Statutory Demand - advice please.

[Guest]

seasun

as raydetinu reminds, according to letter in your first post, you have not actually been served with a SD but rather just their 'intention' to serve one (or have they since served one?)

so, if they do serve one then would need to consider setting it aside in time (see the links i previously posted for eg)

imo

[Seasun]

A statutory demand was received from the creditor's solicitor. They have acknowledged the S78 CCA request and said there is need to write to them whilst they deal with the matter.

 

Does the set-aside have to be applied for to the court?

 

We have an appointment with Citizens Advice next week.

[ims21]

Hi

 

When was the SD received? You will now know the creditor and the amount.

 

Who is it and how much?

 

ims

[Guest]

ok. so, you are now saying that since that letter in your first post, they have actually gone on to serve an SD. note the time limits re setting aside. (no offence, but you'll need to be more forthcoming with relevant info, eg that you have now actually received an SD, in order to get the appropriate help)

yes, would need to apply to the court (did you read the links i posted?)

they would need to send a copy of the original and/or a true/accurate 'reconstruction' in re of your cca request within the statutory time limit.

imo

Edited June 25, 2011 by Ford
typo

[payingonlyencouragesthem]

A statutory demand was received from the creditor's solicitor. They have acknowledged the S78 CCA request and said there is need to write to them whilst they deal with the matter.

 

Does the set-aside have to be applied for to the court?

 

We have an appointment with Citizens Advice next week.

 

There are generally 3 types of SD issuers: 1)The Capquest pure hot air type who just want to frighten you into paying something to reset the Statute Bar clock, 2)someone who knows you've got money/assets and wants to force payment and 3)someone who wants to force you to show all your cards so they can shake you down for the max poss payoff. Nobody really wants to go the whole hog and pay your bankruptcy expenses(although they may well do so if you fail to respond). I suspect that this creditor falls into the number 3 category. If you can tell us who it is we can advise on the next step.

Edited June 25, 2011 by payingonlyencouragesthem

[Seasun]

I'll need to confirm with the OH before posting the name of the creditor and amount.

I read the security info which advises not posting details which easily allow the creditor to identify the account. If details are posted of exactly when a Stat Demand was served, together with the creditor, solicitor and amount claimed it would not be difficult for the creditor to identify the case. I don't want to reduce the useful advice that we are most grateful for, but are ALL of those details absolutely necessary?

[raydetinu]

claimant wiil be on SD and what they want will be stated.

you have 18 days to repond or they may start insolvency petition in 21 days from SD.

[Guest]

I'll need to confirm with the OH before posting the name of the creditor and amount.

I read the security info which advises not posting details which easily allow the creditor to identify the account. If details are posted of exactly when a Stat Demand was served, together with the creditor, solicitor and amount claimed it would not be difficult for the creditor to identify the case. I don't want to reduce the useful advice that we are most grateful for, but are ALL of those details absolutely necessary?

 

you could've at least previously said that an actual SD had been served since the letter in your first post!! good luck.

Edited June 25, 2011 by Ford
typo

[payingonlyencouragesthem]

I'll need to confirm with the OH before posting the name of the creditor and amount.

I read the security info which advises not posting details which easily allow the creditor to identify the account. If details are posted of exactly when a Stat Demand was served, together with the creditor, solicitor and amount claimed it would not be difficult for the creditor to identify the case. I don't want to reduce the useful advice that we are most grateful for, but are ALL of those details absolutely necessary?

 

We just need to know who the creditor is to take the initial step, certainly don't publicly or privately post any info that could be used to identify you.

[Undercover-Elsa]

Hi Seasun,

If you could indicate at least, the type of debt..eg credit card/loan, HP, the approx year it was taken out (before April 2007?) , the approx figure (just whether above £750 or above £5K, and whether it's likely to be more than 6 years (5 in Scotland) since you last paid anything.

Other things you need to consider are whether there was any potentially missold PPI or unfair charges, whether you received a Notice of Assignment if it's been sold on, and whether a valid Default Notice was issued (without which they cannot enforce) - assuming it's an agreement regulated by the CCA.

[Seasun]

you could've at least previously said that an actual SD had been served since the letter in your first post!! good luck.

 

I did say a SD had been received, please look at post #24

"The suggestions to request CCA were received after Stat Demand was delivered".

 

I am sorry I did not make it clearer and do appreciate that you are trying to help.

[Seasun]

Hi Seasun,

If you could indicate at least, the type of debt..eg credit card/loan, HP, the approx year it was taken out (before April 2007?) , the approx figure (just whether above £750 or above £5K, and whether it's likely to be more than 6 years (5 in Scotland) since you last paid anything.

Other things you need to consider are whether there was any potentially missold PPI or unfair charges, whether you received a Notice of Assignment if it's been sold on, and whether a valid Default Notice was issued (without which they cannot enforce) - assuming it's an agreement regulated by the CCA.

Credit card debt opened 2004 (awaiting the S78 CCA response)

amount is over £1.5K, less than £3K

last payment approx 1 year ago

No PPI, just a few late charges

 

No notice of assigment, but DCA letter says they "bought the outstanding balance you had with xxx original creditor".

The Stat Demand says "The rights and benefits of the said account were duly assigned from (OC) to the creditor by way of a debt sale agreement dated xxxxx and notice of assignment having been served upon the debtor by the creditor on xxxxx in accordance with the provisions of section 136 of the law of property act 1925"

 

We don't have a copy of the "debt sale agreement" or a "notice of assignment". The last time the OC wrote was about a year ago well before the Stat Damand claims the debt was sold. Should I request a NOA from the Original Creditor to see if was done properly?

 

The Default Notice from the OC has several faults according to CAG forums. I can scan and post it up. It doesn't give a date for remedy but says "you must pay the amount shown above within 28 days of the date of this letter".

 

Lastly, I can post the OC, DCA and Solicitor names but I am worried that they will easily be able to identify the case. We are happy to do that in order to get CAG's much appreciated help, but isn't there a great danger of alerting the DCA. Perhaps it is just a balancing act? Does it matter if they do identify it?

Edited June 27, 2011 by Seasun

[citizenB]

The fact that the DN states "within 28 days" is likely to make any date issue irrelevant.

 

If the DN demanded that you paid the whole balance instead of arrears then that would be a dodgy DN.

[citizenB]

Yes or no..

 

Are these Bryan Carter / Capquest ??

[raydetinu]

You defo need to do SAR to get all paperwork, without Notice of assignment from original creditor how can you acknowledge new creditor or DCA, to you they are nothing.

Watch it tho they may send one, and have habbit of changing dates or even undated.

[42man]

You might also find this thread useful too - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

[Seasun]

Yes or no..

 

Are these Bryan Carter / Capquest ??

 

Neither.

 

Will have to get ok from my OH to reveal.

 

Have read Stat Demand info and some topics on CAG:

 

We don't have CCA from the DCA, have sent S78 CCA request to them. I think on same day SD was served, but if later does it matter?

 

The OC's Default Notice does not specify a date for remedy, plus lots more errors.

 

The DCA says they bought account but we don't have an assignment notice or copy of the sale information. Is a letter saying "we bought the account" without specifying a date sufficient, should the OC have sent a Notice of Assignment. We can SAR them now but the 40 Days is much more than we have to deal with the Statutory Demand.

 

So how can we know whether the DCA has bought a valid debt unless they provide that info to us?

[Seasun]

The fact that the DN states "within 28 days" is likely to make any date issue irrelevant.

 

If the DN demanded that you paid the whole balance instead of arrears then that would be a dodgy DN.

 

"The fact that the DN states "within 28 days" is likely to make any date issue irrelevant. "

Does that mean that not giving an actual date is ok and the DN is probably valid?

 

"If the DN demanded that you paid the whole balance instead of arrears then that would be a dodgy DN"

It only demanded the arrears

[42man]

At a guess it is either Connaught, Lowells or Hamptons, As for the SAR then you have to show that you have made every reasonable effort to gain information, especially so if you are defending....good that you got the CCA request off, but one other option is to send a CPR 31.14 request, now although the Civil Proceudre Rules only apply in Civil Cases and not insolvency law, then the judge can make dispensation for it....there is one other thread on these forums where the stat demand was dismissed due to non compliance with the CPR's - take a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage ...this means sending the CPR31.14 request off by recorded delivery and the letter MUST be inline with the particualrs of claim on the demand itself....BUT you will have to edit the guideline letter..

[Seasun]

My OH asked me to pose these questions directly assuming the DCA will easily suss out the case once we confirm names:

 

Q - Will it prejudice my OH in any way or help the DCA in their actions if we reveal the name of the OC, DCA and their solicitor? Isn't is helping them by revealing our knowledge and likely strategies?

 

Q - Is the CAG advice likely to be better if we do reveal those details?

 

Site team, please would you answer as posts indicate that the DCA's have people closely monitoring the threads and my OH is really unsure what to do for the best