URGENT advice needed please about a statutory demand

[jakesdaddy22]

bump

[clutchingatstraws]

Can anyone give an opinion on this? I'm stumped

[ODC]

It 'seems' to have all the prescribed terms on it as far as I can see. HOWEVER if you think the signature is not yours thats a serious allegation and could indicate a criminal offence or newly produced documentation.

[clutchingatstraws]

Jacksd

 

Was the original SD set aside on this one?

 

When was the last time a payment was made on the account?

[jakesdaddy22]

the SD wasnt set aside clutchingatstraws, do they have a time limit on them,i cant remember when a payment was last made on the account.

 

ODC it definatly isnt my signature on it i sign with my first name initials this is signed with my first name fully showing on it is there any letter i could send them,thanks again for all your help.

[ODC]

Jakesdaddy if you make an allegation that this is not your signature you will be opening a can of worms and the police may well become involved.

[berrylover]

i recieved these this morning from connaught,does this agreement look like it has been filled in properly,would it stand up in court.the one problem that concerns me with it the name and address is spelled awful and the signature on it doesnt look like mine.are there any more letters i could send them.they have given me 7 days to respond to this letter,i have put it and the agreement below,thanks for all your help everyone.

 

 

 

 

 

 

 

 

 

 

 

So are you saying that the name and address details have spelling mistakes in them?

[berrylover]

I have the same problem with HFC, they sent me a CCA with the wrong name signed on it, mine had changed between the original agreement that I had taken out with PC world and the second agreement that they said had my signiture on it. The agreement they sent me was the second agreement, but with the signiture that I had stopped using nearly a year before (but would have been correct on the first and superceded agreement). I had a legal document from my solicitors with my change of name deed and the date on it to show my name was different from the one on the agreement.

 

I phoned the police and they stated that it was a civil matter at that point. I have informed HFC of the fact that the signitures do not tally and am awaiting their response. If you can prove that it is not your signiture i.e. have a driving licence or passport from the time with your signiture on it to show you sign your name differently, then maybe you can dispute it.

[Andy8870]

Hi,

 

I have not read every reply on this thread, so apologies if I duplicate something that has already been stated.

 

Firstly, if you can prove that a signature has been forged, then the police are wrong to say this is a civil matter. If a person or company is claiming you owe them money on the basis of a forged document, then this is "demanding money by deception". This is a CRIMINAL act and the police should take it up.

 

Further, with regards to a statutory demand, I am unsure as to what grounds you wish to have it set-aside. If you apply for a set-aside on the basis that it has not been properly served, most judges will take the view that if you have received it (which you obviously have in order to request a set-aside), then it has been served adequately. The Statutory Demand MUST state the name and address of the Court which you would need to apply to in order to have it set-aside. If it does not provide this information, then this in itself would probably give adequate grounds to apply for a set-aside.

 

The creditor has four months from the date of service of the SD to bring about a bankruptcy petition. If no petition has been served upon you within the four months, then they will need to serve another Statutory Demand before issuing a petition. In most cases, a bankruptcy petition will need to be served personally - especially seeing as the Statutory Demand was issued by substituted service (not personally served).

 

I hope this is of some assistance. Feel free to PM me if you have any questions.

[ODC]

The Statutory Demand MUST state the name and address of the Court which you would need to apply to in order to have it set-aside. If it does not provide this information, then this in itself would probably give adequate grounds to apply for a set-aside.

Are you sure?? I always thought this could be left blank so as the debtor could apply at his/her local Court

[MARTIN3030]

Hi,

 

I have not read every reply on this thread, so apologies if I duplicate something that has already been stated.

 

Firstly, if you can prove that a signature has been forged, then the police are wrong to say this is a civil matter. If a person or company is claiming you owe them money on the basis of a forged document, then this is "demanding money by deception". This is a CRIMINAL act and the police should take it up.

 

Further, with regards to a statutory demand, I am unsure as to what grounds you wish to have it set-aside. If you apply for a set-aside on the basis that it has not been properly served, most judges will take the view that if you have received it (which you obviously have in order to request a set-aside), then it has been served adequately. The Statutory Demand MUST state the name and address of the Court which you would need to apply to in order to have it set-aside. If it does not provide this information, then this in itself would probably give adequate grounds to apply for a set-aside.

 

The creditor has four months from the date of service of the SD to bring about a bankruptcy petition. If no petition has been served upon you within the four months, then they will need to serve another Statutory Demand before issuing a petition. In most cases, a bankruptcy petition will need to be served personally - especially seeing as the Statutory Demand was issued by substituted service (not personally served).

 

I hope this is of some assistance. Feel free to PM me if you have any questions.

 

 

No need for Pms-it can be discussed openly here just as its been discussed already.

[jakesdaddy22]

i have recently lost my father from cancer and my mind isnt clear at the moment,he was on a basic pension so i am having to claim funeral costs from the benefit people.i do not need people like this on my back at the moment,could anyone help me please with wording a letter to them,if thats possible.i am no good wording letters,especially at the moment.many thanks for all your help everyone,vincent.

[jakesdaddy22]

This morning i recieved a letter off conaught saying i have got 7 days to pay them or further action will be taken against me.

 

i will admit i did not have the SD set aside like i should have done,i was suffering with depression and could not face going out,is it true they only last 6 months and they would have to apply for a new one...?

 

since my father died i was recently diagnosed with bowel cancer i am due to go into hospital on wednesday to have an operation,i have been told i will be having a permanent colostomy bag.

 

i dont need these people getting on my back at the moment,can anyone please help me with a letter i can send them before i go into hospital,thank you.

[Andy8870]

Rule 6.12(7) of the Insolvency Rules 1986 states:

 

"If the petition is based upon a statutory demand, and more than 4 months have elapsed between the service of the demand and the presentation of the petition, the affidavit must also state the reasons for the delay".

 

In English, this means that in normal circumstances, a bankruptcy petition must be issued within 4 months of the Statutory demand being served. If it is over 4 months, there must be exceptional reasons why they didn't go for a bankruptcy petition earlier.

 

If it has been over six months, I wouldn't panic too much. I would say they are well out of time.

[jakesdaddy22]

Bump,anyone,thanks.

[fiftypence]

Sounds like a normal Connaught threat-o-gram. They sent you a stat demand and had the opportunity to bankrupt you but they didn't follow it up Connaught have a reputation for trying scare people into paying rather than use the court process. Was the letter back dated by any chance? i.e was it dated so that by the time you received it you have about 24 hours or less to reply?

[jakesdaddy22]

Hi fiftypence long time no speak,i havent got a way to upload it anymore so i'll type what it says below.its dated the 22nd of april 2009.

 

dear sir

 

payment must be made in full and sent to this office within the next 7 days.

 

if we do not recieve a response within the next seven days our efforts will continue to secure this debt

 

i look forward to your response

 

yours faithfully (the signature looks like a photo copy or printed on, it isnt a proper one on the letter.)

 

underneath its got conaught collections uk ltd

 

 

at the bottom of the page it says this.

 

our company has the sole control of your account payment must be sent to this office. do not pay a doorstep collector without first gaining our authority.

[fiftypence]

I can't say I have had the pleasure of their full range of threat-o-grams but it looks like normal run of the mill stuff, I am sure there are others who have received similar and can vouch for how serious they are or not about following it up with something really serious.

 

Oh, and it's good to see their backdating system is in good working order 7 days to reply and 5 of them have passed by the time you receive it How typical!

 

They seem to be sending out random threats and they have already sent you the nastiest one in their arsenal (the SD) and didn't follow it up. You might as well play them at their own game and send them a random pick from the templates library, I would suggest a prove it letter, that will probably serve to confuse them and buy you some time while your in the hospital (btw, sorry to hear about your health issues)

 

That's the only thing I can suggest based on the fact they seem to be all talk and no action, like a good many DCA's.

[ODC]

You could of course wait and see if the issue another SD. I would

certainly report them to the OFT about their previous abuse of the SD system

 

In the meantime I recommend forgetting about them. Go into hospital tomorrow and concentrate on yourself and getting better

[jakesdaddy22]

Hi ODC and fiftypence,i have returned home came out of hospital yesterday,they took away the bowel cancer and i have one of those horrible colostomy bags.

 

i have also been told that there is no more they can do for me,the cancer has spread to my liver and i have no more than 12 months at best they said. i want to spend this time with my son hes only 5.they have refered me to the macmillan nurses.all i want know is for these people to leave me in peace so i can spend what precious time i have left with my son.

 

it is hurting like hell at the moment knowing i am not going to see my son turn into a young man,surely these people have some heart.

[ODC]

God Bess You Jakesdaddy, Do not expect any sympathy from these wretched people in DCA land. They would attend your funeral if they thought they could get a couple of quid. Personally if I was in your position now I would ignore them completely. Enjoy your time with your son while you still can. He is more precious to you now.

 

You may be a stranger to me but you will be in my prayers and thoughts.

[fiftypence]

I concur with ODC, ignore anything apart from a stat demand - if you get one of those use the forums to get help to have it set aside and you will have the last laugh against the DCA as if you do it right you will get some costs off them, how ironic that would be. In the great scheme of things no DCA is worth worrying about. Enjoy everything to the full while you can.

[42man]

Any more news on this JD ?

[diddydicky]

personally (even if a home owner) i would say that if you ever receive a SD by post (especially 2nd class) without having to sign for it you should IGNORE it completely

 

(by all means cca the creditor involved (and if you can CCA some others at the same time this is useful)

 

 

any bankruptcy petition based on the unproven service of a SD will fail at the first hurdle

 

the courts are VERY strict on this and the petitioner is put to strict proof of service

 

you will find that almost if not ALL organisations who ARE actually going to commence bankruptcy proceedings do not use the post - they use licensed process servers

 

if you never received the SD (the proof of service as you have just read is 101% on THEM) then the petition will fail