Getting A Statutory Demand Set Aside

[e28bigalbexley]

i understand that it is not a commercial contract but you need to find out if they should (as they stipulate contractual fees added)have explained in writing what the default fees cost are at the inception of the contract.

 

I think ive worded that right

[42man]

I think you need to ascertain exactly what the costs are, ask for a breakdown.....

[est1234]

Hi Guys,

Unfortunately I cannot afford to get the amount down to

[e28bigalbexley]

Est could you just post up that contract again and the sheet with their costs on

only those two.

 

Sorry 42Man if Est could get down to £750 i think Est would pay the lot:eek:

[est1234]

Guarantee Detail

SD PAGE6 picture by est1234_2009 - Photobucket

 

Initial SD with Costs

collection notice dated 24-11-08 picture by est1234_2009 - Photobucket

 

Hope this is what you mean

[e28bigalbexley]

yes thats great and sorry to be a pain the one with the yellow highlighted area

[est1234]

OK no worries at this point there is very little I wouldn't do to solve this

[e28bigalbexley]

Just out of interest is that guarantee on headed paper if not is there any headed paper that came with it

[est1234]

No it wasn't on headed paper, but it may have been stapled to headed paper after I signed it, but not when I signed it. The copy they sent me was part of one of their letters

[e28bigalbexley]

I see there was a witness but did they sign it.

 

A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement. [1] That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy.

 

Not sure if it helps.

[est1234]

Can't remember if the witness signed in my presence, but was probably an employee of the Creditor in any case.

[est1234]

Morning guys,

Summary so far is that I should move to get it set aside on the basis that;

- I am disputing the amount of the claim due to excessive/potentially unlawful fees.

- I have made two offers of a payment plan which I can afford which have been turned down perhaps unreasonably.

Is that what you guys think I should do?

[42man]

I think you should use both of those.....

[est1234]

Thanks 42man I will, what do you think my chances of success might be with that defence?

[e28bigalbexley]

Hi Est

Yes Go with

Defendant feels the charges are unreasonable

 

The claimant has not supplied a breakdown of said charges

 

There is nothing in the contract which shows the true cost of any penalties

 

The Claimant has acted unreasonably in trying to resolve the matter.

[est1234]

I sent this to the solicitor yesterday

"Can you please as requested detail how the fees are broken down to make that total of £2,128.53 which seems excessive, i should also state I have never been given a scale of charges"

 

their response was;

"With regards to your email below we can confirm that;

1. You will need to seek your own legal advice regarding the contents of the Statutory Demand.
   

1. We have advised you several times regarding our clients fees, these are also mentioned in the contract agreement that you have with XXXXXXXX, and again you will need to seek you own legal advice if you require any further information.
   

Please note that we will no longer be prepared to correspond further on this matter."

So it looks like they are committed to the SD in my case, isn't this unreasonable behaviour.

[e28bigalbexley]

Well add that to your exhibit list for Affidavit.

There are no charges listed on their so called contract just a figure for the work to be carried out and something about 8% interest if you fail to pay on time.

 

AL

[est1234]

I think the 8% interest is not unusual, but the statement that the fees are "self explanatory" is wrong and I'm not sure that any fees should be part of the claim I thought that it is normally the outstanding amount plus interest and petition fee that formed a creditors claim, and the judge awarded costs if successful. I need to check this out

[42man]

Est this could be a tough one....BUT, if you are substantially disputing the amount claimed and you get a good judge...they are also being very unco-operative (make sure the judge knows this)....if need be at a stat demand hearing get the judge to order a full open book on their charges.....

 

IMO, I think they are being unreasonable in not accepting a payment plan, which is against the OFT's guidelines on debt collection...

[42man]

You could hit them with a SAR (Subject Access Request) too possibly..

[est1234]

Sorry what is a Subject Access request forgive my ignorance?

[est1234]

creditor won't speak to me, refers me to another company (SD server)who acting for them, I phoned and they state the £2,128.53 is their collection fee and is solely calculated as a percentage of the original amount (£5,875.00) this would make their percentage 36%, this surely must be seen as excessive.

 

On the 6.5 set aside form there are eight reasons for set aside none of them relate to excessive fees or non co-operation on the part of the creditor, will I still be OK to submit given the eight suggested reasons don't include the above?

 

I have to get these forms in at the latest 06/03/09 (17th day)as the 18th day is actually a saturday, so any further guidance would be greatly appreciated.

[est1234]

Pictures by est1234_2009 - Photobucket can you guys please review on this link Draft CAG 6.5 and let me have your comments.

Thanks Guys

[est1234]

Also could someone take a look and see if I am putting the right Names and addresses in the right places. On Draft CAG 6.4 found on Pictures by est1234_2009 - Photobucket Thanks once again

[e28bigalbexley]

Also could someone take a look and see if I am putting the right Names and addresses in the right places. On Draft CAG 6.4 found on Pictures by est1234_2009 - Photobucket Thanks once again

 

 

(a) Your name

Attend before.... leave blank

(b) your name

©The date you you file you set aside

(d) The claimants Name and address

(e) your name and address