SD received - 3 accounts on 1 SD - ** STAT DEMAND SET ASIDE **

[1penny]

Hello

 

Last week I received an SD for 3 accounts :-

 

1 - Overdraft (lots of charges)

2- Loan

3 Credit Card

 

Total is just over 9,000.00

 

I notice that part of the stat demand has been deleted which would notify me of my rights to seek legal advice.

 

I am waiting for CCA response to Loan & CC which I sent last week but not sure what I can ask for relating to the current account other than SAR the OC.

 

Any advice would be greatly appreciated

[Andyorch]

Take a read here penny for further information/forms required/and set a side a SD.

 

https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

 

Regards

 

Andy

[1penny]

Many thanks andyorch

 

Any comments regarding the part of the stat demand has been deleted which would notify me of my rights to seek legal advice ?

 

As a SAR will take up to 40 days for a response, how can I deal with the current account issue.

 

I am reading lots of information on this great site but it all seems a bit of a minefield

50pct of the balance is made up of charges

[Andyorch]

Have you never done a section 77/78 on the Loan and credit card previous to the SD?

[1penny]

Not that I can recall.

 

I have had lots of family issues so have been burying my head in the sand a little bit.

[Andyorch]

Pity ...if you had and they had not complied that would form grounds of your set a side...never the less you refer to unfair charges and the fact they deleted your rights to seek legal advice within the SD so that should form part of your affidavit to company your 6.4./6.5 forms.

[1penny]

Hello

 

Apologies for not responding but was struck down with Flu and now found my job is at risk at work.

 

Would really appreciate some pointers for forms 6.4/6.5.Do I need to go into great detail at this stage on these forms ? I have had a response to my CCA request from DCA solicitors and seems that they do not have any paperwork, they are having to go to the original OC. In the meantime my account is on hold.

 

 

At the moment my response will point to the SD having the part that would notify me of my rights to seek legal advice being omitted (not sure why they have done that) also accounts full of charges.

I am still waiting for full response to my CCA request.

 

Do I have to physically deliver these forms to the court or can I send registered post ?

At the moment it is very difficult for me to get time off work.

 

Appreciate any help

[Andyorch]

Worth a read penny it will answer all your queries.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-(Capital-One)-***-WON-COSTS-***

 

Regards

 

Andy

[1penny]

Hello andyorch

 

Appreciate your assistance so far.Just arrived in work so will continue this evening.

 

I intend to start the forms 6.4 & 6.5 tonight and have tomorrow to complete and deliver as next week will be impossible for me to get time off work.

 

so my grounds for set aside will be :-

 

Disputing the amount (lots of charges)

No response yet from CCA request (other than letter confirming acc is on hold whilst they try to obtain documents). Is this an abuse of the system since they should have this info before sendng an SD?

Also I mentioned in my earlier post regarding the part of the SD that would notify me of my rights to seek legal advice being omitted (not sure why they have done that) - how should I word this ?

 

 

Just anxious that I get this done properly.

 

any more pointers would be greatfully appreciated. Feeling a bit down with this along with the threat of redundancy looming

[DonkeyB]

The account is NOT on ‘hold’. That is a fib. You must have the SD set aside within the timeframe. When exactly was it served?

 

Is this Lowell?

[1penny]

Hello DonkeyB

 

Yes Lowell

 

It was posted through my letterbox late afternoon Friday 11th Oct

 

Plan to get this done tonight as I can't get away from work next week to get t the court

[The Mould]

Hello

 

Last week I received an SD for 3 accounts :-

 

1 - Overdraft (lots of charges)

2- Loan

3 Credit Card

 

Total is just over 9,000.00

 

I notice that part of the stat demand has been deleted which would notify me of my rights to seek legal advice.

 

I am waiting for CCA response to Loan & CC which I sent last week but not sure what I can ask for relating to the current account other than SAR the OC.

 

Any advice would be greatly appreciated

 

Your Defence for set aside is;

Creditor has failed to comply with his statrutory dutiespursuant to s.78 of CCA 1974 (as amended) as per my request made under thesame, which is served attached hereto and I respectfully invite this Court toread, because of creditor’s said failure to comply with the same he is not, asa matter of law, entitled to proceed to enforce the credit agreement he reliesupon.

Further, no valid statutory default notice has been servedby the creditor in relation to this statutory demand, under s.87(1) thecreditor is under a statutory duty to serve a valid default notice upon thedebtor, the notice must comply with the provisions of said section of thestatute and is a perquisite to enforcement proceedings; as of the date hereof, no such statutorydefault notice has been served by the creditor.

Further, the credit agreement relied upon by the creditorhas mis-sold ppi thereon, this would entitle me to a defence set off againstthe amount claimed by the creditor thereunder. The said credit agreement relied upon by the creditor is in dispute andthe sum amount owed to me thereunder as regards the mis-sold ppi element is notestablished as of the date hereof.

In the light of the forgoing, the amount claimed in thestatutory demand is disputed on the grounds enumerated above and it is averredthat the creditor is entitled to the amount claimed in the demand as alleged orat all.

The statutory demand is, therefore, denied in its entiretyand the creditor is put to the strictest proof as to establishing his rightsclaimed therein.

The above is purely my suggestion, some of the materialposted may be irrelevant to your case, therefore, amend to suit the circumstances of your case.

Kind regards

The Mould

[The Mould]

Section 77/78 CCA 1974 (as amended) is what I meant to say.

 

Kind regards

 

The Mould

[The Mould]

Your Defence for set aside is;

Creditor has failed to comply with his statrutory dutiespursuant to s.78 of CCA 1974 (as amended) as per my request made under thesame, which is served attached hereto and I respectfully invite this Court toread, because of creditor’s said failure to comply with the same he is not, asa matter of law, entitled to proceed to enforce the credit agreement he reliesupon.

Further, no valid statutory default notice has been servedby the creditor in relation to this statutory demand, under s.87(1) thecreditor is under a statutory duty to serve a valid default notice upon thedebtor, the notice must comply with the provisions of said section of thestatute and is a perquisite to enforcement proceedings; as of the date hereof, no such statutorydefault notice has been served by the creditor.

Further, the credit agreement relied upon by the creditorhas mis-sold ppi thereon, this would entitle me to a defence set off againstthe amount claimed by the creditor thereunder. The said credit agreement relied upon by the creditor is in dispute andthe sum amount owed to me thereunder as regards the mis-sold ppi element is notestablished as of the date hereof.

In the light of the forgoing, the amount claimed in thestatutory demand is disputed on the grounds enumerated above and it is averredthat the creditor is NOT entitled to the amount claimed in the demand as alleged orat all.

The statutory demand is, therefore, denied in its entiretyand the creditor is put to the strictest proof as to establishing his rightsclaimed therein.

The above is purely my suggestion, some of the materialposted may be irrelevant to your case, therefore, amend to suit the circumstances of your case.

Kind regards

The Mould

 

Highlighted error in RED CAPITALS above.

 

Kind regards

 

The Mould

[1penny]

Hello The Mould

 

Have just logged on as got in late from work tonight.

 

Really appreciate your input above.

 

Is there anything that I can comment regarding the part of the SD that would notify me of my rights to seek legal advice being omitted ?

Seems strange that this part is missing. Can I add this as abusing the system by using an SD as a debt collecting tool ?

I have read that other DCA's have got in to trouble for this ?

 

I have filled in the 6.4 using guidance from another post and intend to complete 6.5 tomorrow when my head will be clearer.

I need to complete and deliver tomorrow as next week it will be impossible to get to the court to hand in the papers.

 

Penny

[1penny]

Good morning

 

I am now filling in my form 6.5.

 

Just a question, in the SD I have noticed that the date of Assignment is different to the sold date. Can anybody clarify.

Also in my 6.5 do I just need a brief statement. ie I don't need to refer to case law etc

[1penny]

long story but have had to send my forms in the post.

 

I spoke to court and they confirmed that this will be ok.

 

Sent guaranteed next day so will arrive in time.

Edited October 25, 2013 by 1penny

[1penny]

I have not had any other response from my CCA request other than my a/c is on hold.I submitted my forms 6.4 &6.5 in time for set aside.

 

Is there a letter that I should follow up with now that they are in default ?

 

Should they withdraw their SD on this basis ?

 

 

16 days have passed since my request was received by them.

[dpick]

Reading this thread above it would appear they have not now complied with your CCA request and this is ample ground for a set aside.

 

dpick

[DonkeyB]

Reading this thread above it would appear they have not now complied with your CCA request and this is ample ground for a set aside.

 

dpick

 

No, it was not, IMO. Forms are in anyway. Worth a mention though, in case of judge lottery.

 

The CCA request was made AFTER the SD was issued. Any decent judge would see that was an attempt at obfuscation. The judge would likely give them time to source the CCA as it was requested after the SD was issued.

 

The proper defence to this SD should have been the omission of statutory information in the SD, and any charges/PPI on the account that make the alleged balance wrong and which which would, therefore, be disputed.

[1penny]

Hello Donkey

 

Thanks Donkey - Yes your points were raised in my forms

[1penny]

Hello

 

I still have not received any response to my cca request other than that my account is on hold.

I submitted my set aside forms just in time and have rec'd a date for the hearing although trying to get the time off work to attend which is proving to be difficult.

 

What do I do in this situation ? should I send a letter advising default of my cca request ?

 

Regarding the date of the hearing - what happens if I cannot get time off work ?

 

Can I write to the court to request a change of date ?

[1penny]

I have my hearing set for next week. I still haven't received any paperwork relating to my cca request, only the standard letter confirming that my account is on hold. I received a 'Notice of Acting' letter.

 

What happens if I haven't been provided with any paperwork by the day of the hearing ?

 

 

I would really appreciate some advice re preparing for the hearing. Starting to feel anxious.

 

Penny

[Andyorch]

The Notice of Acting letter Penny what does that state?

 

Regards

 

Andy

[The Mould]

Good morning

 

I am now filling in my form 6.5.

 

Just a question, in the SD I have noticed that the date of Assignment is different to the sold date. Can anybody clarify.

Also in my 6.5 do I just need a brief statement. ie I don't need to refer to case law etc

 

If the notice of assignment is bad, then assignment has no effect in law. This woiuld mean that assignee holds no standing to bring this action.

 

Research - notice of assignment case law UK and you should find the authority you are looking for in this respect.

 

Kind regards

 

The Mould