the phone, even calling his workplace and disclosing they were chasing him for a debt and were considering forced bankruptcy! They have also told several lies, and created letters to try to cover their tracks. They tripped themselves up with dates which proved the letters were produced after the fact and never sent. Now, so far as I can tell, there has not been a Notice of Assignment (NOA). I requested this and they sent me the wording of a NOA that anyone can copy and paste off the internet. I wrote back and explained this was not sufficient. This was the last I heard from them until my family member was served with a Statutory Demand (Section 268(1)(A)). Why on earth would they do this when they have still failed to respond to my perfectly reasonable and legal request for the Notice of Assignment! The SD seems legitimate and has the details of the relevant court. So please, any suggestions on next steps? Would it be best to apply to the court for it to be set aside?

I was served with a statutory demand last week and so I wrote to the "creditor" to ask them to withdraw it. They have sent me a letter yesterday saying that it is withdrawn, however, is this sufficient? What are the formalities of withdrawing a statutory demand? The Insolvency Rules say nothing! Should the creditor submit the form 6.4 and 6.5?

Hi there, I have a fine from Lambeth Council for driving in a bus lane, which I don't dispute. However, the original PCN was sent to my previous address, the log-book was changed around the time of the offence. I now have a further PCN that has been forwarded from my old address, for £202 The only way it seems I can appeal, is by getting a Statutory Declaration “signed and sworn before a Commissioner of Oaths (eg a solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local County Court” Do I have to do this in order to dispute the extra charge - is it simply a tactic to make it far more inconvenient to dispute anything ? many thanks thenorms

Hi all, Thankyou for providing an excellent forum to alleviate my stress levels. My question is regarding a Statutory Demand received which has been posted through my letter box. I first received a letter to say a process server had called at my address to serve me with the SD on several occassions without success (I am at home most of the time and have CCTV which does not agree with that statement), that he would call again at a certain date and time to serve it personally and if I failed to meet him that the demand would be posted through my letter box or advertised in a local newspaper by way of substituted service. About a week later the server called to my address and put the demand through my letter box. Am I correct in saying that he should have applied to the court for an order for substituted service or has the rules changed lately? The SD appears to have been prepared correctly by a solicitor acting on behalf of Barclays bank. Many thanks in advance.

My son has fallen into the snake pit of PDL vipers (and other vermin) and I am about to deploy my snake charming skills, learned from within these hallowed frames! He has recently lost his job (misconduct) and is on the benefit that replaced Incapacity Benefit, as he has suffered from Depression and Anxiety for many years, so has no other income at present. In addition, he has parted from his girlfriend and is now living at home, so we are dealing with a lot of 'fallout' after his world imploded.. So, learned counsel, given that he has racked up multiple debts that he is totally unable to service - and disposed of the proceeds on drugs and alcohol - is there a minimum amount of money he is 'entitled' to keep for his essential living expenses, or can his creditors simply plunder his bank account as and when they find money in it? He is in the process of opening a 'parachute account' -as advised, thanks to previous CAG input on my behalf some years ago ) I can deal with the 'admin' side of things and am looking forward to dealing with some of the lovely DCA's who are swimming around in the pond currently (apologies for mixed metaphors). My current thinking is that there is nothing they can do to enforce any of these alleged debts, some of which were activated 'under the influence' - and apart from a trashed Credit History, any potential court action will only result in awards of a pound or two a month at best - n'est ce pas? It's quite touching to think I was so naive about debt once and how I used to TELEPHONE them when they wrote to me and give them information - oh dear, I'm cringing with embarassment again I would appreciate any specific or indeed general advice that may be on offer which might assist me in relieving some of the pressure he is currently under - and yes, he is truly repentent and ashamed of his behaviour - much good it will do him now! Many thanks - and keep up the excellent work guys!!

Hi all, I would like some advice, we are looking to move from our current rented property and recently wrote to the agency advising of our intent and gave our one months notice, they have written back stating we signed a Statutory Periodic Tenancy which requires us to provide 2 months notice? I have looked through this and other forums and believe that as a "Statutory Periodic Tenancy" by law we are required to only give one months despite this new agreement. Can anyone help!!

On the BIS.gov.uk website the relevant section relating to holiday entitlement on termination contains the following paragraph: "If a worker's employment is terminated, they have the right to be paid for leave accrued during the time of employment, no matter how short a period of employment. In such cases, holiday entitlement is based on the date they would have left if they had worked the full notice period, unless the worker agrees otherwise." Is anybody able to confirm, with regard to the second sentence that I have emboldened above - does this actually have a basis in law and, if so, where is it to be found - employment act, working time regulations or specific case law?