Stat Demand - Need help quickly

[toffeecrisp141271]

Hi I recieved a statutory demand recently from a debt agency relating to some leased equipment of which I am guarantor. The debt of for approx £1200. The debt has been assigned (though not seen proof of this) from the leasing company to the debt agency. The stat demand was hand delivered 15 days ago.

The history. We ran a pub and had fridge/freezer on lease value of approx £7000. Pub went out of business landlord forfeited the lease, phoned leasing company said equipment was faulty, had no contact with me (the lessee of the equipment) and persuaded them to sell him the equipment for £250. My problem is the equipment WAS working fine, the landlord HAD contact with us, and that the leasing company had sold the equipment to him for a lot less than it was worth (probably at least £2000 second hand). If the equipment hadn't been sold CHEAP and the landlord had not LIED to get his hands on it, I would not be in this situation at all.

Any suggestions. I doubt the above is enough reason to get this set aside is it? Need help quick.

[SpringerSpaniel]

Re: Stat Demand - Need help quickly

I do not understand why YOU are lumbered with the debt; if the landlord sold it below value, this suggests it was his to sell - can you clarify the situation further please ?

If you are in litigation with the creditor and/or their agent, you can counterclaim against the former landlord for his misrepresentations. You use Part 20 if the CPR to do this. Would you be able to find him to serve proceedings ?

[toffeecrisp141271]

Re: Stat Demand - Need help quickly

Hi,

Just to clarify, the leasing company sold the landlord the equipment for £250 because he said it was faulty. When he was asked for our contact details he said he had none. These are blatant lies just so he could get the equipment cheap. The second hand value of the equipment must have been at least £2000. The leasing company under sold it to him and now I have to pick up the bill due to their neglegence and the landlords lies.

Hope that clarifies.

The creditor is Go Debt Ltd who bought the debt from the leasing company. I got the stat demand 15 days ago. I know his address so can find him. Can you clarify what you mean against counterclaiming agoinst him, though I could only counterclaim against Go Debt Ltd??

[toffeecrisp141271]

Re: Stat Demand - Need help quickly

Do I need to do this counter claim against the third party before appying to get the statutory demand set aside? If so, any guidance on how to do this counter claim? Thx in advance.

[SpringerSpaniel]

Re: Stat Demand - Need help quickly

If you could persuade the DCA to deal with matters by means of a claim in the County Court instead of through the insolvency route, this would enable you to claim against the Landlord.

Strictly speaking you seek Contribution and/or Indemnity under Part 20 CPR rather than a Counterclaim.

You could apply to have the stat demand set aside on the grounds that there is a dispute with a third party that affects your liability or otherwise to the creditor, and that this should be resolved before there is any question of liability; and that bankruptcy would be an abuse of process and contrary to CPR 1.

I would write to the creditor saying that you will pay any amount found to be due in the county court, but you want the entire dispute aired in court; and outline what has happened. They or at least thier principal did accept the knock down price without form the sound of it making proper enquiries, then try and call in your guarantee, so their conduct is not exactly blameless.

[SpringerSpaniel]

Re: Stat Demand - Need help quickly

You also need a copy of the Notice of Assignment to Go Debt.

[Sapphire]

Re: Stat Demand - Need help quickly

I can't advise you what to do, but I can tell you that I have dealt with GoDebt personally and the very mention of their name makes my blood run cold.
I would advise that whatever you do, do it very carefully, this shower are particularly nasty and do not abide by the rules.
Make sure whatever you do that EVERYTHING is in writing and NEVER deal with them on the phone, and make sure you keep copies of EVERY LITTLE THING, because they twist and turn more than a cobra on heat.
You will get excellent help from the users on here, please listen to them.
Good luck with this, if you want to talk about them, please give me a shout.

[CleverClogs]

Re: Stat Demand - Need help quickly

Whilst they are nasty buggers, they are not invincible ---> link

[SpringerSpaniel]

Re: Stat Demand - Need help quickly

The OC has been parrty to a fraud togeether with the landlord, to enable your guarantee to be called in to the benefit of both.

You should apply for the Stat Demand to be set aside on the grounds that the petitioner is party to a fraud against you, and should not also benefit from this conduct.

You should then make a complaint to the police about the fraud and get a crime number for this.

You should then bring a civil claim against the Landlord for Fraudulent Misrepresentation and against the OC for Negligent Misrepresentation (this second cause of action reverses the usual burden of proof, and has a generous measure of damages).

If the Police take any action, apply for your civil claim to be stayed pending the outcome of any prosection brought - which can be relied upon under the Civil Evidence Act.

[toffeecrisp141271]

Re: Stat Demand - Need help quickly

Spingerspanial, can you just clarify what OC is? Is it GoDebt Ltd or would it be the original leasing company that sold the debt to Go Debt Ltd? Thanks for you help in advance. Very useful.

As an update I applied today to set this aside on the grounds that there is a dispute with a third party that affects my liability. I believe that this needs to be resolved before there can be any question of liability, and that bankruptcy would be an abuse of process and contrary to CPR 1.

[WendyB]

Re: Stat Demand - Need help quickly

OC = Original Creditor.

Well done on getting the set aside application in, as you only have 18 days from date served, but you are within that limit.

[SpringerSpaniel]

Re: Stat Demand - Need help quickly

Good work on your application to set aside. I would still recommend you take action re the fraud along the lines I posted yesterday.

[toffeecrisp141271]

Re: Stat Demand - Need help quickly

Hi. Hopefully judge will not throw it out. Want it to go to 'hearing'. Springer, am building myself up to going to the police. Guess I need to do this now, kinda been forced into it by the creditor.

Will bump this thread when I get info, thanks for all your help. There are some good people around after all. God bless the internet hehe.

[toffeecrisp141271]

Re: Stat Demand - Need help quickly

Said I would reply. Got a set aside hearing for mid December.

[Sapphire]

Re: Stat Demand - Need help quickly

Great news so now you have plenty of time to get organised.