Staturoy Demand - PPI Help

[crxvt]

Hi All

First of all I would like to say this is an amazing community really like to thanks all the people who spend their time in helping people.

Really need some advice quickly!! I will try to keep it as brief as possible.

Re: PPI Claim for an on going loan 09/2011

I have just opened a letter that was posted through my door 5 days ago ‘Hand Delivered’ which is a statutory demand from WilsonRose for around £2200. The Creditors are Ismart Consumer Services.

£1200 invoice amount
£750 interest and fees??

I am really not sure what steps to take, in relation to the debt,

I am in process of sending a letter to Ismart for a copy of my agreement and letters as I don’t remember the dates.
I applied for PPI claim back then through Ismart, sent off the agreement signed etc. I remember initially getting a reply to say my claim is in process.
After the course of between 8-12 months of sending off the agreement the communication was very poor I made several calls etc to Ismart whom I never got any proper updates or any further information (I suspect around then there were still court proceeding with banks and courts over payment of PPi)
By now I was frustrated and I wrote to Ismart telling them to stop their proceedings and I would handle it my self. I also did the same for the bank.

a couple of months on I received a letter from the bank stating their offer to clear my loan and some extra cash. I accepted the offer. Later down the line I got a request for moneys from Ismart.

Ismart then sold the debt or or appointment someone who tried to recover the debt, I spoke to these people advising them of the above. Eventually they stopped bothring me. Now a year down the line ive been severed this demand.

After doing some reading on the forum, I need some advice on the following please:

1) Do I have reasonable grounds to have this set aside? Due to poor communication and the letter I sent?
2) Will Ismart send me any letters I have sent them including the agreement? Do we know if there were any flaws in their agreement?
3) They are charging me £750 interest, is there any way to get this reduced or set aside with the aboves help?
4) I will be pretty much going with the advice you people give and if the suggestion is to pay the demand right now I am in a few thousand pounds of debt and have been unemployed for a few months. I am currently living in my overdraft and have been for the past few years. I don’t have a house or anything to secure anything on. What kind of re-payment can I offer?
5) what is a reasonable offer of repayment? If Wilson rose reject my offer what will their next step be?
6) Is there any chance they might be bluffing the demand?
7) Should I instruct a solicitor? (but i have no money)


Apologies for so many question but I just need to have a clear view of the directions i Need to take.


Thanks

[Amethyst]

Re: Staturoy Demand - PPI Help

How much was your PPI refund ? and was it directly in response to your letter to the bank that the offer was made ?

Presumably the interest is 8% pa stat interest ?

I'll have a hunt see if we have ismart's terms on here. When did you sign up with them initially ?

Business Name:
i-Sm@rt Consumer Services Limited
Address:
400 Pavilion Drive
Town/City:
NORTHAMPTON
Postcode:
NN4 7PA
County:
Northamptonshire
Trading Names:
iSmart Consumer Solutions
Sector:
Financial products/services
Authorisation Number:
CRM2506

[Amethyst]

Re: Staturoy Demand - PPI Help

These seem to be ismart's terms from 2008

[Debt Camel]

Re: Staturoy Demand - PPI Help

If you feel like calling their bluff, you could of course write to them and say they will be doing you a favour if they make you bankrupt as you are unemployed, have no assets (or do you have a car?) and other debts and you can't afford the bankruptcy fees....

Another option would be to decide to apply now for a Debt Relief Order and include the alleged PPI debt in with your other debts.

It all depends on how bad your current situation is. If you expect to be able to get a decent job very quickly, then it's best to avoid insolvency. But if you are struggling anyway and this seems likely to continue, then it's better to tackle your whole debt problem rather than firefight individual debts.

NB I am not saying you don't have a good case to dispute this debt, I am just being practical about whether you have better options.

[FlamingParrot]

Re: Staturoy Demand - PPI Help

You have 18 days to apply for set aside or else they *could* issue a bankruptcy petition. :scared: Not everybody proceeds with a petition, some creditors issue SDs as a debt collection tool (bluffing as you say), but there's just no way of knowing who will proceed. :noidea:

- - - Updated - - -

IMHO the sums involved here are not sizeable enough to consider an insolvency solution, not unless there were other debts, in which case the whole picture would have to be considered.

[crxvt]

Re: Staturoy Demand - PPI Help

Thanks for the reply ppl!

I am looking to et back into work and hopefully will be in the near future, I dont have any assets except 2 cars which i really dont want to loose!

In replky to the site owner: How much was your PPI refund I dont remember exactly but including my outstanding loan around 4-5K i believe
: Was it directly in response to your letter to the bank that the offer was made - No i dont believe so, it was because Ismart started the case


Would appreciate some replies on the below so I can make a decision...? days are running outs


1) Do I have reasonable grounds to have this set aside? Due to poor communication and the letter I sent?
2) what is a reasonable offer of repayment? If Wilson rose reject my offer what will their next step be?
3) Is there any chance they might be bluffing the demand?
4) Should I instruct a solicitor? (but i have no money)