received stat demand for disputed invoice

[Amethyst]

Re: received stat demand for disputed invoice

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:

Not really gung ho - they sent the paperwork/agreement/terms etc and from the OP's earlier post they had them for a couple weeks, at home, before signing them and returning them.


Anyway - There started lots of emails and letters between myself and them and between myself and the MOJ. - those might be useful to demonstrate that there IS a dispute on the debt and it is not suitable for the stat demand process and should go through the small claims court.


What's your situation basically financially - do you own your own home?

[anxiousmumof3]

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.

I was cold called and told something incorrect to get my business. I did not do any of the running. I forgot i had done it. Like i said, i had 3 very small children taking all of my time and brain. After receiving the invoice I recalled the conversation about the fees and the information I was given. I was extremely annoyed.

Why did they offer to reduce the debt at all? Is that not an admission that something is not right?

Sorry if this seems a daft question but I am confused. If Consumernet have sold the debt on then why do I pay a collection agency when the debt was disputed?Have Consumernet not been paid?

Also why is the debt now £1284? I asked the agent for a breakdown of charges but they have ignored my request.

[Amethyst]

Re: received stat demand for disputed invoice

I don't know without seeing the paperwork.

How did you get the refund - was it a cheque, or did it go to paying off some of a debt ?

How much was the refund ?

Did you claim the PPI on your own after you'd forgotten about the claims company ?

Do you own your home?

Is the stat demand for £1284 ? ( sorry yes, I'd misread your first post about the £880 so forget what I said about paying the £150 to get it under £750. - it will be interest and collection fees, Taylor Rose are sols so poss sols fees but yes you should be given a breakdown)

Who is the claimant ? ( are there two names on the form or just Wilson Rose ?)

[Amethyst]

Re: received stat demand for disputed invoice

Current Terms - http://consumer-net.co.uk/About-Us/Terms-Conditions/

will see if they have 2010's on the wayback archive. EDIT: No they haven't.

If you want you can fwd me the emails ( admin@legalbeagles.info ) - we need to put a defence together for the set aside app if you're going to go that route.

[anxiousmumof3]

Re: received stat demand for disputed invoice

I don't know without seeing the paperwork.

How did you get the refund - was it a cheque, or did it go to paying off some of a debt ?

How much was the refund ?

Did you claim the PPI on your own after you'd forgotten about the claims company ?

Do you own your home?

Is the stat demand for £1284 ? ( sorry yes, I'd misread your first post about the £880 so forget what I said about paying the £150 to get it under £750.)

Who is the claimant ? ( are there two names on the form or just Wilson Rose ?)

Think it was a cheque, and it paid my overdraft off.
It was for about £2000.
No I didn't claim anything myself. I just forgot about it. Too busy with kids.
I don't own my home or have a mortgage on the property I live in.
Yes the stat demand is for £1258.90 (sorry typed last figure wrong).The last communication from Wilson Rose stated that it will go up to £1084 if they served a demand but it has increased to £1258.

The claimant is Wilson Rose.

[Amethyst]

Re: received stat demand for disputed invoice

Okay phew, we don't have to worry about losing your house then, although bankruptcy is still best avoided if possible, unless you particularly wanted to go bankrupt (some people do).

Was the PPI from the bank where your overdraft was ? or was it from a loan etc elsewhere and you used it to pay off your overdraft ?

Did the cheque come direct from the lender/bank or from consumer-net ? (just checking they didn't take fees and pass on the balance )

30% of £2000 is £600 so yes original fee was about right in line with their terms.

So set aside app wise we have

1) Dispute the fee is owed at all - Evidence of dispute (letters and emails etc)
2) Dispute the additional charges and interest - have not received any breakdown
3) They haven;t sent you any evidence of the contract/agreement or terms and you don't have a copy.
4) Company claiming is aware it is disputed ( evidenced emails etc)

On the other side of the fence ( as the court does look at boths sides), you were sent the agreement/contract/ letters of authority etc from the claims company and you had it for a couple weeks at home. You completed the forms, signed them and returned them.

Okay any docs you have would be useful and we can work out whether you have got enough to get this set aside. There may be a hearing about the set aside.

Thank yo, and sorry for all the questions xxx We will try help all we can, I know it is worrying for you.

[anxiousmumof3]

Re: received stat demand for disputed invoice

Current Terms - http://consumer-net.co.uk/About-Us/Terms-Conditions/

will see if they have 2010's on the wayback archive. EDIT: No they haven't.

If you want you can fwd me the emails ( admin@legalbeagles.info ) - we need to put a defence together for the set aside app if you're going to go that route.

Do you mean the emails from Consumernet? I have some emails and some letters. I will email you all the communication ( sorry there's a lot). It may be tommorow now though. Thank you for your help.

[anxiousmumof3]

Re: received stat demand for disputed invoice

Okay phew, we don't have to worry about losing your house then, although bankruptcy is still best avoided if possible, unless you particularly wanted to go bankrupt (some people do).

Was the PPI from the bank where your overdraft was ? or was it from a loan etc elsewhere and you used it to pay off your overdraft ?

Did the cheque come direct from the lender/bank or from consumer-net ? (just checking they didn't take fees and pass on the balance )

30% of £2000 is £600 so yes original fee was about right in line with their terms.

So set aside app wise we have

1) Dispute the fee is owed at all - Evidence of dispute (letters and emails etc)
2) Dispute the additional charges and interest - have not received any breakdown
3) They haven;t sent you any evidence of the contract/agreement or terms and you don't have a copy.
4) Company claiming is aware it is disputed ( evidenced emails etc)

On the other side of the fence ( as the court does look at boths sides), you were sent the agreement/contract/ letters of authority etc from the claims company and you had it for a couple weeks at home. You completed the forms, signed them and returned them.

Okay any docs you have would be useful and we can work out whether you have got enough to get this set aside. There may be a hearing about the set aside.

Thank yo, and sorry for all the questions xxx We will try help all we can, I know it is worrying for you.

Refund was from different bank to one I paid overdraft off.
Cheque came from bank but after I queried the invoice, I phoned the bank to ask if Consumernet had claimed their fee as I was told. They said no.
I really felt it was totally wrong to be promised one thing then told it's not right. I felt I was tricked into giving them my business.

I have found an old post re consumernet on here from someone who believed the same (14th November 2013 member ASL3212) so it seems they may have done it before.

[Amethyst]

Re: received stat demand for disputed invoice

That's okay, and thank you xxx We'll get it sorted so try not to worry too much ok.

Just noting this for possible later use - ( bona fide and substantial dispute is what we're looking for in the evidence/emails etc)

The Applicant refers the Court to the Judgement of Mr Justice
Warren in the High Court in the case of Hammonds (a Firm) v Pro-Fit
USA Ltd (2007) EWHC 1998 (Ch) at Para 27 which states:
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).
f) In respect of the Judgement of Mr Justice Warren as set out above,
the Applicant avers that there is a clear dispute in relation to this
debt, the enforceability of the agreement is subject to challenge on
both s87 and s78 CCA 1974 grounds. The right to demand the full
balance is also open to challenge.
Accordingly, the Applicant respectfully requests that the Statutory
Demand is set aside with indemnity costs against the Respondent as the
demand

( http://www.legalbeagles.info/forums/...smith&p=289576 )

[Amethyst]

Re: received stat demand for disputed invoice

Refund was from different bank to one I paid overdraft off.
Cheque came from bank but after I queried the invoice, I phoned the bank to ask if Consumernet had claimed their fee as I was told. They said no.
I really felt it was totally wrong to be promised one thing then told it's not right. I felt I was tricked into giving them my business.

Okay thanks, had the bank sent the refund to consumer-net directly they would have deducted their fee then sent you on the remainder - thus you wouldn't have had to pay. Because the bank sent it to you directly consumernet couldn't take their fees directly and had to ask you for them out of the refund. That's what the no win no fee bit is, I understand you were confused about it but I'm not sure how you thought they would be paid.

I have found an old post re consumernet on here from someone who believed the same (14th November 2013 member ASL3212) so it seems they may have done it before.

I'll have a nosey xx

[anxiousmumof3]

Re: received stat demand for disputed invoice

Okay thanks, had the bank sent the refund to consumer-net directly they would have deducted their fee then sent you on the remainder - thus you wouldn't have had to pay. Because the bank sent it to you directly consumernet couldn't take their fees directly and had to ask you for them out of the refund. That's what the no win no fee bit is, I understand you were confused about it but I'm not sure how you thought they would be paid.

I'll have a nosey xx

It was how they worded the original conversation. They alluded to the fact that the 3rd party paid their fees. Therefore the bank would pay their fees.

[Amethyst]

Re: received stat demand for disputed invoice

So they made it sound more like a solicitor taking on a case and claiming their costs off the other side. Rather than they took it out of any refund.

We'd really need a copy of the contract you signed so yes a SAR would be good for that. If you get this stat demand set aside on grounds of a dispute unsuitable for bankruptcy court then still get hold of all the documents you can, as they could go on to take county court action afterwards so would need to defend that.

[anxiousmumof3]

Re: received stat demand for disputed invoice

So they made it sound more like a solicitor taking on a case and claiming their costs off the other side. Rather than they took it out of any refund.

We'd really need a copy of the contract you signed so yes a SAR would be good for that. If you get this stat demand set aside on grounds of a dispute unsuitable for bankruptcy court then still get hold of all the documents you can, as they could go on to take county court action afterwards so would need to defend that.

Yes that's as I remember it.

I will get the paperwork to you tomorrow. Do I need to blank out my details?

[EXC]

Re: received stat demand for disputed invoice

Do I need to blank out my details?

We always advise that you do but for the purposes of sending it to Amethyst by e-mail, in the interests of time and if it's not convenient to blank out lots of documents then don't worry. Amethyst would never post anything with your personal information on the site.

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.

Although it may be difficult to prove it sounds like Consumernet were in breach of (what was at the time) regulation 3 of the Conduct of Authorised Persons Rules for CMCs:

Client Specific Rules, Rule 3: A business must not engage in high pressure selling.

There are a number of ways in which you can be deemed to be engaging in high pressure selling. This includes, but is not limited to: persistent calls to a potential client.......persistent attempts to persuade consumers to claim)

[EXC]

Re: received stat demand for disputed invoice

So they made it sound more like a solicitor taking on a case and claiming their costs off the other side. Rather than they took it out of any refund.

It sounds like it could be.

Looking around Consumernet used Ashworth Law http://forums.moneysavingexpert.com/....php?t=3907063

Also according to a Consumernet employee's job description on their LinkedIn page from the relevant period their role was to ''Obtain daily progress reports on all clients cases from the solicitors..... exporting all new applications for solicitors''. https://uk.linkedin.com/in/vickyjohnston

Of course if anxiousmumof3 was cold called and told that her claim might be passed to solicitors (even if it wasn't) that would be a breach.