received stat demand for disputed invoice

[enaid]

Re: received stat demand for disputed invoice

Wilson Rose must make a habit of sending out other people's documents because I had some included in my first letter too.

Maybe the ICO should be informed about this,

[Amethyst]

Re: received stat demand for disputed invoice

Yes inform the ICO ( they will sound completely disinterested but it goes on the file - it also is an idea to forward any miscreant documents to the person they were meant for with a covering not saying that the company sent them to you in error - and suggest they complaint to the ICO too)


Thanks for sending over the documents I'll go through properly later when you've had chance to send the rest ref the dispute.

The main point to note is the debt has not been sold to anyone. It is still an unpaid invoice owed to ConsumerNet. Wilson Rose are debt collecting on behalf of ConsumerNet - the Stat. Demand claim has been issued by ConsumerNet ( using Wilson Rose to do the legwork).

The increase in the amount is due to interest and charges. Their payment terms are within 10 days of invoice, The contract should have a term in about late payment charges and interest - we don't have a copy of that contract as yet so can't check it. If it was a standard 8% pa it would have taken it to about £880 by Dec 2014 from when it became due in 2011. The rest will be sols/dca charges added.

[anxiousmumof3]

Re: received stat demand for disputed invoice

Yes inform the ICO ( they will sound completely disinterested but it goes on the file - it also is an idea to forward any miscreant documents to the person they were meant for with a covering not saying that the company sent them to you in error - and suggest they complaint to the ICO too)


Thanks for sending over the documents I'll go through properly later when you've had chance to send the rest ref the dispute.

The main point to note is the debt has not been sold to anyone. It is still an unpaid invoice owed to ConsumerNet. Wilson Rose are debt collecting on behalf of ConsumerNet - the Stat. Demand claim has been issued by ConsumerNet ( using Wilson Rose to do the legwork).

The increase in the amount is due to interest and charges. Their payment terms are within 10 days of invoice, The contract should have a term in about late payment charges and interest - we don't have a copy of that contract as yet so can't check it. If it was a standard 8% pa it would have taken it to about £880 by Dec 2014 from when it became due in 2011. The rest will be sols/dca charges added.

Hi thanks for that. You should have had all paperwork now. Please let me know if you have not.

A couple of questions. Forgive me if I sound confused.
1/ I thought that if the company sending out the letter asked you to pay them, then it was a debt that had been sold on?
2/ If I can't get it set aside what do I do? Is it then too late to stop the bankruptcy proceedings?

(Sorry but feeling like its hopeless and wishing I had never taken someone at their word in the first place)

[Amethyst]

Re: received stat demand for disputed invoice

Personally, and this is JUST my opinion, I think you should contact Wilson Rose and sort out instalments to get this paid on condition they withdraw the SD. To negotiate you can tell them that they are fully aware the amount is in dispute and that you are applying to set aside the SD on that basis.

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).

2/ If I can't get it set aside what do I do? Is it then too late to stop the bankruptcy proceedings? - no but it would be a lot more difficult and costs will start racking up. Once they get the Stat Demand they can petition for bankruptcy and you'd have to go to a hearing about that.

I'll check my email now see if the rest of the docs have come through.

[Amethyst]

Re: received stat demand for disputed invoice

Nope sorry I only have the first email (with the stat demand copy & proserve letter etc).

[anxiousmumof3]

Re: received stat demand for disputed invoice

Nope sorry I only have the first email (with the stat demand copy & proserve letter etc).

I sent them on Saturday. No problem I've just sent them again. Thank you.

[Amethyst]

Re: received stat demand for disputed invoice

Yip got them now, 20 attachments, thank you xx I'm just about to log off and sort out tea but will try and have a read through those this evening and come back to you. Then tmw we best get your set aside app started.

[Amethyst]

Re: received stat demand for disputed invoice

had a quick swizz through - you mention in one of the letters you have the terms of engagement and agreement etc, and that no fees are discussed .... any chance of copies of those too ? (sorry)

[anxiousmumof3]

Re: received stat demand for disputed invoice

had a quick swizz through - you mention in one of the letters you have the terms of engagement and agreement etc, and that no fees are discussed .... any chance of copies of those too ? (sorry)

I'll have a look for them. Thanks

[Amethyst]

Re: received stat demand for disputed invoice

Thanks for sending those over.

The contracts, terms of engagement etc do all state quite clearly what the fee is and how it is organised from the refund ( ie. if it goes to them you get it after they have taken their fees, if it goes to you you pay their fees within 10 days )

The MOJ letter does state that if the written agreement is clear then you're going to be tied to it. The verbal misrep seems to be an after thought and is overruled by your having had the contract for a couple weeks before returning it. If it'd been a telephone call and they hadn't sent docs to you to complete before signing up with them, then yes, and lots of claims companies used to do that.

I'm sorry but I don't believe a court is going to be on your side over this. I know you have evidence of a dispute, but if the dispute isn't a bonafide dispute then the courts not going to chuck the SD out on that basis.

There's also the letter to them after the offer by H'fax asking them to get more, which doesn't help your case.

You need to take a step back and look at it objectively - is it worth going bankrupt over ?

I'll post the agreements now up as they have been redacted and see what others think. I can post up the dispute letters and MOJ letter too ( will redact them first) .

[Amethyst]

Re: received stat demand for disputed invoice

This is on the terms of engagement letter that you completed and sent to them. Of course they highlighted it afterwards when sending you a copy to argue their case, but it is still quite clear.

[Amethyst]

Re: received stat demand for disputed invoice

Terms.

One discrepancy is that in one they state they will pass on the refund less their fees within 7 days of receipt, and the other within 10 days. But as you got the cheque direct that is irrelevant (and I don't think it would be very damaging to their case otherwise)

[Amethyst]

Re: received stat demand for disputed invoice

Letter from MOJ

[anxiousmumof3]

Re: received stat demand for disputed invoice

Thanks for sending those over.

The contracts, terms of engagement etc do all state quite clearly what the fee is and how it is organised from the refund ( ie. if it goes to them you get it after they have taken their fees, if it goes to you you pay their fees within 10 days )

The MOJ letter does state that if the written agreement is clear then you're going to be tied to it. The verbal misrep seems to be an after thought and is overruled by your having had the contract for a couple weeks before returning it. If it'd been a telephone call and they hadn't sent docs to you to complete before signing up with them, then yes, and lots of claims companies used to do that.

I'm sorry but I don't believe a court is going to be on your side over this. I know you have evidence of a dispute, but if the dispute isn't a bonafide dispute then the courts not going to chuck the SD out on that basis.

There's also the letter to them after the offer by H'fax asking them to get more, which doesn't help your case.

You need to take a step back and look at it objectively - is it worth going bankrupt over ?

I'll post the agreements now up as they have been redacted and see what others think. I can post up the dispute letters and MOJ letter too ( will redact them first) .

Thanks for taking the time to look through the papers.

Regarding the comment about asking for more. In the letter I stated that I had been told I would get more in the phone call. That was the reason I queried it. Please do not think I was being greedy in any way. I was just referring back to what I had been told.

I have spoken to Paul this morning and he agrees that the case is not strong enough to be set aside. We may have a case for the extra charges but he will look at the contracts first.

I will just to accept that I cannot win this one but feel deeply aggreived. I was duped by a company using hard selling tactics. Something that will never happen again.

A message to everyone is to avoid CMC's at all costs!!

Thank you to all who have helped me with this stressful situation. It's good to know there are people who want to help.

[Amethyst]

Re: received stat demand for disputed invoice

I didn't think you were being greedy at all, I know they phone up and promise the earth and the paperwork never quite adds up to the promises.

Glad you have spoken to Paul, I think he's waiting on you getting back to him, so do that before you make a final decision on this. They might be able to bring more complex arguments than us lay peeps.

I completely understand how aggrieved you feel and how you came to sign the agreement without really paying attention (I have 3 kids too) - we have to look at it a bit dispassionately if we can and try see it through the court judges eyes, which doesn't always give us the answer we want.

I'm sorry if I was a little harsh to you, it was meant with the best of intentions, I know how stressful a SD is, and I also know how you can dig your heels in and stop seeing the wood for the tree's sometimes, especially when you feel you were done over.

Let me know how things go xxxxx