carter Statutory Demand for Egg debt **CLAIM DROPPED**

[linz2011]

Hi

 

I have just received a stat demand which was delivered by courier from Bryan Carter for Egg - I have rung them and they will not discuss it with me and said a bankruptcy order is going ahead and the only way I can stop this is full payment £14k - if not received they will make me bankrupt????

 

Please help

[payingonlyencouragesthem]

This you will need to get set aside, on the grounds that you dispute at least part of the debt due to unlawful charges. CCA and SAR Smegg (via Bryan Carter)and bring evidence that you have done this to the set aside hearing. If you are very lucky they may back off at this request but Smegg normally manage to produce something that will pass as an agreement. Are you a home owner?

[linz2011]

yes I am a homeowner, they issued a County court claim months ago which I disputed and they sent me a letter saying they are no longer going ahead as long as I make a suitable arrangement - I did and missed a couple of payments then received this?

 

I feel sick.....

[payingonlyencouragesthem]

CCA and SAR them now. There must of been a reason they backed off the CCJ route and I suspect you might have one of those early Egg accounts with no agreement.

[linz2011]

yeah but I have just bloody signed for the stat demand and they now have my signature - i already have a SAR pending with Egg shall I just send the CCA to Bryan Carter and do I then need to apply to have the stat demand set aside?

 

thanks very much for your help

[payingonlyencouragesthem]

shall I just send the CCA to Bryan Carter and do I then need to apply to have the stat demand set aside?

 

thanks very much for your help

 

Yes on both counts. Don't gamble on the CCA solving the problem but hopefully it will. As long as you convince the court that a triable issue exists you will get a set aside. Carters are probably trying to panic you into taking out a secured loan to pay them off.

[linz2011]

thanks - do you think I should continue to pay what was agreed initially? perhaps bring it up to date and continue?

[payingonlyencouragesthem]

It would look much better at the set aside hearing if you had cleared up the arrears so yes do that if you can.

[linz2011]

have you any idea what to put on the set aside - is there a template on here for that?

 

thanks

[gizmo111]

Have a read here

 

Have you other debts? How much equity do you have?

[rbrears]

Just to clarify a little. If you can only show that the debt on the stat demand is disputed in part they will still be able to proceed to bankruptcy on any undisputed part of the debt over £750. A set aside is not usually granted unless the whole debt is disputed.

 

The other way to avoid bankruptcy is to offer security for the debt - i.e. let them secure it against your house (and you will see that the stat demand states that the debt is unsecured and undisputed). As long as this was linked to a payment plan agreement it might be suitable. You cannot be made bankrupt for a secured debt (unless the creditor releases the security first).

[linz2011]

Hi Gizmo

 

I have £50k equity and about £80K unsecured debt - nothing secured on the property

 

thanks

[linz2011]

does anyone have any idea on the timescales what the procedure is etc

 

thanks

[gizmo111]

Hi Gizmo

 

I have £50k equity and about £80K unsecured debt - nothing secured on the property

 

thanks

 

Is this all in your sole name?

 

does anyone have any idea on the timescales what the procedure is etc

 

thanks

 

The link I gave above has some good stuff in it.

[sequenci]

After the statutory demand has been served (and not challeneged), they can (after 3 weeks) issue you (and the court) with a creditor's petition for bankruptcy proceedings.

 

*IMPORTANT*

 

You can please tell me more about the court judgement, there might be something we can do.

[linz2011]

Hi the mortgage is in joint names and the debts are in my sole name - hubby also has debts in his own name

[linz2011]

Hi sequenci - the ccj was issued for about £700 but the debt is £14k - it came from Bryan Carter and I just logged on via MCOL (this was all prior to me knowing about CAG) and just wrote I have no idea what this debt is for and would appreciate more information. Then received a letter saying they were not pursuing it and if I come to a satisfactory arrangment that would be fine?

[sequenci]

with regards to the £14k, are you paying it in instalments?

[gizmo111]

In which case your hausband owns half of the equity anyway - if they ywent ahead and made you BR - there would by my calculations be around £21-22K to share over £80k worth of debt - either way they are not going to get anywhere near their full amount.

[linz2011]

yes i was pauing £25 per month missed 2 instalments rang them and they refused to discuss it saying they were investigating bankruptcy

[sequenci]

Have you sent a CCA request? if not do it today. Ask for the notice of assignment also.

 

There is a good argument with regard to the fact that they already have taken action via the county court for part of this debt. I would raise that it is unfair that they are now taking additional action via bankruptcy proceedings when they have already obtained the judgment. It is totally against the overiding objective. By virtue of this, you feel that there is a significant injustice caused and yout cannot under reasonably understand the true position between yourself and the creditor. This therefore means that you feel that the demand doesn't comply with the Insolvency Rules 1986.

 

If you cannot stop the stat demand, all is not lost.

 

If you have made an offer to secure or compound for the debt (offered to pay in instalments), and the creditor has unreasonably refused it, it could be considered unfair for the bankruptcy to be granted. The onus would be on you to prove that the debt was unreasonable refused – the offer would have to be realistic and practicable. A creditor is entitled to consider their own interests, but a rigid application of an organisation’s policies could amount to “institutional unreasonableness” . Please bear in mind that this action TOTALLY goes against the OFT's guidance on debt collection and I would challenge this to be institutional unreasonableness.

[linz2011]

Hi

 

many thanks for that would be grateful if you could provide me with some wording to put on the set aside

 

thanks

[sequenci]

Hi

 

many thanks for that would be grateful if you could provide me with some wording to put on the set aside

 

thanks

 

we can do that, but, i would prefer to make sure this is watertight. have you sent a CCA request yet? when did you receive the stat demand?

[linz2011]

Hi I only received the stat demand today and I have not sent a CCA request but will do that today

 

thanks i really appreciate your help

[sequenci]

no worries! we will compose the application for the set aside in about 2 weeks time... i want to see what they come back with. please remember to request a copy of the notice of assignment when sending your CCA request.