Statutory Demand

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Statutory Demand
Topic Started: Mar 23 2007, 01:17 PM (168 Views)
kevin b	Mar 23 2007, 01:17 PM Post #1
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	hi again folks Can someone please tell me if a Statutory demand can be sent through the post or does it have to be handed in person by an official baliff or someone. thanks in advance Kev



tortle	Mar 23 2007, 02:03 PM Post #2
Posts: 87 Group: Silver Member Member #86 Joined: August 31, 2005	Hi Kevin The creditor is under an obligation to take reasonable steps to bring the demand to your attention and if practical personal service should take place, where this is not possible it is allowed to serve the demand either by hand postage or sending it first class. Before they do this though they should have taqken some of the following steps. one personal visit to either your home or place of work, if you are not there at these times they should then send you a letter telling you a time date and place when they will serve the demand on you, if you then failed to attend the appointment they could then post the demand. When they then present a pettition to the court if the demand was not served personnaly on you and they dont have an acknoldgment that you received the demand they have to swear a Affidavit of the stepd they have taken to serve the demand if the court is then not satisfied that the creditor has discharged its duty they can refuse to issue a pettition. Sorry about typos but that is the process rougthly :rolleyes:



kevin b	Mar 23 2007, 03:41 PM Post #3
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	Here is a copy of the letter I have recieved Dear Mr B..... RE: Lowell Portfolio Ltd We enclose Statutory Demand by way of service upon you You should read the contents of the Statutory Demand and note that we may be in a position to present a Bankruptcy Petition against you should you fail to respond accordingly. We would urge you to contact our office on ** * ** as a matter of urgency to discuss. We look forward to hearing from you. Yours faithfully *** ** Litigation manager BTW this is not a demand regarding YCC it is about another matter.Also there are no dates on either the letter or the copy of the Statutor Demand Kev



jenni	Mar 23 2007, 03:53 PM Post #4
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	to me it looks like complete b s! I had something like it from Lowell for a debt that in 3 months time is 6 years old and they can't chase me for anyway so I would assume its just one of those letters made to look official but aint worth the paper its written on. Just to be on the safe side though I would take it to the CAB to check it out
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tortle	Mar 23 2007, 04:05 PM Post #5
Posts: 87 Group: Silver Member Member #86 Joined: August 31, 2005	who is the creditor kevin? When did you make the last payment or write the last letter to them? Have you contacted them since you received the demand :rolleyes:



kevin b	Mar 24 2007, 05:00 PM Post #6
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	tortle Mar 23 2007, 04:05 PM who is the creditor kevin? When did you make the last payment or write the last letter to them? Have you contacted them since you received the demand :rolleyes: Creditors - Cap One Last payment was made so long ago I cant remember only recieved the demand yesterday so not been in contact with them yet Kev



jenni	Mar 24 2007, 07:29 PM Post #7
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	lowell have just started sniffing round my partner for a debt with capital one which is 6 years old this year - we think at the end of the year - so hopefully we can just ignore them and fob them off til then. the debt they had for us from HSBC has now been passed to yet another agency who claim to have brought the debt straight from HSBC at the end of 2006 which is a load of b s!!! this debt is 6 years old at the end of next year so they will have to take me to court if they are expecting to get any money from me for that one
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tortle	Mar 25 2007, 07:59 PM Post #8
Posts: 87 Group: Silver Member Member #86 Joined: August 31, 2005	Hi kevin what you have to establish first is what Jenni said when was the last time you either, made a payment or wrote to them ( telephone calls dont count nor does letters they send you) If it is over six years then you have a defence against the Statutory Demand! If it is over six years PM me and i will help you sort out a letter. Or you could visit your local CAB and they should be able to help



kevin b	Mar 26 2007, 08:17 AM Post #9
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	Hi tortle I definately know it is well over 4-5 years since i last had contact with anyone regarding this debt but how long after i have no idea reading through the demand though it does not tell me what court they have set this demand to, only to contact them to find out where this is. i'll tell you exactly what it says here:- Appropriate Court For Setting Aside Demand Rule 6.4(2) of the insolvency rules 1986states that the appropriate court to which you would have to present your own bankruptcy petitionin accordance with rule 6.40(1) and 6.40(2). In accordance with those riles on present information the appropriate court is YOUR LOCAL COUNTY COURT, OR COMBINED COURT. FOR CONFIRMATION OF YOUR RELEVANT COURT, OR IF YOU BELIEVE YOU HAVE GROUNDS TO SET ASIDE THIS DEMAND, AND WOULD LIKE SOME ADVICE PLEASE CONTACT OUR OFFICE ON ** ***** Any application by you to set aside this demand should be made to that court. Surely they should be naming the court that the Demand can be set aside to? I thought contact should not be made between the 2 parties regarding this matter?? Your thoughts please Kev



jenni	Mar 26 2007, 08:22 AM Post #10
www.saynotoyes.co.uk Posts: 1,476 Group: Saynotoyes moderating team Member #333 Joined: March 6, 2006	I think that if you were to contact them on this matter this is how they would trap you because by asking which court you can have this demand set aside at then you are admitting you owe the debt. I would think thats if this letter was genuine then they should tell you in no uncertain terms which court the demand is being held at. I know when I had a letter from a debt collection agency for a debt I had with GE Capital which was like this is actually stated that the case would be held at Northampton County Court before I received any court papers
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kevin b	Mar 26 2007, 01:20 PM Post #11
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	Thanks Jenni The Stat Demand that i got from YCC stated i had to got to Nevcastle Magistrates courts etc to fill in the Affi- David etc, nothing on this one. Next step is the CAB Kev



spud	Mar 26 2007, 02:13 PM Post #12
Posts: 56 Group: Saynotoyes moderating team Member #1,175 Joined: March 25, 2007	Make sure you see the same adviser and tell him there may be limitation Act arguments here?
	<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> **************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************


kevin b	Mar 26 2007, 03:29 PM Post #13
Posts: 103 Group: Silver Member Member #239 Joined: December 27, 2005	spud Mar 26 2007, 02:13 PM Make sure you see the same adviser and tell him there may be limitation Act arguments here? Hi spud nice to meet you mate, can you brief me more on the limitation act arguement please cheers Kev



spud	Mar 27 2007, 07:48 AM Post #14
Posts: 56 Group: Saynotoyes moderating team Member #1,175 Joined: March 25, 2007	Hi kevin This debt would be covered by section 5 of the Limitation Act 1980, for the purpose of the Act a acknoldgment has to be made by you of the debt, so any letters the creditor sends you or telphone calls they or you make do not count as an acknoldgment for the purpose of the Act. If you can show that you have not made any payments or written any letters to them, telphone calls you may have made dont count ( or your agents havent written to them) then they are "Time Barred from taking legal action against you, this basiclay means they cannot make you pay the monies. If you are sure that it is over the six year period then PM me and i will help you draft a letter to send to them.
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