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

[1penny]

If you could pull the Court Order out again Penny and check it ...small print also...are there any further instructions..in the event the respondent fails to comply etc?

Hi Andy

 

I don't believe that there is any small print relating to further instructions in the event that respondent fails to comply.

I remember the judge saying that if they couldn't provide then that would be end of Sd

[AndyOrch]

Ok well the court should dismiss it...but check with them.

[1penny]

Then, make application to strike out claim under CPR Pt 3 rules on the grounds that Claimant/(your creditor) has not complied with the Court's Order dated (state date of Order and include the same served attached to your N244 (Application notice) - mark - "without a hearing".

 

 

 

 

Further, as requested by Andy, before you undertake any action, please post up the details of the Order that the Claimant has not complied with - word for word or scan in as a pdf doc.

 

 

Kind regards

 

 

The Mould

 

Hi The mould

 

Sorry to read about your own issues and wish you all the best.It is really appreciated that despite that you still help others.

 

I have the document at home but basically they were required to provide notice of assignment default notices statements of accounts , agreements etc.

They have failed to comply to the judge's instruction.

Just spoke to the court again and they advised me to write to the court ahead of listing certificate.

Judge is due to look at file and then make a decision.Court said everything is time stamped so he would see if they had filed late if at all.

On the basis of non compliance I feel that case should be dismissed and set aside granted.

 

 

regards and best wishes

 

Penny

[1penny]

Ok well the court should dismiss it...but check with them.

 

Hi Andy

 

I hope so

 

Regards

 

Penny

[The Mould]

Hi The mould

 

Sorry to read about your own issues and wish you all the best.It is really appreciated that despite that you still help others.

 

I have the document at home but basically they were required to provide notice of assignment default notices statements of accounts , agreements etc.

They have failed to comply to the judge's instruction.

Just spoke to the court again and they advised me to write to the court ahead of listing certificate.

Judge is due to look at file and then make a decision.Court said everything is time stamped so he would see if they had filed late if at all.

On the basis of non compliance I feel that case should be dismissed and set aside granted.

 

 

regards and best wishes

 

Penny

Thank you for your swift reply penny.

Then, as I have suggested/advised earlier on this matter; I would further advise that you attach a Draft Order to your N244 Application notice seeking a strike out of the claim under the CPR Pt 3 procedures and that such Draft Order ought to read as follows: (AMEND TO SUIT YOUR CASE - this applies to all Cag members reading this particular thread/case)

General form of judgment or order

In the (state name of Court) Claim No. (state claim no.)

Between:

Mrs XYZ Claimant

-and-

ABC Creditor Defendant

DRAFT ORDER

THE MASTER………………………………(leave blank) HAS READ the Defendant’s ( or Claimant’s – if you are a Claimant) application dated (state date of app here)

AND THE DOCUMENTS ON THE COURT FILE

OF THE COURT’S OWN INITIATIVE

IT IS ORDERED THAT:-

 

1. Unless the Claimant complies with the Court Order dated (state the date here) within 7 days from the date of service of this Order upon him, his claim shall be disallowed and struck out without further Order.
   

 

1. The parties have permission to apply not more than 7 days after the date of service of this Order on them to set aside, vary or stay this Order.
   
   

In the top right-hand side of application – state the name of the Court; Case No.; Claimant’s name and include his sols ref (if he has representation); your name (as the Defendant in this case); and the date that you filled in the application (i.e. if you filled it out today – that date would be 29th January 2014).

Kind regards

The Mould

[1penny]

Thanks the Mould

 

Is an N244 free to submit and why give a further 7 days to comply? They have already had more than enough time and more importantly they have not complied with the order given by the judge.

If I was late submitting set aside docs I am sure as a LIP I wouldn't have a leg to stand on.

Just seems to me that they think they can abuse the process.

 

Appreciate your advice and trying to understand these processes as not faced this before.

 

 

regards

 

Penny

[AndyOrch]

No its £40 penny but if you check with Court the way I have advised the Court will dismiss without any further costs to yourself.You have already made application to set a side the SD...there is no claim to strike out...just a continuation of your initial application to set a side.

 

Regards

 

Andy

[1penny]

No its £40 penny but if you check with Court the way I have advised the Court will dismiss without any further costs to yourself.You have already made application to set a side the SD...there is no claim to strike out...just a continuation of your initial application to set a side.

 

Regards

 

Andy

 

Many thanks Andy

 

I will draft a letter and e-mail to the court and request the Statuary Demand to be dismissed.

Should I also submit my costs to the other party ?

 

Penny

Edited January 30, 2014 by Andyorch
edit

[AndyOrch]

Did you request costs within your initial application?

[1penny]

Did you request costs within your initial application?

Hi Andy

 

I didn't but costs were to be worn by the losing party.

 

I will draft a letter to the court this evening.

So should I just say in my letter that I politely request the judge to dismiss on the basis of the other party failing to comply ?

 

 

 

Penny

[The Mould]

Thanks the Mould

 

Is an N244 free to submit and why give a further 7 days to comply? They have already had more than enough time and more importantly they have not complied with the order given by the judge.

If I was late submitting set aside docs I am sure as a LIP I wouldn't have a leg to stand on.

Just seems to me that they think they can abuse the process.

 

 

 

 

Appreciate your advice and trying to understand these processes as not faced this before.

 

 

regards

 

Penny

 

 

 

Penny,

The Court will not deal with this matter by way of letters of correspondence!

The Court will do nothing until you make the required application (N244) setting out the grounds therein &/or serving evidence attached thereto in support of such seeking a strike out of the Claimant’s claim.

The fee for the app without a hearing is - £45.

In your case posted here, it is my understanding that the Claimant has a) failed to comply with your statutory rights and his statutory obligations afforded to you and imposed upon him under the CCA 1974 (as amended) Act, and also that; b) the Claimant has now failed to comply with the Court’s Order which imposed certain requirements upon him to supply you with (and the Court) with the requisite documentation which substantiated his claim and that he has failed to comply with the same.

Further, in respect of the above, unfortunately, it is now down to you to be pro-active and make the required app for a strike out of the claim against you.

The Draft Order that I posted for you is for the purposes of example only (each case will have its own set of circumstances); the format of such Draft Order is correct.

Upon receipt of such an app, the Court (Master or Judge) will review the same and the Court’s file on the matter, it may decide to strike out the Claimant’s action or it may well decide to afford the Claimant a further 7 to 14 days to comply with the said Order, failing which, his claim shall be struck out.

The Court has the ultimate discretion and power to deal with this matter (and all maters), the Court will, therefore, upon receipt of your required application, make a decision thereon having taken into account the maters on the Court file relating to the same.

I know that you want and believe that the claim ought to be struck out, given the Claimant’s intransigent conduct in this matter (and I fully agree with you that it should be struck out), however, it might be the case that the Court decides to issue the Claimant with an “Unless Order” in respect of your app - or, it may well be the case that the Court is in agreement with your app and make an Order that the Claimant’s claim is struck out without further Order.

Until and unless you make the said app, the Court will do nothing for you.

Kind regards

The Mould

[1penny]

It has been a while since I last posted.

I am pleased to say that this SD was set aside.

Many thanks to everybody that provided help and advice

[citizenB]

Oh well done and thank you for updating your thread.

 

I will amend your thread title.

[AndyOrch]

Delighted this has been resolved for you penny.

 

Regards

 

Andy

[1penny]

Hello

 

 

Early last year I had a Stat Demand from Lowell Portfolio set aside,

now I have received a letter from Lowell Financial who have purchased one of the debts that was included in the stat demand.

 

They have purchased from Lowell Portfolio so seems like an internal transaction ?

 

They were never able to provide a single piece of paperwork to back their Stat Demand request.

 

Just when I thought things were getting better........

 

Should I ignore for now ?

 

Penny

[AndyOrch]

Well of course ignore 1penny ...unless you want to ask them why they purchased it from themselves?

[1penny]

Hello Andy

 

haha - yes exactly my thoughts too !

 

Regards

 

Penny

[1penny]

Hello

 

I have received numerous letters and pre-legal assessment letters.

 

1 weeks ago I received a further pre legal assessment letter where they mentioned the next stage would be their solicitors sending me a letter before action letter followed by proceedings for a ccj etc.

They also offer me a discount of 30 pct and gave me a timeframe to contact them which I haven't.

 

Bearing in mind that this account was one of the ones included in the SD that I had set aside as they failed to produce a piece of paperwork and didn't respond to the judges instructions, how should I proceed here ?

 

Is there any need to request CCA again which I had already requested when I received the SD ?

 

If I receive the claimform can I mention the SD that was set aside for which this account was one of the three included ?

 

I have just started a new job so cannot afford to receive a CCJ.

 

 

At the same time I am very annoyed with Lowell to put me through this again.

 

I know I have beaten them already but makes me angry that I have to go through this again.

 

Any advice on how I should proceed before a claimform is received ?

 

1penny

[AndyOrch]

Lets wait and not speculate until you actually receive a claim penny.

 

Andy

[1penny]

Hello Andy

 

Ok, wasn't sure if doing something before a claim arrives would be better,

but since I sent them a CCA request 2 years ago and they didn't turn up with anything....

.....and their SD attempt failed.

 

They are offering a discount so perhaps shows that they know they won't get very far ?

 

Just got a new job after being unemployed for some considerable time so could do without this.

 

Will let you know if I receive anything further.

 

Regards

 

 

Penny

[citizenB]

Are any of these accounts due to be statute barred ?

[1penny]

Yes I believe that this particular account is due to be statue barred shortly.

 

 

 

 

Penny

[dx100uk]

that's your answer its becoming SB'd soon

they send out begging letters

in the hope that you fall

for the supposed ever increasing climb up an imaginary ladder

 

don't respond.

 

that's why they are doing it