Statutory Demand - help

[durfee]

Hi there, apologies I am newbie. I just wanted to know how to create a new thread. I have been issued (by hand) a notice of intention to serve a statutory demand (I think it's go debt) and the said debt is about to go statute barred as it is 5 years and 9 months since the last time I ever had any contact with them.

 

I can't seem to find the link to create a new thread. Can anybody assist please?

 

grateful for the help

[dx100uk]

done it for you post here

 

tell us the history please and name names

 

dx

[durfee]

Thanks dx100uk, much appreciated..

 

Here goes. I have been served with a letter (delivered by hand) from Grosvenor on behalf of godebt which says:

 

Re: Go Debt Ltd v XXXXX. Dear XXXXX, I have been directed to serve you with a statutory demand issued under Insolvency act 1986. I have already attended at your address and been unable to meet with you (I don't live there anymore). I have to inform you that I willl attend at the above address at the following time for the purpose of serving you personally with such documents. Date: 4th July 2011. It then goes on to leave a mobile number I should contact and then signed by the process server.

 

I left the country in 2005 with some degree of debt. egg card, mbna card, barclaycard, hsbc loan, dell finance. I was a bit younger and much more foolish back then. I never once missed a payment over a number of years, until it got out of hand and I couldn't afford it anymore. I think a lot of that debt got sold overseas as they cottoned on to the fact that I was overseas.

 

The only people that have been harassing me here are godebt (calls and letters) I think about an old dell laptop that I had on finance for about £1800 at the time. All the letters that I received I knew were from them because they were the only people to misspell the address. I would then get the letters sent back unopened with "return to sender, addressee no longer lives at this address".

 

All the debts on cards, the laptop etc were taken out circa 2003 and the last communication I had with any of them was circa August 2005, when phoning hsbc to explain I was in financial difficulty, but they were not at all interested...so I assume the heat is being put back on due to statute barred date coming up in literally 6-8 weeks. To my knowledge I have never been issued a CCJ either.

 

I have never sent a CCA request, nor am I sure exactly what debt this statutory demand is connected with.

 

My questions are:

 

1) Should I wait until the statutory demand is issued on the 4th of July, then send off a CCA request when I know what it is about?

 

2) If the statutory demand is issued, then should I try and have it set aside (on what grounds I am not sure, since I am not sure what debt it is about)

 

3) As the statute barred date is coming up soon, should I just wait and then send a statute barred letter? I am not sure exactly what date, but the last contact I had with any of them was August 2005 as I mentioned before.

 

I suffered a bad accident (now right hand disabled due to finger amputation) and am at uni studying. I live in rented accommodation, and have no assets whatsoever and no money. I am married with two children and we are on benefits and struggling to scrape through as it is but living a much more sensible life than all those years ago, and studying very hard to create opportunity for myself and my family.

 

Really am extremely grateful to have landed upon CAG as I have learnt so much but as every situation is different I am still in need of advice. Any help greatly appreciated.

[raydetinu]

I suggest you make an appointment with the CAB or a solicitor to sort out and respond to the SD, which you must ( you have 18 days to respond ) or they can start court proceedings, which may lead to bankrupcy!

however as it will cost them money to do this and if you have no assets, it would not make sense for them to proceed; so probably just scare tactics and keeping the debt from being SB.

[durfee]

Hi, many thanks for your reply...this letter they have served me is not an SD (yet), it is a notice of intention to serve the SD on 4th July 2011. So in the meantime, if it is a scare tactic, should I just wait and see if they serve the SD? thanks again, I think this forum is amazing.

[durfee]

Also wanted to know where is the best place I can find out credit report information held about me online with experien / equifax? Will it tell me in this report whether debt is statute barred or not? thanks in advance...

[raydetinu]

you dont need to do that; it will be statute barred if no acknowledgement of the debt, payment or attempt at recovery has been made in the last six years.

[durfee]

what is defined as an attempt to recover the debt? If its a simple letter,, then I have received lots of those, most of which were sent back with "no longer lives at this address, return to sender". Other than that, I have since August 2005 never acknowledged the debt or made a payment. So at this stage should I just wait to see if the SD is issued?

[raydetinu]

I would think so, dont contact them yet.

no harm in speaking to CAB in the meantime in case you do have to defend it.

[durfee]

Request for advice again...

 

I received the statutory demand letter today, delivered by hand.

 

It reads "The creditor claims against you the sum of XXXX pursuant to a hire agreement dated 19/01/05 agreement number XXXXXXXXX

 

What should I do now. As it is over 6 years old, should I immediately send a statute barred letter and also try to have the statutory demand set aside due to it being statute barred as well? If it is for the debt I think it was for, it has also pretty much doubled in amount!

 

Grateful for advice please...

[durfee]

I have been served by hand delivery a statutory demand for a hire purchase loan taken out mid-late Jan 2005. It is for approx £2500. I have never to my knowledge had any ccj's etc. My last contact/payment was around mid july 2005. Should I first send a CCA request letter and do nothing about the SD? Not sure how to respond to the SD? Please help.

[maroondevo52]

Thread moved.

[durfee]

Thread moved.

Where to?

[dx100uk]

here

 

does it show on your cra?

 

dx

[dx100uk]

please keep to one thread

 

threads merged

 

dx

[durfee]

If CRA means credit rating agency, then I am not sure. What is the best way of checking this? Is it the £2 service from Experian?

 

kind regards,

[raydetinu]

Yep, or you can log on line for free months trial, but remember to cancel the DD and service before they take any money.

[durfee]

Ok thanks I have ordered the CRA report. Am a little confused as to which letter to send first. SAR Request, CCA request or statute barred letter?? I am not sure of exactly 6 years has passed since I last made a payment. I think it will be 6 years in 2-3 weeks. Please advise, grateful for continued assistance as I am new to all this.

[42man]

If it was me in your position then I would first of all send a CCA request to them, make sure you send it recorded (keep receipt and copy of letter) enclose a postal order for £1, I would ALSO send a SAR request too, this will be £10 (again send a postal order) and send recorded....if it does go to court, then you have to show that you have made every reasonable attempt to gain information. As for the SD you need to get this set aside. And you have 18 days from when you received it to do this.....you need to get it set aside at the closest court to you (but check your loal court does actually handle bankruptcies as some don't). You'll need forms 6.4 (set aside) and (6.5) witness statement - please take a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand

 

You mention in post 10 what the demand says....is this all it says in the 'Particulars Of The Claim' ? or is there anything else....and please don't be too specific with dates/numbers etc

[durfee]

HI 42man, thanks much I am going to send CCA Request and SAR, but on what grounds am I trying to set the SD aside? I don't even know for sure what the debt is for yet? This is the only thing that really confuses me at this stage...what to actually do with this SD.

[42man]

You mentioned above that you recall the debt is for an old Dell Laptop ? And you can only do what is suggested above if you haven't received the actual stat demand as yet....when it does come though then please type up the POC's (Particulars Of The Claim) on here, but don't be specific with dates, amounts etc...

[durfee]

Hi 42man,

 

I have received the SD, it was delivered by hand. What do you mean by the "particulars of the demand"? There are 3 pages to it. 1st page starts with Rule 6.1 Statutory Demand under section 268(1) of the Insolvency act 1986, then there is a "warning" box, then there is a section entitled "demand" with mt details and the creditors details. On page 2 there is a section enetitled "schedule" with debt owed amounts (at least twice what the original loan was for), after which it states "appropriate court for setting aside demand" and then a "part b" regarding individuals I need to communicate with. On 3rd page "part C" - for completion of the creditor is entitled to the debt by way of assignment and it then goes on "how to comply with a statutory demand or have it set aside". Please let me know what information you are after insofar as POC is concerned and I will type up ASAP.

 

Now that I have been issued with the SD, is there any point in me sending the CCA request / SAR now? so confused...

[42man]

I put in a link in post 19 above, please read it....on the demand there should be a box which says 'PARTICULARS OF THE CLAIM'. And if you want to fight this then you ,must send off a CCA request and a SAR....

[durfee]

Hi 42man,

 

No box with "particulars of claim". As far as headings are concerned, there is only "warning" "demand" "schedule" "appropriate court for setting aside demand" "part B" "part C" and "how to comply with a statutory demand or have it set aside (ACT WITHIN 18 DAYS)". Nowhere on the document is there any mention of "particulars of claim". In anycase I will send off the CCA request and SAR tomorow. Is it ok to combine the two in one letter, with two P.O's? Do I then wait for a reply, or should I go to courts with appropriately filled out documents to set aside SD immediately? Thanks again, huge help 42man.

[42man]

Are you able to scan up all the paperwork and post it up here ? (minus the personal details, amounts, dates etc) use photobucket.com if need be (free)