Statutory Demand Received

[Never-In-Doubt]

Re: Statutory Demand Received

Ok, as per PM's - seems best to leave sleeping dogs and all that, right now

However, we'll deal with the SD - i'll sort a response to that shortly.

[Never-In-Doubt]

Re: Statutory Demand Received

Hiya

Ok regards to the SD you received, I don't think it is genuine; there are too many variables which make it wrong and it leads me to believe they are using scare tactics to get you to respond to them.

I'll list a few things; which is what you'd use within any response;

• The amounts differ. Now, within a SD you can add interest etc but the amounts they will rely on do not add up. They claim that the debt was £727.63 + £43.68 (charges) at the time they took over the account on July 2010. How come then, you have a letter from the previous DCA (Clarity) dated 24 April 2009 showing the amount owing as £733.63. Why is there a £6 discrepancy?
• The original amount is lower than the statutory limit of £750, before allowance to proceed with a SD. The fact they have doctored the amount owing to reflect a balance just over £750 can be proven by way of statements and an order putting them to 'strict proof thereof';
• There is no court address mentioned in 'Part A'; thus restricting you properly disputing the SD. Why is the court missing?
• The way it was served seems fishy; the proper process should mean they attempt to serve the SD on you personally, if they cannot then they may go to a last known address bowever they then need a witness statement, where is this? Proper process is detailed below;

a) The server must attempt “personal service” at least once. This does not include leaving the demand with a relative.
b) When serving personally, the server must get confirmation that the person being handed the demand is the person named on the demand. This confirmation can be done verbally.
c) If personal service has been attempted but has failed, “substituted service” can be attempted.
d) Substituted service is usually carried out by leaving the demand at the last known residence of the debtor.
e) Upon the server’s last attempt at personal service, a letter must be left at the property informing the debtor that the server has attempted to serve him/her with the demand but has been unsuccessful. The letter should then state a date and time the server will return to attempt personal service once again. Attendance must be at the appointed date and time.
f) When returning to the property in accordance with the appointment letter, the server should once again attempt personal service. However, if this is yet again unsuccessful the server can now insert the statutory demand through the debtor’s letterbox.
g) Once the demand has been served personally, or by substituted service, the relevant server must sign a witness statement confirming his actions.
h) With regards to personal service, the witness statement must firstly state the server’s name, position and the date of the statutory demand. It should then state the day that he attended the property and that he had served the debtor by personal service. It should also state that the debtor confirmed his identity to the server.
i) If service was by substituted service the name and position of the server should still be entered onto a witness statement along with the date of substituted service.
j) The statement should also state when the server attempted personal service and any information supporting a belief that the debtor was deliberately avoiding service of the demand.
k) A copy of the appointment letter that was used before substituted service and a copy of the statutory demand should then be attached to the witness statement.

• You dispute the amounts and existance of charges and therefore request a s.78 CCA in line with Consumer Credit Agreement 1974, plus you will utilise s.7 Data Protection Act 1998 in order to request all data held about you from the assignee.

Basically, the above are only some of the faults; ie points that you would argue - however i'm unsure if it is worth responding - i'm in a dilemma here! What do you want to do? You do run the risk of other creditors finding you etc so keeping low may be a good option, especially being the actual SD is imporperly served anyway!

There are too many errors for it to stand up....

What do you want to do..? You could send off a s.78 CCA request to buy time, being they are relying on that within their claim (Particulars of Debt)?

[echo]

Re: Statutory Demand Received

Haya
thanks for the reply niddy yea think i will leave for now thanks, after looking over what was highlighted does seem bit fishy to me to, certainly not had it served on me or ever had anyone come to any property enquiring about any debt, think they are just trying it on but will keep you all up to dated on it if that’s ok

thanks again for the reply

[Never-In-Doubt]

Re: Statutory Demand Received

Haya
thanks for the reply niddy yea think i will leave for now thanks, after looking over what was highlighted does seem bit fishy to me to, certainly not had it served on me or ever had anyone come to any property enquiring about any debt, think they are just trying it on but will keep you all up to dated on it if that’s ok

thanks again for the reply

Hiya

Yea keep me updated - best of luck.

[Tuttsi]

Re: Statutory Demand Received

I was just reading through this thread, I just wonder if CAPQUEST have actually the right to chase this debt, ie could they supply the original deed of assignment. But unless this unfolds further I would leave well alone.

A few years ago I had a run in with Capquest, they are just bully boys, threats of bancruptcy seems to be their latest tactic. I wrote and told them that I do not acknowledge the debt and asked them to supply the original deed of assignment thus they could not, they supplied me something which was made up on on a Halifax sort of letter head, which I or anyone could have done and after I pointed out a few home truths to them so they went as quickly as they came.

They are just on a phishing exercise to see if they can get a bite of the cherry.