New Forest Finance Statutory Demand

[kuntagc]

I have today received a Statutory Demand via First Class post with an amount that has left me in shock. The following are the images of the demand .

 

http://i161.photobucket.com/albums/t217/flyprince1/IMAG1409.jpg

http://i161.photobucket.com/albums/t217/flyprince1/IMAG1410.jpg

http://i161.photobucket.com/albums/t217/flyprince1/IMAG1411.jpg

http://i161.photobucket.com/albums/t217/flyprince1/IMAG1412.jpg

 

I had totally forgot about this payday loan which i do not remember the amount which i think should be about £150 or £200.

I have had no contact with these people at all since 2009.

I have not requested any documents or statements from them.

 

I am in total panick I dont know what to do. I have tried to read other people's posts here but my circumstances i think are different because i have not offered to pay before or dispute the loan.

I did not receive any default notice.

 

PLEASE HELP BEFORE I GO CRAZY!! THANK YOU.

[42man]

OK don't panic, please try and relax....can I come back to you a little later please ?

[42man]

Firstly can you please send them a letter by recorded delivery.

 

Dear Sir / Madam

 

I am in receipt of your statutory demand which was sent by first class post and received by me on (date)

 

I am totally disputing the amount you are claiming

 

Although I am not in the habit of litigating via email, it is my intention to set aside this frivolous demand in my local court where I will be claiming my costs, your statutory demand is a blatant attempt at frightening me into paying, and is obviously being used as a debt collection tool

 

Apart from several abuses of process of the insolvency laws, you are also in breach of the Consumer Protection From Unfair Regulations 2008, I will also be sending this demand to the Office Of Fair Trading and sending it to my local MP with a cc to Stella Creasey MP.

 

I now require a full breakdown of how the alleged debt is made up. including copies of the default notice and subsequent termination notice. If you fail to provide this to me by post within 7 days, when the matter of costs arises in court I will have no hesitation in showing this letter which will highlight in my witness statement your company's behaviour.

 

I trust this makes my position completely clear.

 

Yours faithfully.

 

Type don't hand sign

[kuntagc]

thank you 42man I am sending the letter recorded today. 2 more questions though.

 

1. Does this affect my time to respond to the demand ifthey are serious about it?

2. This was a payday loan should i include the line about the termination notice?

 

many thanks.

[42man]

I can tell you now, that when you go to court to set this aside, the judge will not be happy with this dreadful company.....

[42man]

The letter shows that you are no pushover and you will not be bullied by a company who are prepared to abuse the insolvency service.

 

The fact that they have made no attempt at personal service fits extremely well with this high court judgment.

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly.

[kuntagc]

Thank you i will be updating you. The recorded delivery is going to be sent today.

[42man]

If you don't get any response within 7 days then we can formulate your witness statement (even if you do get a response within 7 days) we will formulate a witness statement, are you happy to go to court to show a judge just how upset and angry you are at having to deal with this ?

[kuntagc]

yes I am very happy to go to Court. I will diarise 7 days from now!

Many many many thanks (a bit calmer now)

[Ell-enn]

Do try to stay calm and focussed. You are in excellent hands with 42man

 

Make sure you keep a copy of the letter and then a couple of days after posting check on the royalmail website to print off the signed for receipt - staple that to your copy letter and keep in a safe place in case you need to prove they received it.

[scottybhoy]

Good luck Cam, lets get stuck into them with both feet! My thread on this is here: http://www.consumeractiongroup.co.uk/forum/showthread.php?365170-New-Forest-Finance-Statutory-Demand

[kuntagc]

exactly 7 days later I have received the following email from Swiftmoney. What do I do next?

 

21st September 2012

 

Dear xxxxxxxx

 

With reference to your letter dated 13th September 2012. We are aware that the wording from this letter has been downloaded from a computer website / blog. We have received this same letter several times before and should make you aware that it has been tested in court and has always been ruled in our favour.

 

The amount due is based on the wording within the credit agreement that you signed. The wording is clear and transparent and is perfectly legal and agreed by the OFT during one of their compliance visits.

 

A more sensible course of action would be to call or email us immediately and agree a repayment plan. If you adhere to the agreed plan, we will give you a substantial discount on the debt.

 

We understand that events in people's lives can result in you being unable to meet your financial commitments.

 

We are a relatively small and friendly finance company. Most people that have a problem paying their loan call us and agree a repayment plan that they can afford and repay their loan over several months. You did not do this and have deliberately avoided us which has resulted in this action. We will not tolerate this behaviour.

 

Call us now on 01202 944250 and have a friendly conversation with us and agree a repayment plan that you can afford.

 

Yours sincerely

 

 

 

 

Swift Money

[42man]

Forward it straight to the OFT,

 

"We have received this same letter several times before and should make you aware that it has been tested in court and has always been ruled in our favour." - This is a very deceptive statement as each case is different

 

You have clearly asked for a breakdown of their charges, they have not provided this, their charges are pure penalties and I suspect that a half decent judge would throw out this demand, especially so as the onus is on THEM to prove that their penalties are not excessive.....

[42man]

It is completely clear that they have made no attempt whatsoever to serve the demand on you personally......

[kuntagc]

Should I write back to them or what should I do?

[42man]

I think you should make them an offer of whatever you can afford to pay back. And challenge them on the excessive fees/charges

[kuntagc]

I think you should make them an offer of whatever you can afford to pay back. And challenge them on the excessive fees/charges

 

Should I email them back or write a letter. What wording should I use?

[42man]

Dear Sirs / Madam

 

I am in receipt of your recent correspondence, The contents of which are noted. I am disputing the excessive fees / penalty charges which are NOT representative of the true and actual cost. I am also unhappy with your letter which I will be forwarding to the Office Of Fair Trading, it will highlight your use of a statutory demand as a debt collection tool, I'm sure I have no need to remind you that 1st Credit and Connaught had restrictions imposed on them back in 2009 for behaving in exactly the same way.

 

If for any reason you do not adjust your excessive fees / penalty charges then I will have no hesitation in opening a case with the Financial Ombudsman who I understand will charge you £450 just to investigate your complaint.

 

Under the circumstances I am happy to pay back the capital plus one months interest on a monthly basis, I hereby propose to pay back £XX on a (weekly/monthly) basis. On this basis I would like confirmation that you are withdrawing any action involving the insolvency process. If you do not confirm this I will have no hesitation in setting aside the demand at my local court. As has been spelled out I will highlight your excessive fees / penalites, your behaviour which is clearly in breach of CPUTR2008.

 

I will await your response.

[Guest]

kuntagc

you say shld be around 200? demand is for around 4k!?

[kuntagc]

yes Ford. it was originally approx 200 now they want 4000.

[kuntagc]

42man i have had another response by email . It looks like I may have to go to Court. It looks like they are saying if I offerto pay the full capital amount as at that time they may consider. Or did i read it wrong?

 

Dear xxxxxxxx

 

I am in receipt of your email.

 

You entered into a credit agreement with us over 3 years ago and have failed to make any payments at all since taking out the loan despite making numerous promises. Our credit agreement is very transparent. We clearly state our charges and the charges that are made in the event of late or non-payment. You clearly believe that these do not apply to you and that you can simply ignore the terms of the loan. I am afraid that neither the OFT or the financial ombudsman

are sympathetic towards people who borrow money and make no attempt to pay it back, but make various promises to pay and set up payment arrangements that they do not honour.

 

We have attempted to set up numerous payment arrangements with you but you have not adhered to any of them. You state that you intend to complain to the OFT and the financial ombudsman. If that is the route you wish to take, go ahead, it is your right. It is not the direction we would like you go, but accept it, if that is the action you wish to take. We would always prefer to reach an amicable arrangement with our debtors. We try to make arrangements with our debtors that are fair and affordable. In your case we have made several agreements with you that were fair and you said that they were affordable but you have failed to adhere to any of them. Our file is fully documented with details of the agreements that we have set up with you and all conversations and emails that have exchanged between us. Once we we have tried to sort out the debt amicably, as in your case and you fail to adhere to the agreement, then we have to resort to other means.

 

We are well within our rights to make charges in accordance with the terms and conditions of the agreement that you have signed. We are legally able to choose whatever form of legal action we want to take against bad debtors. If a debt is in excess of £750, as in your case, we choose to issue a statutory demand. It is not a method of our debt negotiation process as you are suggesting. We will negotiate with you and try to reach an amicable settlement as we do in most cases where we have issued a statutory demand. You also have the right to take the action that you are threatening us with, if that is the route you choose.

 

Don't you think that it would be better to try and reach an agreement that is acceptable to both of us. We note that you have made an offer to us in your email. Unfortunately your offer is unacceptable. We would consider a payment of £20.00 per month if that is all you can afford, but certainly not the total amount offered when you borrowed the money over 3 years ago. Had you made that offer as a single payment, payable immediately we would have given it due consideration and you may decide that you wish to make such an offer. If we do not reach an agreement within the 21 days specified in the statutory demand, then I am afraid we are going to apply for a bankruptcy order.

 

If you want to improve your offer within the 21 day period we will give it due and fair consideration. You have our telephone number, 01202 944250, you may talk to us anytime and try to reach an agreement. We find that this is always the best way to reach an agreement. Unfortunately, we cannot phone you as we do not have a current number for you.

 

Regards

 

Swift Money

 

 

 

 

 

 

 

 

 

 

Regards,

 

Swift Money

Customer Services

 

Tel: 0845 508 6408

Fax: 0871 288 3731*

Email: info@swiftmoney.co.uk

 

Edited September 24, 2012 by 42man

[Bandit127]

So far this thread is on the back foot and we are playing the tune of the piper. We need to change the tune.

 

1. Bear in mind the SD was (seemingly) not properly served. 1st class post means the creditor is unlikely to be serious about a BR petition. Either that or they are complete amateurs and they will be exposed as such very shortly.

2. SAR the OC NOW. Get the data you need to get your ducks in a row. Waste no time on this.

3. Get a CCA request in to New Forest. Include the requirement for a full statement of account, including all credits, debits and charges. It could buy you time...

 

This is a frivolous application. Us caggers need to find a way to expose that for what it is and pave the way for a successful defence should New Forest actually follow up.

 

Hold on the complaints to OFT etc. Save the energy for ring fencing this rubbish. You have plenty of time to follow up with complaints after...

Edited September 21, 2012 by Bandit127

[kuntagc]

If i make a SAR then the 21 days of the SD will expire...I am a little bit confused on what to do now. My 21 days expires friday after next.

[Guest]

in the meantime, do a cca request now? 14 days for that.

[Bandit127]

Make a SAR anyway. The petition process will very likely take a lot longer than 21 days if you take 42mans advice. I haven't yet read an account of a SD that was defended and went to petition before the results of a SAR was in.

 

Plus the letter above (post 21) seems to have a very different tone to it than the previous ones. I hope you noticed that.

 

SAR Swift Money (assuming they are the original creditor). And CCA New Forest.

 

14 days for the CCA and 40 days for the SAR. You should have more time than that before you have to face a petition hearing.