Announcement

**alland** · 24 February 2011, 16:19

Re: help DCA

Hi echo and welcome to the forum.
I would not send anything out right now, please wait until Niddy or someone on the team who understands the demand notice you have received comes along and is able to offer you the right advice.

If your debts include credit cards & loans ect., it may be beneficial to start your own UE diary, list out each debt, who owns it, when it started, status of the debt ect. If you have a look at the diary thread you will see how it works.

Don't worry, you are in the right place to receive the advice you seek.

**LooLoo** · 24 February 2011, 16:19

Re: help DCA

Hi and welcome

Sorry can't be much help myself - but it might be an idea if you list your creditors and how much you owe etc - so we can get a better picture.

Nid will be along soon I'm sure to give some advice about your letter received.

Good luck

Edit - looks like Allan beat me to it!!!

**Gerry** · 24 February 2011, 16:33

Re: help DCA

Hi echo

Welcome onboard,

Niddy will get help you get it sorted when he get back, I had sourced some info for a friend that might help put you in the picture while your waiting for niddy.

What is a statutory Demand?

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor.

** Important Note: A statutory demand in 90% of instances is a 'bluffing technique'used to scare a person into paying up. If a bankruptcy petition does not follow then this will become apparent. **

Why are Statutory Demands to powerful?

The Statutory Demands procedure is simple to implement.
To issue a statutory demand all you need to do is complete a form.
You can send a statutory demand by recorded post, without the need of personal delivery.
You do not need a solicitor to issue a statutory demand.
You do not need to pay expensive court filing fees issue a statutory demand.
People assume that a solicitor has been utilised so get scared and pay immediately.

What is the point of a statutory demand?

A statutory demands is supposed to make sure the person in debt pay the amount owing this is either carried out by paying in full or:-

It is a way to get the debtor to offer his or her property as security or;
It is a way to get the debtor pay up in another agreed way. Such as instalments.

When is a statutory Demand a threat?

A statutory demand is something to worry about if your debts are over, say, £1000.
A statutory demand is a threat if the person after the debt is wealthy enough to carry out the bankruptcy threat the whole way.
A statutory demand is a cause for concern if the person after the debt is bitter and angry enough to actually make you bankrupt.
If you are a home owner or actually have assets you are at risk of losing if you go bankrupt then a statutory demand is a threat.
The person you owe the money to knows you are a home owner or have assets therefore is willing to spend money making you bankrupt.
If your reputation is at risk by the public finding out about the statutory demand process being started against you.

How to reduce the risk of bankruptcy following a statutory demand.

To avoid bankruptcy reduce the debt to less than £750.
Offer to pay the debt by instalments.
Make a reasonable offer to settle the debt.
Apply to have the statutory demand set aside

The procedure to get a statutory demand set aside.

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy. One method of avoiding bankruptcy is to get the statutory demand set aside. To successfully get a statutory demand set aside one or more of the following must be satisfied:-

The amount stated on the statutory demand is disputed.
The person issuing the statutory demand also owes money. This is called a counterclaim.
The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
The demand was issued in error.
The amount owing is less than £750
Execution has been stayed on a judgement debt.
The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
The creditor failed to comply with the rules and prejudiced the debtor in the process.

Gerry

**Never-In-Doubt** · 24 February 2011, 16:48

Re: help DCA

Cheers Gerry

Don't worry about the SD - we can easily get it set-aside! Please list debts so we know what's happening.

Thanks

**echo** · 24 February 2011, 17:38

Re: help DCA

Hi thanks everyone sofa will list stuff here minute if ok still trying to understand the site lol.

CapQuest are the ones that sent the Statutory Demand and that’s for £771.31

I owe money to the following as to credit file.

Credit card from Aktiv Kapital (DCA) Current balance £3,413. (Default/Delinquent Balance £3,221) (defaulted : 11-12-2008)
Current account Santander (Currant Balance £1,344) (Default/Delinquent Balance £1,260.) (defaulted 01-02-2009 )
Credit card from Natwest (applied on line) (Current Balance £673.) (Default/Delinquent Balance £673.) (defaulted 26-05-2009)
Credit card from Capital one (current Balance £332.) (Default/Delinquent Balance £332.) (defaulted 04-03-2009)
Credit card from Apex Credit Management (current balance £7,712.) (Default/Delinquent Balance £7,712) (defaulted 28-02-2009)
Credit card from Lowell portfolio (currant balance £7,367.) (Default/Delinquent Balance £7,000) (defaulted 23-04-2009
Also got a loan from Santander that was supposed to have insurance on but don’t know what the story with that as i just put my head in the ground for a couple of years (current balance £4,875.) (Default/Delinquent Balance £4,819.) (defaulted 01-12-2008)
And Hutchison 3G mobile (current balance £144.)( Default/Delinquent Balance £144.) (defaulted 01-03-2009)

That’s all the stuff from my credit file, haven’t really got any thing regarding the company side of things don’t think they can find me but there is £5,000. From Lloyds TSB overdraft and hire/purchase vans that was about 10k but think the insolvency people sorted some of that out though. Will have a look at this UE diary and try to fill out in more detail put hope this helps get a bit of an understanding thanks again every one...

**Never-In-Doubt** · 24 February 2011, 20:01

Re: help DCA

Hiya

I have tidied your last post up a bit so it is more legible.

However, I need more info from you as detailed in this thread here (just click the following text): Requested Information for UE Process. Please just click "New Reply" (to this thread) and then list each account in detail, for instance on account 1 above - you state a card from Activ Kapital - however no you never, these are the DCA - NOT the lender!

Basically, i'm relying on you KNOWING who you took accounts out with, your credit file is useless right now, why? Because only certain lenders use certain Credit Reference Agencies - that basically means that one lender may exclusively use Experian whilst another may exclusively use Equifax. Some, well some don't even use a CRA! As a result of this, the info above is flawed - it is not accurate....

As for your claim that CapQuest issued the SD - why? What account is it for? Can you scan it (or take a photo of it) and email it to me, unaltered - you can trust me with it, i'm not gonna go and use your data!! agreements@all-about-debt.co.uk

Look forward to your reply.

**echo** · 24 February 2011, 21:31

Re: help DCA

Haya
Thanks for sorting out the my last post will sort out the paper work to give a more detailed overview, also e-mailed you the letter that I was sent hope you manage to receive it ok wasn’t 100% if it did it right,
Is there a different place to post my UE Diary information when i finished sorting it or is it ok just to add it to this page
Many thanks to everyone again
Echo

**Never-In-Doubt** · 24 February 2011, 21:34

Re: help DCA

Originally posted by echo View Post

Haya
Thanks for sorting out the my last post will sort out the paper work to give a more detailed overview, also e-mailed you the letter that I was sent hope you manage to receive it ok wasn’t 100% if it did it right,
Is there a different place to post my UE Diary information when i finished sorting it or is it ok just to add it to this page
Many thanks to everyone again
Echo

I have not got an email from you - where did you send it? It needs to go to agreements@all-about-debt.co.uk

Regards to replying, do it here and i'll tidy the whole thread up for you later once you added all the accounts!

**echo** · 24 February 2011, 21:55

Re: help DCA

opps sorry dont now what i did there re-sent it through my hotmail account thanks

**Never-In-Doubt** · 24 February 2011, 22:20

Re: help DCA

Originally posted by echo View Post

opps sorry dont now what i did there re-sent it through my hotmail account thanks

Hiya

Have you sat and re-created the whole demand? I need to see the one they sent you, what you sent me was a recent creation - not what they sent you! The form should look like this - click to access: ( stat-demand-268(1)a.pdf ).. However, the easiest way to explain this to you is to describe what they have done! The debt was actually less than the £750 originally owing, they then added 'charges' that just so happen to push the amount to over £750 - ie they are idiots and they actually think they are being clever!

Can you confirm what the debt balance was last you knew, did they send a default notice, termination notice, notice of assignment? Please be specific with each point - thanks.

I would be appealing this SD citing the following as reasons;

Original debt was only £727.63 according to your explanation within the SD; you then claim to have added £43.68 interest since the date of assignment, meaning the balance exceeds the statutory bankruptcy limit of £750 thus the amount of the demand is disputed;
The actual amount of the debt, as per the last acknowledgement by yourselves prior to the SD was £XXX
You failed to comply with the rules by changing the amounts owing to allow this demand;
You have not followed proper guidance by way of issuance of Default Notice / Termination Notice;
You have omitted to notify me of any Notice of Absolute Assignment, claimed to be 10 July 2010.

That ought to do it - you use the following forms to get the SD set-aside, just complete them and take them to your local court:

Attached Files

**Never-In-Doubt** · 24 February 2011, 22:29

Re: help DCA

p.s don't act on the above advice as yet - please let me know the answers to the points raised (i.e. Can you confirm what the debt balance was last you knew, did they send a default notice, termination notice, notice of assignment?) - then i'll advise what to do next!

I don't think the form they have sent you is actually a genuine one, did it come as a word document or what? I'm struggling how you scanned something into your computer that is now a free-to-edit word document, ie its as if you've sat and retyped it all.

**echo** · 24 February 2011, 23:20

Re: help DCA

Hi thanks for replying bit confused at moment though, looking over the template for the SD basically looks like it is the same form, think my scanners just removed borders from the document so will photo scan and send tomorrow if you don’t mind having another quick glance please.
In respond to the actual debt it originally was owned by Aqua Credit Card total overdraft limit was £600. Did not make any payments not even the first was in very bad financial difficulty back then, the balance at that time was £599.49 (29-10-2008)
Aqua Credit Card then got clarity credit management to chase the debt with no satisfaction as they could not find me and I sent 90% of all letters unopened back stating not at address this then, some how pushed the balance up to £733.63 on from the last letter from clarity on (24-04-2009)
From hear it went quiet for a bit and then had a letter saying that cap quest now own the debt, I did not pay any notice to this and now that i have decided it is time to sort myself out I receive this letter threatening a SD and the balance is on there letter as £771.31
I have never acknowledged any letters from any creditors and they have never served one on me and the address that they sent the SD to is not even my address its a family members but i did use to live there 2 years ago and if they did a search they would have my new address so do think that they my be fishing to see if that get a reply, cant work out why they would bankrupts me don’t have any assets and I’m self-employed and in a way work direct to customers no employer.
Thanks for your help sofa

**findingaway** · 25 February 2011, 00:39

Re: help DCA

I don't know how to link in

but do you remember Nid I had a similar letter from Capquest that I only found way after the date i'd to respond. I checked trust on line & for me it was a blind threat. Interestingly i've now seen a stat demand that a friend had from HMRC (she paid the debt at speed of light) & hers had a stamp or seal - mine didn't.

Not sure if it's relevant or not but just wanted to let you know they do use this scare tactic!! If I should just butt out, feel free to say

**echo** · 25 February 2011, 16:10

Re: Debts diary

Hi hope this is set out ok and is understandable, personal debt is around £26,000 plus possible £15,000, All debts are unsecured (not sore about CCJ but have no assets anyway to secure it)

Abbey Currant Account
Started - 29/06/2006 (from earliest account summary I have but had this account from age 16 in 2002 just had it up graded)
Date last paid - 00/08/2008
Original credit limit - £900.
Current Balance - £1,344.
Default-Delinquent Balance - £1,260.
State - Last Delinquent - 02-09
Communication from myself - None

Halifax Currant Account: -
Current Balance around £750 not a lot of information on this account dose not show on Equifax credit file and don’t have any paperwork however this is what I remember.

Started - 00/03/2006 (around)
Date last paid - 00/08/2008
Original credit limit - £300.
Current Balance - £750 plus
Default-Delinquent Balance - Un-shore
State - Last Delinquent – Un-shore
Communication from myself - None
...............

Credit Card From Originally GE Money (bought by Aktiv Kapital around 2008 believe)
Started - 00/05/2007
Date last paid - 00/06/2008
Original credit limit - £3000,
Current Balance - £3413, plus
Default-Delinquent Balance – £3221,
State – Defaulted 11-12-2008
Communication from myself - None

Credit Card From NatWest
Started - 12/09/2008
Date last paid – (did not pay any minimum payments only £1 token on Sep-2008 then paid no more)
Original credit limit - £500.
Current Balance - £673.
Default-Delinquent Balance - £673
State – Defaulted 26-05-2009
Communication from myself – None

Credit Card From Aqua (Soled To Cap-quest Debt Recovery Around January/2010)
Started – 08-09-2008
Date last paid – (did not pay anything not even first payment)
Original credit limit - £600.
Current Balance - £764. (Letter received in post for Statutory Demand on 24-02-2011 shows balance at £771.31)
Default-Delinquent Balance - £727
State – last delinquent February-2010
Communication from myself – None

Credit Card From Capital One (Though Just Bought By Arrow Global Guernsey Ltd 18-02-2011)
Started – 08-07-2005
Date last paid – Sep-2008
Original credit limit - £200.
Current Balance - £332. (Letter received in post from Arrow confirm 18-02-2011)
Default-Delinquent Balance - £332
State – last delinquent March-2009/Defaulted 04-03-2009
Communication from myself – None

Credit Card from Abbey
Started – March-2005
Date last paid – Oct-2008
Original credit limit - £6,900.
Current Balance – around £7,712
Default-Delinquent Balance - £7,712
State – last delinquent Feb-2009/Defaulted 28-02-2009
Communication from myself – None

Credit Card from Barclaycard
Started – 15-07-2006
Date last paid – 19-12-2008
Original credit limit - £6,800.
Current Balance – around £7,367
Default-Delinquent Balance - £7,000
State – last delinquent Apil-2009/Defaulted 24-04-2009
Communication from myself – None

.............

Loan From Abbey
Started – 02-12-2005
Date last paid – Jun-2008
Originally borrowed – £9,607.68 includes Payment Protection insurance (can I clam back don’t think it worked lol)
Current Balance – £4,875.
Default-Delinquent Balance - £4,819
State – last delinquent Jan-2009
Communication from myself – None

..............
Communications Hutchison 3G Mobile
Started – 07-10-2006
Date last paid – Sep-2008
Original credit limit - £0.00
Current Balance – around £144.
Default-Delinquent Balance - £144.
State – last delinquent Mach-2009
Communication from myself – None

................

My old company information that I Guaranteed but really have not heard much from so a lot of this information is from memory and what paper work I have.

Lloyds TSB Business account
Started – 11-07-2007
Date last paid – not shore official receiver took all information but definitely in 2008
Original credit limit - £5,000.
Current Balance – around £5,000.
Default-Delinquent Balance – not shore
State – last delinquent Mach-not shore
Communication from myself – None

Hire purchase for vans
Started – not shore definitely 2008 official receiver took all information
Date last paid – same as above 2008
Current Balance – around £9,000.
Default-Delinquent Balance – not shore
State – last delinquent Mach-not shore
Communication from myself – None

Jewson’s Building supplies
Started – sorry again receiver took all information but definitely in 2008
Date last paid – sorry not shore
Original credit limit - £3,500.
Current Balance – around £3,500.
Default-Delinquent Balance – not shore
State – last delinquent Mach-not shore
Communication from myself – None

As I also mentioned in my first post I have a CCJ from 21-01-2009 for £3,408 but don’t no if it is from one of my creditors or from Jewson’s literacy just berried my head and ignored everything that was sent to me and sent 90% of everything back

Hope its all understandable all advice or thoughts would be fantastic wood like to see if there is anything worth doing to try and build myself back up but don’t know if it is worth doing at moment

Thanks again

Echo

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Statutory Demand Received

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