• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

    SHOULD I ACCEPT THE STATUTORY DEMAND, OR INGORE THIS... PLEASE READ ON - ALL ADVICE WELCOME...

    I received a letter from WalkerLove/Sheriff Officer - Wed 29th January, stating that they wish to serve me with a statutory demand, and stating when they will return to do so (Friday 31st January). There is NO information that tells me what this relates to on their 'appointment letter for statutory demand'.


    I've read some other threads on WalkerLove and statutory demands in different forums, but I really need some help with this directly please!


    Little bit of background on my situation.
    I'm self employed, business is fair, but is operating with an RBS 25K overdraft and this will, generally, be sitting at around 15-20K overdrawn most of the time. I also have 3 x different RBS credit cards, totalling around 15K, which I pay faithfully to every month.


    I am married, with kids, and have a mortgage in my name only, which is probably for the amount the house is worth - so no equity (or even slightly negative).


    I was shafted terribly some years ago for a massive amount, buy a couple of limited companies going out of business owing me a fortune, and ended up using numerous credit cards to get by - running up massive debts, including a sizeable personal loan to consolidate 2 cards, which had mis-sold PPI, worth approx 7K (never claimed - will explain later). For the past few years business has ticked by and I've managed to pay the mortgage etc, but simply cannot get out of the hole that I ended up in due to being ripped off in business.


    I was introduced to Credit Issues 3-4 years ago - a company promising to write off all your credit cards due to missing signed agreements, or flaws in their wording etc. And, as a result, I ended up stopping payment to all cards/loans that were deemed as 'unenforceable', apart from the RBS ones (even thought these were all deemed as unenforceable), as this would have affected the running of my business. The card/loan debt that I am no longer servicing is very considerable - 60-70K at least, without doing a proper count.


    For around 3 years, I've not acknowledged any of the debts - never having answered the phone, or replied to the numerous letters. And the debts have been passed round and round between all the usual DCA culprits, and many have now been reassigned/bought. I've learned to ignore some of the very threatening language in some of these letters, but this appointment to serve a statutory demand is the first of its kind, and very serious. However, from what I have read, I tend to think that it comes from Lowells, and that they are simply hoping to scare me into a dialogue with them and for me to acknowledge the debt.

    In this time, apart from receiving various threatening letters, offers of discounts, and with the debts having been passed from DCA to DCA and back to original lender in some cases, not one DCA has taken the 'next step', apart from sending a couple of doorstep collectors, who I simply ignored. Surely, if in over 3 years, nobody has tried to enforce these debts, and discount offers are abundant, is this not some indication as to the weak case for enforceability - whether because the debt is unenforceable, or whether my financial situation indicates that they wound be on a 'hiding to nothing'...?


    I've a couple of questions here on how to deal with this statutory demand and also my situation in general. PLEASE HELP!


    1... should I call the Sheriff Officers and arrange to collect the papers from them? Is this, in any way, 'acknowledging the debt', if I've no idea who this refers to until I actually receive the papers, but in doing so, can this be classed as acknowledging the debt?


    2... once received, what is my next step? Seek to have the Demand set aside? or CCA the creditor? Isn't it the case that nothing can be enforced whilst in dispute? And, if not a reassigned debt, should this be with the DCA or original creditor? If they cannot provide a satisfactory copy of the original agreement, in the time provided (14 days??) what is the situation/outcome? If this isn't forthcoming within the deadline, does that then make their statutory demand void?


    3... should this go to court, and I can show income and expenses, and show all other debts etc... I think whoever the creditor is (I'm guessing Lowell) would be stupid to force sequestration - but who makes this decision? the Sheriff? And will he only make decisions based on this case, or will he want to know about all the other debts - presumably, he cannot make a judgement on these???


    4... I was hoping to just ride out the storm until 5 years had passed so all these debts became statue barred (Scotland). I know that seems a bit dishonest and not meeting my responsibilities, blah, blah, but I was hugely shafted in business and ripped off by credit card companies who kept increasing interest rates (some to as high as 40%) and at a time when I NEVER missed a single payment, and with Egg who added PPI to a consolidation loan, telling me I had to accept it - deemed to be worth around 7K. So once, where I would have been very upset at not paying off these debts, I am now very bitter at the situation, and feel that these greedy parasites have enough money. However, final, question here is, should I make a claim for the 7k PPI? The debt has been sold to someone else now - I think maybe even twice. By claiming for the PPI, is this acknowledging the debt??

  • #2
    Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

    Well you don't know what the debt is as yet and will worry until you find out so I would either pick it up or allow them to serve it on you. Once you know what the debt is you can enter the bare denial (which seems to be enough in the Scots system). Scots law on sequestration is a bit different from England Stat Demands and bankruptcy, in that you can deny the SD and the creditor would then be able to take court action against you instead. Collecting the SD won't serve as acknowledging it, you can't as you don't know what it is.

    Once you have it you can send back the denial slip then it'll be a case of preparing in case they do then try and take you to court for the debt (ie. apply for the credit agreements etc)


    I was introduced to Credit Issues 3-4 years ago - a company promising to write off all your credit cards due to missing signed agreements, or flaws in their wording etc. And, as a result, I ended up stopping payment to all cards/loans that were deemed as 'unenforceable', apart from the RBS ones (even thought these were all deemed as unenforceable), as this would have affected the running of my business. The card/loan debt that I am no longer servicing is very considerable - 60-70K at least, without doing a proper count.
    Just so you know, no one but a court can say a debt is unenforceable. How much did you pay Credit Issues for their service, and what back up are they giving you ?
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

      Originally posted by Amethyst View Post
      Once you know what the debt is you can enter the bare denial (which seems to be enough in the Scots system).
      True, even if the SD is from the buggers at Bowells and hence contains a spurious section for "explanation of denial".

      They really ought to be taken to task over that, as they seem to be usurping the role of the courts.

      Just so you know, no one but a court can say a debt is unenforceable.
      It has not been unknown, alas, for a claimant to obtain a CCJ in their favour despite their failing repeatedly to comply with a ss. 77-79 request.

      How much did you pay Credit Issues for their service, and what back up are they giving you ?
      By now, one might expect they've really got his back up. :grin:

      At least they might have been a little better than various "Sell your debts to us!" scams:

      http://www.oft.gov.uk/news-and-updat...9#.Uuqc8j1_uSo
      http://www.moneywise.co.uk/scams-rip...your-debt-scam

      Comment


      • #4
        Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

        I doubt they'll be much help in back up terms as


        Business Name:
        Credit Issues Limited (In a Company Voluntary Arrangement) ( https://www.gov.uk/company-voluntary-arrangements )
        Address:
        Glover House, 72B-72E New Court Way
        Ormskirk Business Park
        Town/City:
        LANCS
        Postcode:
        L39 2YT
        County:
        Lancashire
        Trading Names:

        Sector:
        Financial products/services
        Status:
        Authorisation Cancelled


        Companies House -
        Document
        DISS16(SOAS) 18/07/2013 COMPULSORY STRIKE OFF SUSPENDED (DISS16(SOAS))

        (think that's suspended by creditors - they never filed any accounts)

        Hopefully it isn't one of those debts. If it is and the agreement isn't in existence and Lowells can't get it then you should be okay defending a court claim, depending on the date the credit was taken out etc.

        Can't really do much until you have the SD in hand and know what it is for.
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

          Does Bowells ever produce a "twue copy" of an agreement?

          Comment


          • #6
            Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

            Originally posted by Amethyst View Post
            Just so you know, no one but a court can say a debt is unenforceable. How much did you pay Credit Issues for their service, and what back up are they giving you ?
            Just so you know Amethyst has a really good reason for asking you this question ^^^^ about your dealings with Credit Issues Please reply to her question

            Comment


            • #7
              Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

              Hi Guys and Gals,

              sorry for the lateness of replies - nothing to report - until now!

              OK, so I collected the stat demand, from the Sheriff Officers, in person. Guy was nice, but wanted to know what my job was, phone numbers, who I banked with etc... so I told him I wasn't giving him this information, and I went on my way.

              I decided to wait a week or 2 to see what might pan out, and a little less than a week before the stat demand deadline, BW wrote to me reminding me of the deadline (nice of them, eh?) And saying it wasn't to late to settle the bill etc... pffft! They even included a letter that was actually meant for a completely different person in Scotland - professional, huh?

              Just to be clear, this debt has been in dispute for 3 years, or more, and has been passed around 3-4 different DCA. And NO letter of assignment from HBOS to Lowells was every received.

              So... a few days before the deadline, I was on my way home, with the paperwork in the car, collecting my wife on the way. As she opened the door, all the papers flew out in the crazy wind! I managed to collect them all - EXCEPT from the 2 copies of the deny form! EEK!

              I downloaded copies from the internet, completed them - and sent the denial to both Lowells AND BW Legal by Special Delivery. Both were delivered, and I have proof of signatures from Royal Mail.

              HOWEVER, today, I've received a 'WITHOUT PREJUDICE' letter from BW Legal, stating that I have failed to comply with the setting aside deadline of the statutory demand and that they will still proceed with the sequestration, unless I agree to a ridiculous repayment plan of some 900 odd a month! BITE ME!
              The letter goes on to explain that as this is a 'WITHOUT PREJUDICE' letter, it cannot be used in court in any way. My feeling is that they've taken this angle to cover their own asses in their somewhat complicit lies with respect tot hat fact they well know the statutory demand denial was received and at BOTH of their offices. Suggesting, further to me, that they are a shower of [INSERT YOUR OWN DESCRIPTION HERE]...!

              So, any advice? Should I ignore? And see if they take this to sequestration?? Or should I send a letter to them with a cope of the proof of signatures?

              I wonder if Celestine can give their 2 pennies worth in this?

              Cheers in advance.
              Last edited by Amethyst; 31st March 2014, 16:59:PM.

              Comment


              • #8
                Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

                Originally posted by Amethyst View Post
                Just so you know, no one but a court can say a debt is unenforceable. How much did you pay Credit Issues for their service, and what back up are they giving you ?

                Amethyst, apologies for not having replied sooner to this - I've only just logged on after a few weeks - hadn't received any email notifications of anyone else posting to my thread - apologies...

                SO - Credit Issues. NO BACKUP. They've gone put of business with massive HMRC debts. Shocker, huh?

                They wrote to all creditors, seeking the true copies of the original credit agreements, but NOT ONE replied. It was then that credit issues told me that these were unenforceable, without the leave of the court.

                I paid them, I think, 1200 for some credit agreements, and I think another payment, of a lesser amount, for others. It was 3-4 years ago now, and having stopped all payments (apart from a few connected to my business/personal banking) my credit rating is a wee bitty trashed. Whilst they've all done the rounds to various DCAs and threats of doorstep visits etc, nobody has taken anything to the next level, apart from Lowells. This is strange, as I think they have also bought 2 other debts, but only written their usual threatening letters regarding these.

                Incidentally, Credit Issues recommended you paid their fees on a credit card you were going to process, so you didn't, ultimately, need to pay for it! I didn't agree with this, so paid the fees on cards I still use and have never missed any payments on. However, I do wonder, given the fact they've gone belly up, if I shouldn't try a section 75 to recover these credit issues fees?

                Lastly, in the early days, until I was a little more informed and hard skinned, I was worried sick about the threats from some of these DCAs and their constant phone calls. SO I entered into a debt management plan (not quite a sell your debt scam - but read on...) I set this up with them and started paying them - first 2 months payments went to them entirely, as fees, as I remember, then from month 3, it was to be apportioned towards the various creditors. However, after 3 months I started getting all the calls and letters again. It seemed the DCA pocketed the money I'd paid, and didn't send any to the DCAs then went out of business.Very much deliberately, in my opinion, as they just fold the Ltd company, and then start all over again!

                As such, I now have a complete loathing for any financial/credit/banking businesses! (sorry if any of you work in this sector, but I'm sure you'll understand my reasons for this!)


                **Again, Amethyst, apologies for not replying sooner - but I do greatly appreciate any advice you can offer.

                Comment


                • #9
                  Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

                  Originally posted by CleverClogs View Post
                  Does Bowells ever produce a "twue copy" of an agreement?
                  Never found out - have just ignored them until now. Will CCA them should they decided to take this to court.

                  Comment


                  • #10
                    Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

                    Originally posted by stressball View Post
                    HOWEVER, today, I've received a 'WITHOUT PREJUDICE' letter from BW Legal, stating that I have failed to comply with the setting aside deadline of the statutory demand and that they will still proceed with the sequestration, unless I agree to a ridiculous repayment plan of some 900 odd a month! BITE ME!
                    The letter goes on to explain that as this is a 'WITHOUT PREJUDICE' letter, it cannot be used in court in any way. My feeling is that they've taken this angle to cover their own asses in their somewhat complicit lies with respect tot hat fact they well know the statutory demand denial was received and at BOTH of their offices. Suggesting, further to me, that they are a shower of [INSERT YOUR OWN DESCRIPTION HERE]...!
                    Same nonsense as here: http://www.legalbeagles.info/forums/...728#post414728

                    Comment


                    • #11
                      Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

                      Regarding Credit Issues - if they have gone under taking your money with them and you have not received the ''service'' you paid for, then yes, Section 75 your credit card company.

                      And regarding the Statutory Demand. Well. Really. Have a word with National Debtline 0808 808 4000 or CAB (http://www.cas.org.uk/bureaux) to confirm that the denial is enough. There's a weird 'apparently insolvent' rule in Scotland which I can't get my head around. You denied the debt within 21 days so they should be forced to take other action. '' Statutory Demand - A formal demand by a creditor giving you 21 days to repay a debt. The demand must be on proper form and be served by a Sheriff Officer. Failure to pay or to deny the debt makes the debtor apparently insolvent and liable to sequestration.''

                      Without Prejudice - have a read http://www.legalbeagles.info/forums/...osts-documents
                      Last edited by Amethyst; 3rd March 2014, 15:30:PM.
                      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

                        Hey Stressball (great name mate), i am also going through the same situation as you and have received the same PRE-DATED without prejudice letter you have. Also states that i have not applied to have the SD set-aside. I also have scanned copies of all documents (denial slips), postage paid and sent, delivery conformation and signatures from both BW & Lowell. Makes me wonder what they are trying to achieve by denying receiving their first class recorded signed for post. I have sat here and written out a letter to BW ilegal but not sent it yet, i'm not sure if i should show them that i have proof of sending the denial. Its getting a bit confusing now that they are using their own denial of receiving legal documents tactic.

                        i agree
                        I wonder if Celestine can give their 2 pennies worth in this also
                        Last edited by Amethyst; 31st March 2014, 16:59:PM.

                        Comment


                        • #13
                          Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

                          If me I think I would, because if they are then daft enough to issue a bankruptcy petition you then have a double dose of proof that they are acting wrongly.

                          Once they might excuse by claiming a mistake, but if they have been told twice then it becomes clear they are acting in deliberate bad faith and contempt of the bankruptcy procedures and law.

                          Comment


                          • #14
                            Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

                            Will put this here too as I took too long and more posts were made lol sorry.

                            And regarding the Statutory Demand. Well. Really. Have a word with National Debtline 0808 808 4000 or CAB (http://www.cas.org.uk/bureaux) to confirm that the denial is enough. There's a weird 'apparently insolvent' rule in Scotland which I can't get my head around. You denied the debt within 21 days so they should be forced to take other action. '' Statutory Demand - A formal demand by a creditor giving you 21 days to repay a debt. The demand must be on proper form and be served by a Sheriff Officer. Failure to pay or to deny the debt makes the debtor apparently insolvent and liable to sequestration.''

                            Without Prejudice - have a read http://www.legalbeagles.info/forums/...osts-documents
                            Also I don't know if you can called the AIB http://www.aib.gov.uk/


                            http://www.legislation.gov.uk/ukpga/1985/66/contents
                            APPARENT INSOLVENCY
                            Certain conditions are needed for someone to be sequestrated
                            (made bankrupt) in Scotland. They must be ‘apparently
                            insolvent’ whether they are making themselves bankrupt or
                            being sequestrated by someone else.
                            You will find the full legal meaning of apparent insolvency in
                            section 7 of the Bankruptcy (Scotland) Act 1985.
                            However, the most common forms of apparent insolvency
                            are shown below.
                            > A creditor has been to court, got a decree, and has had a
                            charge for payment served on the debtor and the 14 days
                            allowed for them to pay have passed without them
                            making a payment.
                            > A creditor has served a statutory demand on the debtor
                            telling them to pay the debt within 21 days and they have
                            not paid the debt or sent the creditor a letter by recorded
                            delivery denying that the debt is due for payment.

                            Bankruptcy (Scotland) Act 1985.

                            (d)a creditor of the debtor, in respect of a liquid debt which amounts (or liquid debts which in aggregate amount) to not less than 750 or such sum as may be prescribed, has served on the debtor, by personal service by an officer of court, a demand in the prescribed form requiring him either to pay the debt (or debts) or to find security for its (or their) payment, and within 3 weeks after the date of service of the demand the debtor has not—

                            (i)complied with the demand; or

                            (ii)intimated to the creditor, by recorded delivery, that he denies that there is a debt or that the sum claimed by the creditor as the debt is immediately payable.
                            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #15
                              Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

                              I don't think apparent insolvency is that complicated. Not in this case anyway.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X