Statutory Demand rec'd today :(

[andym0908]

Hi all

 

I today received (hand posted - actually knocked on the door and gave me the paper) a Statutory Demand. This is from some debt dated about 10 years ago!!

 

In the document, they claim I owe them about £7k for a car. They have an agreement number and car index plate number. The recovery company is Ridgeworth Fairmile Recovery...

 

Ok, in simple terms, what do I do?

[Mike220359]

If it is over six years old it is statute barred unless the company has been in contact with you in the interim. In th meantime you must act quickly to get this sorted out by getting it stopped, do you actually owe the money, if not then they are on a sticky wicket, suggest you read the following from the insolvency help line?

Legal Issues Explained - Statutory Demand

 

But as I said I'm pretty sure that this is staute barred.

 

Mike

[andym0908]

Well, I certainly haven't had any contact, that's for sure! What if I do actually owe the money. It was a car that (usual story), I couldn't afford and had them come and take it back.

[42man]

If it is over six years since you acknowledged or made a payment to them then indeed this debt is statute barred by law......I would write to them explaining this from the template library....amazing !!! and they KNOW this too.....

[42man]

Is it possible you can take off the personal details and scan it and post it on here....!!!

[42man]

You might find this interesting reading....regarding Ridgeworth Fairmile !!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/111151-cca-defaults.html#post1086060

[andym0908]

I love you guys!!!

Yeh, I'll scan the doc tonight and post it.

[Docman]

This is all likelihood a 'try on' by Ridgeworth. They will know that after 10 years any debt is statute-barred and probably have no intention of coming up with hard cash to fund a bankruptcy petition.

Nevertheless, unlike various forms of 'threat-o-grams' from DCAs, this action must be taken very seriously. They are probably hoping that you do not know at 'statute barred' and that you will acknowledge you owe something if you write to them. Whatever you do, do not acknowledge the debt in writing but follow the advice from the earlier posts.

[42man]

Keep everything, all paperwork, letters recorded delivery slips etc ready to complain to the OFT and their local trading standards....you MUST complain...

[42man]

Doc

[42man]

Doc is spot on as usual....(Hi Doc and a Happy New Year)....also bear in mind DO NOT HAND SIGN THE LETTER....I've had a look through a variety of web sites but am not even sure if they hold a credit licence !!!

[andym0908]

Well, I haven't hand signed anything, just took the document from the delivery guy, and acted surprised.

[42man]

I meant don't hand sign any letters you send to them, as it has been alleged that they will use your signature to 'change' documents....!!!

[andym0908]

Ahh right.. that's incredibly dodgy!! Good point!

[sequenci]

If it is over six years old it is statute barred unless the company has been in contact with you in the interim.

 

Not true. They could have sent a million letters and made a million 'phone calls.

Contact is deemed as the debtor writing to the creditor and acknowledging the debt.

 

You can either arrange for the Stat Demand to be set aside or await and see if they pay for a Creditor's petition and then oppose it (this would lose them at least £600 or so!)

[ODC]

Not true. They could have sent a million letters and made a million 'phone calls.

Contact is deemed as the debtor writing to the creditor and acknowledging the debt.

 

You can either arrange for the Stat Demand to be set aside or await and see if they pay for a Creditor's petition and then oppose it (this would lose them at least £600 or so!)

Damn beat me to it:D

[andym0908]

You can either arrange for the Stat Demand to be set aside or await and see if they pay for a Creditor's petition and then oppose it (this would lose them at least £600 or so!)

 

So.. what's best to do? I would imagine having it set aside, but the idea they would lose money makes me want to wait, but it's a risk isn't it?

[ODC]

Personally I would take the risk. Are you 100% sure a period of 6 years elapsed in which there was no written acknowledgement or payment of the alleged debt

[andym0908]

Absolutely sure of no contact whatsoever. In the SD, they say the sale was dated 09/11/98 and a notice of default and agreement terminated on 19/06/1999. I've moved a number of times since then, and no way would have got in contact regarding this.

[ODC]

They must be idiots. Surely even they would know this debt is well and truly Statute Barred

[postggj]

the ploy now for dca is going for the stat demands

beats me how they can bypass the normal ccj route first

this has to stop

[Curlyben]

Bear in mind that statute of limitations only applies of there has been ZERO acknowledgement in writing or by payment, in over SIX years.

If at any point within these 10 years the debt has been acknowledged then it is unlikely that statute barring applies.

 

By the sounds of it they are well and truly urinating into the wind with this one.

[andym0908]

I'd have to agree. I for one know that I have had no contact (of course) since the vehicle was taken away back then... These people are just scummy vultures with nothing better to do. So maybe I'll wait and see what they do...

[sequenci]

If at any point within these 10 years the debt has been acknowledged then it is unlikely that statute barring applies.

 

maybe I'm havign a tired day today matey but eh?

 

It could have been acknowledged within the 1st 4 years of the ten?!?!?

[ODC]

 

maybe I'm havign a tired day today matey but eh?

 

It could have been acknowledged within the 1st 4 years of the ten?!?!?

Curlyben must be tired. :o Once a debt becomes Statute Barred in cannot become un-statute barred even if a payment is made:D