Bankruptcy stat demand help

[heidi83]

Hi,

 

Today I received a statutory demand for Bankruptcy from a DCA (Capquest) in relation to a debt owed from Halifax. Now I dispute the amount of the debt owed (the debt is for £3000 which relates to an unauthorised overdraft and fees), I've already sent off a CCA and SAR request prior to this stat demand which was ignored, I believe this is grounds for setting aside the stat demand. I believe the stat demand to be simply a scare tactic however I don't want to take the risk so I'm looking to protect myself.

 

Now, with that in mind could anybody talk me through the process of setting aside this demand? I've looked through a few threads here but I'm still not clear how to fill in the court forms and when/how to present them.

 

Here is what I'm confused with:

 

I'm aware that I need to fill out forms 6.4 and 6.5 from here; Forms

 

My questions are in bold and relate to the forms -

Form 6.4

 

(a) Name & address of person to attend hearing --> Is this me?

 

Attend before registrar as follows (Date, time, Place) --> What do I put here? The court details?

 

(d) State the names and address's of the persons to be served --> What do I put here?

 

(e) State the applicants address for service --> Is this my address?

 

It says "Signed (Solicitor for the) Applicant" --> Do I need it signed by a solicitor?

 

Form 6.5

 

Sworn at --> What do I put here?

 

 

 

Now, do I need to make a photocopy of the stat demand sent to me and present it along with the above forms at the court? Do I need to mark it up as anything? It says in form 6.5 to mark it up as "A"?

What grounds am I disputing the debt on? I know my reasons but is there some kind of legal definition for it?

 

Also, do I just walk in to the court? Don't I need to make an appointment and do I need a solicitor? I can't afford a solicitor.

 

 

What happens after I've set the stat demand aside? Can they try again?

 

 

 

 

Thanks for reading and I'd welcome ANY help (or can point me to any guide which answers my questions), I'm really confused about all this and I'm trying my best not to get stressed out!

[heidi83]

Also, does making this setting aside claim cost anything?

[miltonworries]

hi there, i too got a letter re statutory demand for bankruptcy from capquest today......

i was looking on here for advice.....

i will keep checking back if i find anything

 

this may be there new years resolution for everyone to get one .........lol...

 

was a bit worrying at first but see its a scare tacktick from them

[heidi83]

hi there, i too got a letter re statutory demand for bankruptcy from capquest today......

i was looking on here for advice.....

i will keep checking back if i find anything

 

this may be there new years resolution for everyone to get one .........lol...

 

was a bit worrying at first but see its a scare tacktick from them

 

 

It seems they are sending an awful lot of them out.

It may be a scare tactic but it's a pretty low tactic even for a DCA.

 

 

Has anybody here here ever been bankrupted by them?

[miltonworries]

hi again heidi83

 

I've been tralling through some threads,

 

It seems some times they dont actually carry out the bankruptcy at all as they know they will lose money...........buts thats just what i read.

(i dont actually know for sure!)

 

they basically want to up payments to suit them.

[heidi83]

Can anybody at least answer this: Is setting aside the bankruptcy order free or does it cost money??

[palomino]

There is no fee.

[aTaxiDriver64]

I also recieved one of these demands back end of 2008, but in my situation i do need to go bankrupt, my accountant also reccomends it, should i ring them and ask how soon they could start the bankruptcy.