Statutory demands help is at hand

If you receive a Statutory Demand and need help we have been very successful in helping a number our members having them set aside. Not all cases are straight forward but in a lot of the cases where Debt Collectors buy debts do not always have all the necessary paperwork to back up making a person bankrupt.

It is always important to seek help as soon as a statutory demand is received as you only have 18 days in which to apply to have this set aside and you can receive help here on Legal Beagles.

[CleverClogs]

Re: Statutory demands help is at hand

In a few other, recent cases, the alleged debt did not even exist!

http://www.legalbeagles.info/forums/...lp-with-a-DCA!

[Celestine]

Re: Statutory demands help is at hand

Thanks for highlighting this Tuttsi xx

To give a little more information:

As part of my work and training at Watsons Solicitors, I've been tasked with handling all their clients who have received statutory demands. Most involve disputed credit card and catalogue/store card debt where a s.78 CCA1974 request has been made but has not been properly complied with.

Unlike County Court proceedings, statutory demands are not designed to work appropriately for the collection of disputed debts. If a debt is genuinely disputed, then any possible claim should start from a s.7 County Court claim, NOT bankruptcy proceedings.

I'm finding the process of managing stat demands very rewarding. The timescales are fast, the pressure to analyse a lot of data quickly is challenging. But the results also come quickly and for a trainee like me, it is also an excellent tool for learning 'case management'.

80% of my clients have debts being chased by Lowell Portfolio 1.

ALL my clients that I am representing are on conditional fee agreements, even our barrister offers CFA, so the process does not cost my clients a single penny. All costs are promptly recovered from the opposition upon settlement.....which most often is in the days leading up to the Hearing.

I've successfully represented a few Beagles, who I hope might pop in and give some feedback.
Fuzzybrain, RoryGoodbeat and DebtDispute have all had wins in recent weeks.

Also, crucially, the analysis we do as part of the application to set aside, enables the client to have a solid defence in place in case any creditor then attempts county court proceedings. This should mean that Lowell/Cabot etc would be very wary of issuing such proceedings and so far seems to be proving correct.

Unfortunately, I can't accept every person who approaches me, sometimes the underlying agreement is enforceable, the Default Notice could be reissued correctly, or a recon could be knocked up. It is also vital to show that you have genuinely disputed the agreement. An essential part of the application is a witness statement. If you sent a CCA request, what did you receive? Did you query it? Did you keep the letters?!

One thing that is worrying, is multiple accounts of poor conduct by Judges towards Litigants in Person at application hearings. They seem preoccupied with, "well did you borrow the money?", they are reluctant to consider CCA1974, 'because they don't fully understand it' (direct quote from Fuzzybrains 1st Hearing). Freepost experienced this same phenomenon at his set aside application on Wednesday, even though the other side didn't bother to turn up?!

So if you are reading this and have just had the misfortune of an encounter with a process server and are now the owner of a shiny new statutory demand, start a thread and/or PM me and I'll take a look.


http://www.solicitor.info/solicitors/watsons/1698/1


I'll add some links to successful cases shortly.

Thanks :beagle:

[PlanB]

Re: Statutory demands help is at hand

I've successfully represented a few Beagles, who I hope might pop in and give some feedback. Fuzzybrain, RoryGoodbeat and DebtDispute have all had wins in recent weeks.

. . . So if you are reading this and have just had the misfortune of an encounter with a process server and are now the owner of a shiny new statutory demand, start a thread and/or PM me and I'll take a look.


http://www.solicitor.info/solicitors/watsons/1698/1

And boy did we at LB party hard after those successes :drum: :music: :rockon:

I was particularly touched by the story of Fuzzybrain (thread in the VIP section) because it seemed the court bent over backwards to give Lowells chance after chance to correct their mistakes with various hearings and court orders and delays in the timetable of the normal legal process :blah::blah::blah: which a LIP would never be given.

The SD was served in December which ruined her Christmas :santa1: She then endured four months of living hell before Cel got Lowells to admit defeat :high5:

[fuzzybrain]

Re: Statutory demands help is at hand

It was a living hell and one I never would have survived without all the wonderful support given by Legal Beagles and by Celestine and all at Watsons.

This a brief overview of my story in case I hope it helps and makes anybody issued a Statutory Demand feel a little less scared and alone in their battle.

Lowells case was flawed from the very start as I had disputed the alleged debt in 2009 with Barclaycard but it didn't stop them selling it to Lowells who then hit me with a statutory demand (SD). Lowells never tried going through the correct debt collection process (such a CCJ application).

As soon as I got the SD I posted on the LB forum and help, support, friendship and expert knowledge was given instantly. With their help I attended the first hearing as an LiP and the Judge was not on my side (although she did award me costs as Lowells turned up with no paperwork or defence, which was a bonus). Despite the lack of paperwork and the fact the judge questioned whether I owed the debt (the issue was enforceability not existence but the Judge admitted she knew nothing about CCA law which didn't fill me with confidence for round 2!!) The Judge should have dismissed the SD but choice not to and gave Lowells another 3 weeks to file paperwork.

Lowells promptly ignored the order for costs and the deadline to file with the court and with a lot of help from all the wonderful LB's (especially Celestine who re drafted my witness Statement and made it make sense!!) I had to ask the court to enforce the order made at the first hearing. Lowells finally filed their paperwork with the court (3 weeks over the deadline, but still ignored the costs order!) Lowells witness statement had more holes than a sieve and was incomplete and factually incorrect. Even I could see some of the mistakes Lowells had made but the issue was going to be how I was going to convince the Judge at the hearing why the SD should be set aside.

It was at this point Celestine offered support via Watsons on CFA and they were amazing. Due to their expertise and knowledge they spotted a multitude of errors and used these to knock Lowells into the middle of the next decade - even though Lowells paid every dirty trick possible and were very difficult and obstructive to deal with. Things went right to the wire and Watsons organised a barrister to attend the hearing with me (again on CFA)/ Both the barrister and I were on standby and waiting to travel to court on the morning of the hearing because Lowells were playing silly buggers - the hearing was at 2pm and they finally agreed to the set aside and to pay costs a couple of hours before the hearing time. They knew they couldn't possibly win in court but still wanted me to agree to a repayment plan!! They even tried using my disability against me and said that my situation needed further investigation!!

Celestine was very good at kicking those ideas to the curb and telling them exactly what they could do with their ideas (in a far more professional manner than I could have of hoped to do!)

In the end the costs Lowells occurred (in respect of the costs awarded from the first hearing, the costs they had to pay Watsons and their own costs) exceeded the debt they were chasing me for - so this case really hit them where it hurts - their wallets!!!

I'm not going to disclose why Lowells case was so badly flawed in case Lowells come and have another go at me. They'd be idiots to try as Watson have retained me as a client and wrote to Lowells stating that if they ever wish to discuss this matter again then they MUST go via Watsons and must not contact me directly. However Lowells aren't known for their sparking intelligence and a sweepstake is running to see when they ignore this directive and start chasing me again!!

There is no way I could have gotten the SD dismissed without support I was so kindly given by all the amazing people at LB's and at Watsons and there isn't enough words that could ever express my gratitude.

The honest truth is that receiving a SD is one of the most scariest things possible (especially if you haven't got a clue it was coming) and in my opinion is often used as a blackmail tool by DCA's as they know many people will crumble and agree to anything to avoid being made bankrupt.

PLEASE DO NOT GIVE IN TO A STATUORY DEMAND WITHOUT SEEKING ADVICE FIRST

LB's and Watsons are very experienced and knowledgeable about how to deal with this form of blackmail and will offer advice to any person who asks for help. You are not alone and never will be all the time LB exists with its amazing members and has the mighty force of Watsons assistance as back up.

[Celestine]

Re: Statutory demands help is at hand

RECENT WINS :beagle:

http://www.legalbeagles.info/forums/...ith-a-DCA!-WON!!!!

http://www.legalbeagles.info/forums/...organ-Stanley)

http://www.legalbeagles.info/forums/...W-Legal-Lowell