HELP !! Statutory Demand

[mpc1975]

Re: HELP !! Statutory Demand

you can't state the civil procedure rules unless you have sent them a letter requesting documentation USING the se CPR's....if you have sent a separate letter to them requesting what they have stated in the particulars using recorded delivery then you CAN state that you have requested documentation under the Civil Procedure Rules.

is this the CPR 31.14 you mentioned in your previous post? If so then I will get one sent off 1st thing tomorrow before I go to the court at 10am, is there a template letter somewhere that you could point me at?

Also for the CCA request I have sent it today special delivery so what date should I use?

Have redone the 6.5 and put it back up let me know what you think, should I then also complete the court paperwork in my correct surname not the old one?

Also how about the names etc on 6.4 are they ok?

[talktalk]

Re: HELP !! Statutory Demand

I don't know this site well enough to see if there is a template here, maybe others on these forums might be able to help....but googling CPR31.14 may help you....

Send the CCA request today, and state that despite your request you hve not been sent one....but by the time you go to court, it is unlikely that they will have provided one...

Use your current surname....

DO spend some time reading around forums so you have some understanding of what is being said....

For 6.4

For (a) fill in your name and address

The section that states attend before the Registrar leave blank. This will get filled in by the court.

For (b)
on the hearing of an application by (b) (insert your name)

An application for an order that the statutory demand dated (insert date on the SD that you received from Lowells) be set aside

For (c)
The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

For (d)
The names and addresses of the persons upon whom this application should be served are:
(d) (insert name and address of Lowells)

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

[mpc1975]

Re: HELP !! Statutory Demand

OK so this is exactly what I have put in the statement, think it makes sense and have adjusted the names etc, thanks talktalk you have been a big help. If anyone can point me to a letter for CPR would be much appreciated.

* That I (1) Do not admit the debt because I have no knowledge of the referenced account as stated nor that the debt is payable to Lowell Portfolio. I have requested from them evidence that the debt is owed to them by further requesting a true copy of the credit agreement which under the terms of the Consumer Credit Act s78(1) they have 12 days to supply from the date of my request.

Also, as I understand that Lowell Portfolio are a Debt Collection Agency I have requested a true copy of the executed deed of assignment for the agreement they quote (and whose reference number I have no knowledge of).

The claimant has not provided any proof that the debt is not barred by the Statute Of Limitations Act 1980

The claimant has not provided any details of any insurance products that were added potentially in error/possible fraud which would potentially bring any agreement under question.

The claimant has not provided any statements for the duration of the alleged agreement

The defendants name is completely incorrect on the demand.

I have received no notice of the assignment from Lloyds TSB concerning any account in accordance with s136 of law of Property Act and served in compliance with s196 of the same act.

Should Lowell Portfolio be in a position to supply me with the above information and prove there is a debt owed to them by myself I will happily discuss this matter

[talktalk]

Re: HELP !! Statutory Demand

"I first requested a copy approximately 2 ½ years ago and to this day the agreement upon which this demand is based has not been provided." (do you still have the letter and subsequent recorded delivery slip that you sent/used, if so then you MUST include this ?) and if you do have them then you should attach it with reference to this in your defence and state that the claimant knows this has been in dispute since (date of arrival of letter)

If you did do this then this needs to be a priority as they are STILL in default of your reuqest and this on it's own is a major dispute....bearing this in mind then their issue of a stat demand is vexatious and unlawful and you should claim your costs at the hearing....

DELETE THIS - I am minded to mention also that Lowell Portfolio have recent numerous warnings from Leeds Trading Standards as to their conduct in issuing Statutory Demands that they are using as a threat to bankruptcy when they have no intention to follow through the process and actually serve bankruptcy proceedings upon a debtor.

I think you should add some case history as highlighted above too in support of what you are saying...

[mpc1975]

Re: HELP !! Statutory Demand

For the CCA no not sent before, misread previoius post and I thought you where implying I should suggest I had sent one previousy. Only posted today as only found out about all this yesterday. Sorry will teach me to read things properly, lesson learnt.

Have amended the list above so is this ok now

What do you mean by add case history? I am proabably being very dumb

[talktalk]

Re: HELP !! Statutory Demand

By case history I mean High Court Cases which support potential triable issues - eg

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)


and

2 - Further, or in the alternative, the claimant’s or the original claimants charges are a disproportionate penalty and therefore unlawful and irrecoverable at common law. (Dunlop Pneumatic v New Garage [1915] AC 79 and also Murray v Leisure Play [2005] EWCA Civ 963)

[mpc1975]

Re: HELP !! Statutory Demand

Hi Talk talk, when you read these please accept a very big thank you I have now copied what you put in your earlier post at 15.26 and put that in my statement.

The few changes I have made are -

The claimant has not provided any proof that the debt is not barred by the Statute Of Limitations Act 1980

The agreement - the claimant is in default of a request for a copy of the agreement made under The Consumer Credit Act 1974 and to this day the agreement upon which this demand is based has not been provided.

Do these both read correctly? Also do I need to send a letter to Lowello the named person on the SD listing all of this. I noticed in ibmarcos string with a similar problem it was advised that he did?

[mpc1975]

Re: HELP !! Statutory Demand

Just in case anyone needs it here is a draft for CPR31.14 request I have found online.

[talktalk]

Re: HELP !! Statutory Demand

Looking good....make sure when it goes to court that you have at least 2 copies of everything....you may even need to give the judge another copy in court (as docs are lost on occasions)...costs you will need to submit to the court so they are in the file at least 24 hours before the hearing....

[mpc1975]

Re: HELP !! Statutory Demand

Everything backed up to computer so will have lots of copies, just off to the court now to submit application to set aside, will keep you posted

[mpc1975]

Re: HELP !! Statutory Demand

Does anyone know if I need to inform the person named (Graeme Danby) as to the fact that I have applied to have SD set aside. I noticed in ibmarco thread that he thinks he had to, but I can't see on the 6.4 or the 6.5 where it says that?

If I do what level of information do I need to supply them? would it be everything in my statement

Also really stuck on CPR request, have found a copy online but it all seems related to claims about to go to CCJ? See attachment to posts ago. So I have no idea how to word it.


Just found this any thoughts on suitability will reword first couple of lines

Dear Sirs

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with First Direct.
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.





d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).


e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,


RGDS

[talktalk]

Re: HELP !! Statutory Demand

You can contact the person named on the demand...but if it was me I would state that you are letting them know that you will be setting aside the demand as it has been in dispute since 2009, and that you will be claiming your full costs in court. If he asks you to drop it then, you should say pay my costs and I will....!!

As for the CPR31.14 you are correct it is commonly used for CCJ's BUT I know of at least one case where the judge upheld the civil procedure rules in a stat demand case, and throwing the case out in favour of the defendant due to the other side not complying with it...what you are asking for in your CPR31.14 is what is mentioned in their particulars of the claim for example, the deed of assignment, notice of assignment, default notice termination notice, statements for the duration of the account, the agreement. etc...
------------------------------- merged -------------------------------
These were your particulars of claim

'The claim of the creditor is for payment of £xxxx being the balance of monies due against a credit account made between the debtor and Lloyds TSB Group PLC in respect of a Credit Card, under account number *******, such agreement being regulated under the consumer credit act 1974.

The rights and benefits of the said account were duly assigned from Lloyds TSB Group PLC to the creditor by way of a debt sale agreement dated **/**/** and notice of assignment having been served upon the debtor by the creditor on **/**/** in accordance with the provisions of section 136 of the law property act 1925.

The balance of the debt as the date of this demand remains outstanding and due for payment by the debtor in the amount of £****** despite previous written and verbal requests for payment being made by the creditor to the debtor.'

So you will be requesting (as stated in the particulars) the agreement, the debt sale agreement, the assignment...

However just for good measure, then I would also include (as it is a regulated agreement) the default notice and statements for the duration of the agreement- remember to send it recorded delivery...

[mpc1975]

Re: HELP !! Statutory Demand

Hi TalkTalk (or anyone else with any thoughts) have amended the above letter as per your suggestions and kept some of the good bits from the original, if you get chance have a look over and give me your thoughts will be posting recorded tomorrow. Also I have attached the letter I am sending informing them of my application to set aside, again any thoughs. Hopefully these will also be helpful for anyone else who wants to use them too

REQUEST FOR INFORMATION

I have received a recent statutory demand from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rulers (CPR31.14), the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditionsthat applied to the account at the time of default and at the time the account was opened.
2. A true copy of the debt sale agreement with a copy of any proof of postage you hold.
3. A true copy of the notice of assignment with a copy of any proof of postage you hold.
4. A true copy of the default notice with a copy of any proof of postage you hold.
5. Statements for the duration of the agreement.
6. All records you hold on me relevant to this case, including but not limited to:
   
   a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
   b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Lloyds TSB.
   d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
   e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
   f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
   g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
   h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
   
   
   I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.
   
   Yours sincerely,

Mr Graeme Robert Danby
Enterprise House
1 Apex View
Leeds
LS11 9BH







26 May 2011



Dear Sir

Your Ref xxxxxxx, Original Reference xxxxxxxxxxx

I write with reference to the Statutory Demand (dated May 2011) that you had sent to me on May 2011.


Please be advised that I have today written to xxxxxxxxx Court Centre with an Application to Set Aside the Statutory Demand on the basis that I do not acknowledge any debt to your client, Lowell Portfolio Limited.


I have written to Lowell Portfolio requesting that they send me a true copy of the credit agreement and a signed true copy of the executed deed of assignment. Until this information is received from your client I will not correspond further on this matter.


I would also like to make you aware that as the claim is in dispute I will be claiming my full costs in court.


As I am sure you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore will act as a complete defense to any further Statutory Demands served upon me.


Yours sincerely,

[talktalk]

Re: HELP !! Statutory Demand

GREAT work mpc...and well done for persevering with it....

[mpc1975]

Re: HELP !! Statutory Demand

OK letter back from court confirming receipt of application to set, and CPR and letter informing application to set aside posted recorded delivery, so lets see what happens now