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  • #1

    Statutory demands

    Hi Guys n Gals,

    Its come to my attention that 1st Credit are utilising the statutory demand and Bankruptcy petitions to enforce regulated agreements.

    Now just a word of warning because it seems they are now deadly serious with these things and are employing top Counsel to represent them.

    There appears to me to be the view on other forums that these things are easy to deal with,by filing templated applications to set aside the demand.

    Let me just say, if you get a statutory demand from these, do NOT use a template and treat it as if its no big deal due to the old view that they wont follow through with it or wont turn up as it will come back to bite you if you arent careful.

    We beat a SD recently and i can tell you that they had the "Editor" of Goode representing them so they are taking this more seriously, so now is the time for us to prepare properly
    Tags: 1st, 1st credit, applications, bankruptcy, big deal, ccj, chasing, claims, court, credit, demands, insolvency, mat, media, niddy, oft, people, petition, petitions, public, scare, sds, set aside, statutory demand, thank you, threats, warning
  • #2
    Re: Statutory demands

    Originally posted by Paul. View Post
    Hi Guys n Gals,

    Its come to my attention that 1st Credit are utilising the statutory demand and Bankruptcy petitions to enforce regulated agreements.

    Now just a word of warning because it seems they are now deadly serious with these things and are employing top Counsel to represent them.

    There appears to me to be the view on other forums that these things are easy to deal with,by filing templated applications to set aside the demand.

    Let me just say, if you get a statutory demand from these, do NOT use a template and treat it as if its no big deal due to the old view that they wont follow through with it or wont turn up as it will come back to bite you if you arent careful.

    We beat a SD recently and i can tell you that they had the "Editor" of Goode representing them so they are taking this more seriously, so now is the time for us to prepare properly
    hi,
    Have Ist credit chasing a Marbles acc so will await their next move with trepidation if thats the correct word.

    Comment

    • #3
      Re: Statutory demands

      A VERY useful word of caution Paul - thank you. So many are sending out SD's at the moment as a scare tactic, it's very helpful to have some "insider knowledge."

      Comment

      • #4
        Re: Statutory demands

        Youre very welcome.

        They were deadly serious in this matter , of that i am sure, as they sent this guy down http://www.hendersonchambers.co.uk/B...ley-Smith.aspx so they were 110% serious

        It is soo vitally important that when people get stat demands they make the proper application , and get it 110% correct.

        Comment

        • #5
          Re: Statutory demands

          I've certainly seen a few serious attempts at bankruptcy proceeding from DCAs that were previously using the "scatter gun" approach to sending out bulk batches of SDs without any intention going ahead with an actual petition.

          Namely some of the ones who have been sanctioned by the OFT for that previous approach.

          I suppose they are now:

          - Taking some cases to a full petition to try to prove to the OFT etc that they are going through with them where appropriate? i.e. they are being good boys now, and do follow through on the threats sometimes?

          - Making a public example of some cases? They must know that any successful cases of them bankrupting people may be reported on forums/media, and so may put doubt into claims that they are ALWAYS idle threats?
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Statutory demands

            Obviously they can threaten to do so (to the less well informed) but are they actually able to do this when the "agreement" they have is completely FUBAR'd as is the case with many older "agreements"?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Statutory demands

              hi, Paul and Niddy,
              Is a Statuary Demand a way of avoiding taking someone to court for a ccj so they cant set a repayment plan? and go straight for bankrupcy even if you could offer a repayment of somekind.
              thanks

              Comment

              • #8
                Re: Statutory demands

                http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf
                This may be useful
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

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