Statutory Demand For Bankruptcy - Help!

[krakan]

Morning all,

 

Short background: Letters for a few years from a Debt Recovery Agency regarding a debt I don't acknowledge. I have requested information regarding said debt but never received any.

 

End of last week, out of the blue, I receive a Statutory Demand for Bankruptcy letter, which I'm just doing research on the meaning and implications of now.

 

Thing is, I could afford to pay this money, but I'm genuinely certain it's not a valid debt.

 

The advice I've found somewhere is that I can apply to have it set-aside if it's in dispute (which is it, but I'm not sure whether there's a specific requirement for it to be classed as 'in dispute')

 

The debt is over £750 and I don't own any property.

 

Can someone offer any help?

 

Thanks!

Chris

[tinkerbell20]

You must make application to your local county court for the statutory demand to be set aside. You only have 18 days to do it in.

 

Also send the creditor a SAR & CCA request by special delivery enclosing stat fees asap.

[saintly_1]

Hi

 

You need to get the statutory demand set aside you need forms 6.4 and 6.5 from here England and Wales Forms

 

What is the 'alledged' debt for

 

saint

[krakan]

Hi, both

 

First off, I'll get the forms now and have a look through them.

 

With regards to a SAR and CCA letter, those are in the templates forum are they? I'm sure I've done this before and got no reply, but I might be referring to another debt (they had been sending letters about two debts for a time, which confuses the matter further)

 

The 'debt' is apprently one they've bought from a bank. I don't recall if it's RBOS or Natwest (but I never had an account with the bank they were referring to anyway).

 

Are the any specific questions I should raise in my CCA letter?

[saintly_1]

The first thing you need to do is to get the stat demand set aside.

 

The 'alledged' debt do they say if it was a loan or overdraft ? as a CCA is only applicable on loans and not bank accounts.

 

Have you tried sending them the 'Prove it' letter ?

 

saint

[krakan]

Hi Saint,

 

Right, I've looked at the SD and it states that

The debt relates to the unpaid balance of sums due under Credit Agreement dated 29 JUL 02 made between Mr KRAKAN and Royal Bank of Scotland in respect of a Personal Loan Account number 1234567890123456. The agreement terminated upon the failure of Mr KRAKAN to comply with the terms of the agreement and/or a statutory notice of default served by Royal Bank of Scotland.

 

The rights and duties of Royal Bank of Scotland passed to the Creditor persuant to an assignment dated 22 DEC 06.

 

Now I know that I have never taken out a loan. Is it possible that a current account (overdraft) or credit card could be represented as a loan?

 

Second, I have sent them letters in the past (though I only have a copy of one letter) stating that I dispute the existence of the debt and inviting them to send proof. Nothing. Is there anything more specific you mean by a 'prove it' letter?

 

I have drafted the following CCA letter to Capquest:

In regards to the above reference, I would be grateful if you would send me a copy of this credit agreement for the account which you allege is mine. Further to previous correspondence I continue to refute your suggestion that any money is owed.

 

Could you please also send me a Full statement of my account

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, Postal Order number x which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

I will make an application to set aside the Demand as soon as I can (possibly not until next week.)

[krakan]

One related question, if I may?

 

The address that Capquest hold for me is not my present address. I have since moved, but neglected to inform them of this because of the constant phone calls and threats of doorstep visits they have been making. I understand that I can claim for reasonable costs incurred in having to attend to apply for a set aside, but I would presumably be disclosing my new address to Capquest in doing so, which would be a bad thing. I don't mind not claiming if this is the case.

 

However, the SD was sent by regular first class post. I intend to make reference this is my affidavit (that they simply posted the SD despite the ongoing dispute over the debt and that this implies they're not taking it seriously) but, if I encourage them to deliver further documents in person I'll end up in an argument over my address.

 

Do I have an obligation to give them my new address? I have a redirection in place so I receive all the mail sent to the old address so there's no benefit to me in telling them

[master woody]

I’m really confused about statuary demand for Bankruptcy?

A) dose a creditor need a CCJ ( and you default on the CCJ) before they can apply for a SDB

B) If a creditor doesn’t need a CCJ, why don’t they use this mechanise more frequently? You see lots of Money claims ect just the odd SDB so they can’t be using them often

[krakan]

I’m really confused about statuary demand for Bankruptcy?

 

A) dose a creditor need a CCJ ( and you default on the CCJ) before they can apply for a SDB

 

B) If a creditor doesn’t need a CCJ, why don’t they use this mechanise more frequently? You see lots of Money claims ect just the odd SDB so they can’t be using them often

 

Hi woody,

 

a) No, it would appear they don't

b) I assume because 1) it's very expensive (I've read it costs them £1000+ to petition for bankruptcy) and 2) if they do make you bankrupt they're taking a gamble as to what you actually have to pay them with - once they've made you bankrupt they'll get their share of what you own but that's the end of the matter. The may feel they'll get more in the long run by obtaining a CCJ and extracting the money from you normally, over time.

[saintly_1]

Many people when faced with a stat demand panic and start making payments ...... espcially when they dont know their rights it seems to be a popular method by some DCA's

 

saint

[krakan]

Many people when faced with a stat demand panic and start making payments ...... espcially when they dont know their rights it seems to be a popular method by some DCA's

 

saint

 

Well, it worked! OR at least, long enough to panic.

 

Am I correct in doing the following:

 

Post SAR to RBOS requesting info

Post CCA request to CapQuest asking for agreement, documents regarding assignment of debt and statement

 

How's my CCA, above?

[saintly_1]

Yes

 

Dont forget to enclose the fee's £10 for the SAR and a £1 Postal Order for the CCA

 

 

 

Saint

 

 

ps Dont sign the CCA Print or use a digital signature

[krakan]

Hi again, all.

 

Question about my application for a set aside, which I'm going to make tomorrow: I intend to make a claim for costs, but whilst most of it's pretty clear, what is the accepted method of working out the value of a day's wages lost? Monthly take-home pay / 20 or so?

[saintly_1]

think they allow £50 at most for loss of a days pay

[krakan]

Hmmm. Right, ok - possibly not worth bothering with that bit, then, since I'll presumably have to get my employer to prove that I lost a day's wages?

 

I'll post of the detail of my application shortly, if perhaps some kind soul would check it? I am correct in thinking that I can fill in most of it and take it pre-printed to the court to sign etc?

[saintly_1]

yeah you can ..........

 

You can claim £9.50 per hour I think as a litigant in person for time spent reading and preparing your case

[krakan]

Great stuff, should be a worthwhile claim for costs, then - it's taken ages to get this stuff sorted!

 

Does this look ok for my affidavit:

 

 

I, MR KRAKAN, make oath and swear as follows: That on x August 08 the staturory demand exhibited hereto and markes "A" came into my hands.

The respondent alleges that I am indebted to it to the sum of £------xxxx--------, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (CCA). It is further alleged that the debt was assigned to the respondent from Royal Bank of Scotland plc. on xxxxxxxxxxx The applicant will say that the statutory demand should be set-aside upon the following grounds;

 

a) I do not acknowledge any debt to the respondent. On =============x============ date I formally requested a copy of the credit agreement on the alledged account. The production of a credit agreement is a legal requirement under The Consumer Credit Act. This to date has not been supplied. The respondent is put to strict proof that that the alleged agreement was entered into between Royal Bank of Scotland Plc and the applicant; and at what place and on what date and upon what terms.

 

b) No default notice has been served in relation to the alleged agreement pursuant to CCA s.88(1). If any default notice had been served then it would have not been accurate due to these charges and consequently defective and invalid.

 

c) No Notice of Assignment has been received passing the right to collect on this alleged debt from Royal Bank of Scotland to the respondent. The respondent is put to strict proof that the alleged debt has been properly assigned.

 

d) I have previously received correspondance from the respondent demanding payment against the alledged account. I have written to the respondent, exhibited hereto as 'B' explaining that I dispute the existence of any such account and asking for further details of the information they hold and have received no documentation to support their claim.

 

e) The respondent has chosen to serve a statutory demand by ‘regular’ post in full knowledge of the fact that the debt is subject to an ongoing vigorous legal dispute. In view of this, and of the matters pleaded above, the applicant avers that the service of the statutory demand is demonstrably frivolous, intimidatory and an abuse of process. Furthermore I believe that the serving of a statutory demand, when such clear disputes exist, is an abuse of process and the respondent are vexatious in their litigation.

 

Accordingly, I respectfully request that the statutory demand be struck out or set-aside. Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

I make this statement with the sworn belief that all facts stated are true.

that look OK? What else do I need to provide. Obviously the letter referred to, and the SD itself - do I need to provide the original SD or a copy? Almost the end of the stupid questions now!

[saintly_1]

Make a copy of the SD for the court but take the original with you ....

[krakan]

Thanks saintly. Can't thank you again, but will do as soon as I can!

[MARTIN3030]

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

[krakan]

Some news on my case: Went to the court, signed the bits, left a note that I was away until about now in September.

 

Got a letter a few days later from the court telling me I have a hearing on 26th September. Will make additional application for costs for attending that, too I think.

[saintly_1]

Good Luck ....... keep us informed