Sattutory demand under section 268(1)of the inslovency act help urgent smith

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

how will we know to print final draft is done to print off

[Meagainindisguise]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

As you see it now is all I can do for tonight. Others may have some other suggestions/input so wait until tomorrow morning before printing it off and going to court. I am at work early so will check when I get home tomorrow that things went ok.

Maid

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

thankyou

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

sorry if allready asked, how was the SD SERVED AND DID IT NAME YOUR LOCAL COURT THAT HANDLES BANKRUPCY PETITIONS

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

sd was recorded delivery from post office my son signed for it ...

and it stated local county court on it

dont know if it HANDLES BANKRUPCY PETITIONS

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

i will be at pc all nite may take time to responed

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Did you receive any notice of assignment from first credit

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Did you receive any notice of assignment from first credit

no not of halifax or first credit (told 1st credit anout this so they resent them

never new it was sold to 1st credit till stat demand came in post

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Thats good

if you like i am going to do a different defence and you can then choose

i will need a couple of hours though

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

okay thanks

the account with halifax was in full blow dispute but they still sold the debt on

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

does the stat demand mention someone to contact at 1st credit by name

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

ok on form 6.4 at (a) put the name andaddress of the person given on the SD

Where it says "attend before the Registrar" etc leave this bit blankthe court will fill it in

(b) put your name

next bit put in the date shown on the SD

(c) the date that you're going to swear the affadavit

(d) the same name and address that you put in (a)

(e) your name and address

on 6.5

(a) your name and address and the word Applicant

(b) the date that you first saw the document (not the date on the SD)

(c) That I do not admit the debt because the existence/enforceability of thealleged debt is in dispute:

The respondent alleges that I am indebted to it in the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 ("the 1974 Act"). It is further alleged that the debt was assigned to the respondent from the Halifax building society. I submit that the statutory demand should be set-aside upon the following grounds:-

1) The respondent has failed to serve a valid default notice in relation to the alleged agreement pursuant to s88(1) of the 1974 Act. Further or alternatively, the alleged debt contains sums levied by way of penalty charges which the applicant will say are contrary to common law and the Unfair Terms in Consumer Contracts Regulations. Accordingly, any default notice which may have been served could not have contained accurate particulars of the outstanding debt and would therefore have been defective and invalid.

2) Even if an enforceable agreement were to be produced any amount owing would be disputed due to the presence of unlawful penalty charges and the inclusion of payment protection insurance that was missold on the account. The claimant 1^st Credit has failed even to provide a fully particularise statement of account from the alleged assignment of this account. The defendant has had no prior contact with the claimant 1^stcredit in relation to this alleged account and regards this petition. The defendant regards this petition to be vexatious and without merit.

3) No notice of assignment under the hand of the original creditor or alleged assignee has been sufficiently served on me as is required by the Law of Property Act 1925. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (notpurporting to be by way of charge only) of any debt or other legal thing inaction, of which express notice in writing has been given to the debtor,trustee or other person from whom the assignor would have been entitled toclaim such debt or thing in action, is effectual in law (subject to equitieshaving priority over the right of the assignee) to pass and transfer from thedate of such notice—

Section 196(4) prescribes the requirements for giving sufficient notice by post:-

196. Regulations respecting notices.
4) Any notice required or authorisedby this Act to be served shall also be sufficiently served, if it is sent bypost in a registered letter addressed to the lessee, lessor, mortgagee,mortgagor, or other person to be served, by name, at the aforesaid place ofabode or business, office, or counting-house, and if that letter is notreturned [by the postal operator (within the meaning of the Postal Services Act2000) concerned] undelivered; and that service shall be deemed to be made atthe time at which the registered letter would in the ordinary course bedelivered.

It is noted that by the Recorded Delivery Service Act 1962 a recorded deliveryletter is equivalent to a registered letter and that under the Postal ServicesAct 2000 Schedule 8 any reference to registered post is to be construed asmeaning a registered postal service (eg Royal Mail recorded delivery or specialdelivery).

4) For the assignment of a debt to be effective and so giving the Respondent a right of action, a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before court action is commenced. It is denied that any notice of assignment was sufficiently served on me and so the Respondenthas no right of action.

5) Notwithstanding the above, for a Notice of Assignment to be effective, explicit notice of assignment must begiven by writing under the hand of the assignee (s136 (1) Law of Property Act1925). I further deny that any document given under the hand of the Assignor, Halifax Building Society, or the assignee, 1^stCredit was sufficiently served on me.

6) The respondent has chosen to serve a statutory demand by ‘regular’ post without first making any contact with me in any way in relation to the alleged debt. In view of this, and of the matters pleaded above, the applicant avers that the service of the statutory demand is demonstrably frivolous, intimidatory and an abuse of process.

7) The demand was served to the defendant by 1st Class mail via Royal Mail. The claimant draws to the attention of the court that service of the demand can only be served by postal service if a process server has unsuccessfully tried to deliver the demand by hand. To serve a demand by postal service, the process server has to place an affidavit before the court to the effect that he has tried to serve the demand by personal service. No such Affidavit has been confirmed and place before the court.

8) The defendant has tried on several occasions to contact the person named on the petition for the alleged creditor 1st credit, a Mr D Silcock. The response has been he is not at his desk and are unable to confirm when he will return.

9) I respectfully inform the court of a case heard by a Mr Justice Warren in Hammond V Profit, his comments were that using the Insolvency process for debt collection on a disputed debt is an abuse of the process

Accordingly, I respectfully request that the statutory demand be set aside. Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.


You then need to take all the documents down to your local county court andtell them that you need to swear an affidavit. They will make you hold a bibleand repeat after them etc. You then hand in the documents and wait to hear for thecourt date. It's not really scary at all, it's free and you can even claim yourexpenses from the other side.

Instead of swearing the affidavit at the court you can do it in front of asolicitor if it's easier but they will make a small charge

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

part b the individual to whom any communcations regarding this demand may be addressed is are

mr d silkcock insolvency manger (when i phoned them he wasnt at is desk and they didnt know when he would be back

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

i am just updating the affidavit so give me 10 minutes

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

okay thankyou but how do i set it all out on forms 64 ..65 ready to print it off