received stat demand for disputed invoice

[anxiousmumof3]

Hi guys

Really hope someone can help. Long story so will try to keep short.

Original creditor was Consumernet claims management in 2011. I had a long valid dispute with regards to the invoice. There started lots of emails and letters between myself and them and between myself and the MOJ.
By this time I had started receiving letters from their collection agent, Lawton Hathaway. The last communication was on July 2012.

Until November 2014 when I received a letter from Wilson Rose demanding the payment, which had increased from £650 to £880.

I wrote back to explain that I and been in dispute with Consumernet but they ignored my letter and sent me another one threatening bankruptcy.

I sent another letter asking if they had bought the debt and for a breakdown of charges.

They ignored that too and I received a statatory demand. The amount has now increased to £1284.

HELP please. What do I do? Running out of time

I have 3 young children and I am losing sleep over this.

[EXC]

Re: received stat demand for disputed invoice

When did you receive the statutory demand?

It would be helpful if we could see the correspondence between you and Wilson Rose. You can either scan and post it here removing your personal details or simply type the text out.

Also what was the original dispute with Consumernet about?

[nemesis45]

Re: received stat demand for disputed invoice

It would also help to know how the debt has got to this figure?

I wonder if charges have been deliberately added to bring the debt above the £750 .00 BR threshold?

[anxiousmumof3]

Re: received stat demand for disputed invoice

I received it on the 13th January but have really not known what to do. Now I'm panicking.

My original complaint with Consumernet was that on December 2010 they cold called me re PPI claim. I was told that they would claim the fees from the bank and it wouldn't cost me anything. I said I would think about it. They sent me some paperwork and then badgered me with phone calls. I got sick of them as I was running around after my 3 very little children at the time and it was Christmas, so I signed the forms without reading them. Very stupid I know!
Later in 2011, I received a refund of the PPI. To be honest I had completely forgot about it. I then received an invoice from Consumernet. I queried it based on the information I had been given on the initial phone call. After a few emails and letters they kept sticking to the fact I had signed the paperwork.
I contacted the MOJ who said that I had a case for verbal misrepresentation.
I asked Consumernet for a copy of the call. They refused. They did not deny one existed. They then offered a £50 reduction. I refused.

I then heard nothing for 2 1/2 years.

Re the Wilson rose letters: my scanner is rubbish so I will type them up.

Sorry for the long explanation. I am so worried.

[anxiousmumof3]

Re: received stat demand for disputed invoice

It would also help to know how the debt has got to this figure?

I wonder if charges have been deliberately added to bring the debt above the £750 .00 BR threshold?

I thought the same.

[Mineral1]

Re: received stat demand for disputed invoice

I received it on the 13th January but have really not known what to do. Now I'm panicking.

My original complaint with Consumernet was that on December 2010 they cold called me re PPI claim. I was told that they would claim the fees from the bank and it wouldn't cost me anything. I said I would think about it. They sent me some paperwork and then badgered me with phone calls. I got sick of them as I was running around after my 3 very little children at the time and it was Christmas, so I signed the forms without reading them. Very stupid I know!
Later in 2011, I received a refund of the PPI. To be honest I had completely forgot about it. I then received an invoice from Consumernet. I queried it based on the information I had been given on the initial phone call. After a few emails and letters they kept sticking to the fact I had signed the paperwork.
I contacted the MOJ who said that I had a case for verbal misrepresentation.
I asked Consumernet for a copy of the call. They refused. They did not deny one existed. They then offered a £50 reduction. I refused.

I then heard nothing for 2 1/2 years.

Re the Wilson rose letters: my scanner is rubbish so I will type them up.

Sorry for the long explanation. I am so worried.

OK Don't get scared.... Get even!!! You want to send a Data Protection Act Subject Access Request letter (DSAR). Go to the ICO website (Information Commissioners Office) and you will find a template letter (or look in the library section here). It will cost you ten pounds. You want everything held involving yourself by this company. By law they must stump up and they have 40 days to do it. Ask for a transcript of the telephone conversation (they will almost certainly have recorded it). Your going to need this stuff for misrepresentation, ambush marketing, you name it.... You need to do this and follow the advice and make sure you defend this

[Amethyst]

Re: received stat demand for disputed invoice

You could photo the documents rather than scan if your camera/phone takes half decent pics. If you have trouble uploading them here then you could email me them and I'll post them up - admin@legalbeagles.info

Sadly if you signed up with a company to reclaim your PPI, and they succeeded (ie you got a refund without cancelling with them and doing it yourself ) then you may well be stuck. The contract will be a % backend - so if you got a refund by cheque then you have to pay that % out of it, if it just got swallowed up in a debt, then you have to find the % to pay them.

Basically, did you do the running to reclaim your PPI or did you sign up with the company, forget about it, then get a refund a year later?

How much was the refund and can you tell us a bit more about it.

Priority though is not having this stat demand granted so WilsonRose can apply for bankruptcy - - you have 18 days to get it sorted and forms in if you contest it - you don't want to go bankrupt over it that would be bananas for £880. So as you received it nearly 10 days ago you only really have till next Friday.

You should have the set aside form with the stat demand. If not it is https://www.gov.uk/government/public...lvency-form-64 - as the invoice is disputed (though I'm not sure on what grounds other that you didn't realise you'd have to pay them anything (presumably thats where the verbal misrep comes into it ? )

However if the contract adds up and the circumstances are as I said above then you should contact Wilson Rose and come to an arrangement to pay.

Is it these people ? http://consumer-net.co.uk/About-Us/Our-Fees-Explained/

Mineral1 - don't really have enough time for the SAR - tho once the immediate threat is out the way it is a good idea to gather info and consider fighting back.

[anxiousmumof3]

Re: received stat demand for disputed invoice

OK Don't get scared.... Get even!!! You want to send a Data Protection Act Subject Access Request letter (DSAR). Go to the ICO website (Information Commissioners Office) and you will find a template letter (or look in the library section here). It will cost you ten pounds. You want everything held involving yourself by this company. By law they must stump up and they have 40 days to do it. Ask for a transcript of the telephone conversation (they will almost certainly have recorded it). Your going to need this stuff for misrepresentation, ambush marketing, you name it.... You need to do this and follow the advice and make sure you defend this

OK thanks for your support. That was something I thought about.
But I really need to get this statutory demand sorted. Any idea? Do you think I can get it set aside?

[Mineral1]

Re: received stat demand for disputed invoice

OK thanks for your support. That was something I thought about.
But I really need to get this statutory demand sorted. Any idea? Do you think I can get it set aside?

Amethyst has covered that you MUST stick to dealing with the threat of bankruptcy. Deal with this tomorrow. Any problems come straight back....

[anxiousmumof3]

Re: received stat demand for disputed invoice

Another piece of information. After going through all my communication, I have found an email sent in July 2013 to a different email address that I have ( one that I never used to communicate) from a collection agency called Taylor Rose.
This suggests that consumernet sold the debt before then and now Taylor Rose have sold the debt on.

[anxiousmumof3]

Re: received stat demand for disputed invoice

Amethyst has covered that you MUST stick to dealing with the threat of bankruptcy. Deal with this tomorrow. Any problems come straight back....

Do I need to a send a CCA letter out? I can do this tommorow.

[Amethyst]

Re: received stat demand for disputed invoice

When you do the docs can you do the actual stat demand forms you've received too please.

Are Wilson Rose claiming for consumernet ?

[Mineral1]

Re: received stat demand for disputed invoice

If not it is https://www.gov.uk/government/public...lvency-form-64 - as the invoice is disputed (though I'm not sure on what grounds other that you didn't realise you'd have to pay them anything (presumably thats where the verbal misrep comes into it ?

Simply gung-hoing a punter into engaging the services of a cold caller might be a tad open to legal dispute (unless the terms were explained at length) An DSAR needs to be undertaken, a company relying on telesignup to its services will have a nice library of cold caller small talk!:tongue2:

[Amethyst]

Re: received stat demand for disputed invoice

Do I need to a send a CCA letter out? I can do this tommorow.

No. It isn't a CCA regulated agreement. It's a standard contract.

[Mineral1]

Re: received stat demand for disputed invoice

Do I need to a send a CCA letter out? I can do this tommorow.

No not a Credit Agreement...