Getting A Statutory Demand Set Aside

[e28bigalbexley]

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

Have you managed to mention and include a copy of their contract in your affidavit. Because there is no mention of additional charges apart form the 8%.

[est1234]

Yes included everything and swore the Affidavit today, so fingers crossed I'll see how it goes.

[e28bigalbexley]

Good Luck. Keep us informed ;-)

[est1234]

THanks alot will do, The lady at the court said I should hear within the next few days with regard to the Judges correction concerning the Set Aside.

Thanks Guys

[est1234]

Hi Guys,

Well I've received a letter from the court which was stated on the SD, which states that it doesn't fall within their jurisdiction and they have transferred the application to the proper court. So looks like they made an error.

So I suppose I await to hear from the new court then.

[est1234]

I've just heard back from the court they are dismissing my application for set aside because

"the debtor admits a debt in excess of the bankruptcy level"

 

View letter here Pictures by est1234_2009 - Photobucket

 

So where do I go from here, I might be able to get the amount of the original debt (£5,875) and pay it but that still leaves the charges.

 

HELP I need some advice here PLEASE.

[42man]

Damn sorry to hear this....a call to here might help - Business Debtline or this - IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help - they might possibly be able to give you information on a time order...

 

You could possibly offer them a charge on your home in return for a payment plan.....this would give them some security, I know this sounds horrible, but it might be a possibility...i'm sorry I can't help more, but for these types of debts i'm not experienced enough....

[est1234]

Hi 42man,

 

It's not a business debt it's a personal guarantee, so business debtline is not an option I'm afraid. Can I appeal the judges decision or not?

 

Or should I just find the £5,875 and pay direct to the creditor?

If so could the creditors agent still pursue the bankruptcy for their extortionate charges?

[42man]

I apologise Est you have said before it is personal.....pay as much as you can to bring it under the £750 mark if you can....i'd say you can still challenge the excessivness of the fees as well.....

[est1234]

Thank you 42man

 

"I apologise Est you have said before it is personal.....pay as much as you can to bring it under the £750 mark if you can....i'd say you can still challenge the excessivness of the fees as well....."

If I can get below the £750 amount that would mean that fees/interest were £1,885.00 on an amount of £5,8750. How would I challenge the fees as if it were under £750 then the Bankruptcy would be dismissed, and if the creditor then decided not to pursue, would I take out an action against them in the small claims to challenge the substantial/excessive fee?

[est1234]

HELP-HELP-HELP

Well things are getting really complicated offered the amount that takes the SD under 750, wouldn't give me Bank Account to pay this into and refused the amountand now told the petition was is issued and I'm gonna be served shortly, but they have now added;

(Care & Conduct Fee? + Process Server Fee SD + Process server fee Petition + Solicitors Agent fee) another 1,700 in total.

 

Help getting really worried now as fees have increased to 78% of original debt. If they won't give me an account can I pay into court against original SD?

Can they just add fees willy nilly, because at this rate I'll never get to an amount I can pay?

[est1234]

I've sent this letter to the creditor this morning and will speak with a legal adviser this morning, however not sure where I stand given that a petion has now been issued (but still not served). I have copied their solicitor and spoken with them last night.

A point I would like to clarify here is if I am served and then pay the full amount including the additional £1,700 prior to a hearing will it stop the petition?

[est1234]

This is the content of the thumbnail;

With relation to the above matter please find a cheque No: 000051 drawn against my account for the sum of £7,800 in response to your statutory demand requesting £8,509.08. I have on several occasions attempted to reach agreement with your agents regarding this matter, given the fees (detailed below) associated for collection I believe are excessive and indeed substantially increased the amount due.

 

Details of Statutory Demand

Invoice XXXXXX 5,875.00

Interest @ £2.09 per day 269.80

XXXX Collection fee 2,128.53

Statutory Demand 235.75

 

Total Amount Requested £8,509.08

 

 

I look forward to hearing from you with regard to this matter.

 

 

regards

Edited March 27, 2009 by est1234
Confidentiality

[42man]

There may be some rules you can use in the CPR for a potential case against them and their fees....but I would state at the top of the letter that the payment is EX-GRATIA

[42man]

I think A SAR might be a good idea too...(Subject Access Request)...

[42man]

And you are disputing the fees......

[est1234]

I unfortunately sent the letter prior to your last email, however I will mark the letter EX-Gratia on the email version which will arrive prior to the actual letter & cheque.

I believe I can dispute the fees after I have stopped the bankruptcy petition, still not been served as yet.

[est1234]

OK an update;

I have sent two cheques to the Creditor that satisfy the full amount of the SD. I emailed them to that effect today. I received an email response stating that they are returning my cheques and request that I pay an additional amount of 1,800.

The original SD was stated County Court "A" and this is where I swore my affidavit, they sent it to County Court "B" because "A" is not my jurisdiction, who dismissed my set a side on 17th (I received notification from "B" of this on 21st, postmarked 19th).

However the creditor petition "A" and was granted it with a hearing dated Middle of May next. I have not been advised of this at all by "A".

In the mail today I also received a letter from a process server wanting to serve me this week.

I have offered to pay the full amount, have sent one cheque and another was on the way on 26th and today.

Gonna get down the solicitors but any advice would be helpful.

[tedney]

Hello est1234

I have had some SD's in the past! As you are trying to pay, not sure if this is to firm of solicitors or not, I would suggest that a third party (secretary!) telpehone the firm and obtain their bank account details in order to pay them direct into their account. If you bank on line so much the better. That way they have the money, you have proof of payment (from your bank), and it would be more difficult fror them to return. I paid one with two payments that way, and, although the case had a hearing, I only had to pay approx £600.00 fees on a £15,000.00 debt.

Just a suggestion.

[tedney]

Hello again

Also if you are responding to SD do not admit any debt. From my experience, court will side with issuer of demand. Even if you admit only part of debt, demand will not be set aside.

[est1234]

I'm afraid I have already admitted original debt but applied for set a side as the fees of £2000 plus from the debt collector substantially increased the amount by 36%, the judge dismissed my set aside, I checked with my County Court (who handled the set a side after having it dismissed who told me no application for a petition had been made please see below)

 

"I have sent two cheques to the Creditor that satisfy the full amount of the SD. I emailed them to that effect today. I received an email response stating that they are returning my cheques and request that I pay an additional amount of 1,800.

The original SD was stated County Court "A" and this is where I swore my affidavit, they sent it to County Court "B" because "A" is not my jurisdiction, who dismissed my set a side on 17th (I received notification from "B" of this on 21st, postmarked 19th).

However the creditor petition "A" and was granted it with a hearing dated Middle of May next. I have not been advised of this at all by "A".

In the mail today I also received a letter from a process server wanting to serve me this week.

I have offered to pay the full amount, have sent one cheque and another was on the way on 26th and today"

 

I now have the creditors bank details and will pay the full SD amount into their account tomorrow morning, however I'm not sure what to do about the additional £1,800 ontop of the SD demand.

 

Any thoughts.

 

 

[est1234]

The original amount of debt was £5,875, the SD was for some £8,500 and this additional amount would take it to over £10,000, given that I have tried to negoitiate making 3 different offers of payment since set aside was dismissed prior to paying the cheques.

[e28bigalbexley]

Hi Est

Sorry to see you have really been through it this bunch of monkeys.

I wonder who works out their charges (Paul Daniel's probably, just pulls a number out of a hat) There must be a way of getting them to show a breakdown of their charges.(Have you sent a SAR to them yet). If the letters are coming from a solicitor how about a phone call to the Law Society or whoever it is who regulates solicitors and explain to them that you feel their fees are excessive and they will not give you a breakdown of the fees which you feel is unreasonable.

I would still send them a SAR requesting all data they hold on you it would cost £10(not that you need the extra expense at the moment) but it should list their fees and if they still dont comply then its off to court.

 

AL

[tedney]

Hello again

I wouldn't pay the extra over the SD. That sum, unless the SD in section 8 says words to the effect that any further charges etc." Not sure of the legal postion on excessive charges, hopefully otheres more knowledgeable can answer that. Personally, I would only pay original debt, no inflated costs, especially if not on SD.

[est1234]

Hi bigal,

Well I'll do a Subject Access Request but who should I send it to;

Creditor or;

Creditors Solicitor or;

Creditors DCA (It's these charges I'm disputing, although they always refer me to the Solicitors)

Incidentally thanks for your time on this.