Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!!!

[Inca]

Re: Hi everyone, EMERGENCY! I'm new to this forum and desperately need help with a DC

YAY!!! Cel and the Clogster,,well done xxxxx :spy: hoto:

[PlanB]

Re: Hi everyone, EMERGENCY! I'm new to this forum and desperately need help with a DC

This is such good news :high5: Well done to all involved :dance:

Hopefully this isn't the end of the story because the individuals behind this scam need to be put out of business - although they seem to be doing a pretty good job of that themselves :grin:

It must be a real relief to the poor 80 year old grandmother who should not have been targetted. Perhaps Cloggy can add a photo of her to his collection hoto: and then offer the whole story to the Manchester Evening News including a link to LB for anyone else who has fallen foul of this scam. Every cloud has a silver lining :beagle: :beagle::beagle:

[basil010]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Regarding the formal notice of Bankruptcy, the DCA has no rights whatsoever to issue Bankruptcy proceedings, this can only be done by the Creditor who presumably is the Landlord.
If the Grandmother gets issued with a Statutory Demand (Section 6.1 is the correct form), then she needs to Apply to her local County Court for Bankruptcy to have it "Set Aside". This has to be done within 21 days of the service of the Statutory demand upon the Grandmother. (If it was sent through the post and they try to proceed with a Bankruptcy Petition you will have an argument that the Statutory Demand was never served upon the Grandmother.
It is very dangerous for anyone to issue a Statutory Demand against an individual if the Courts have not already issued a Judgement in favour of the Claimant as if it was Set Aside then whoever issued it would be laible for the costs of the hearing. I would therefore presume that this is a threat of some sort in order to try and frighten the Respondent (the Grandmother) into paying the money, although the use of a Statutory demand to as a debt collection tool is not allowed, it is for Insolvency. Do not pay any money to the D.C.A. as there is no legal authority for a D.C.A. to actually collect any debt unless they have purchased it themselves. You should also report the D.C.A. to the OFT and the Police as this appears to be a matter that might come under Section 41 of the Administration of Justice Act and the Freedom from Harassment Act which makes it a criminal offence to harass, intimidate or embarrass anyone for a debt that has not been awarded by the Courts.

[Celestine]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Regarding the formal notice of Bankruptcy, the DCA has no rights whatsoever to issue Bankruptcy proceedings, this can only be done by the Creditor who presumably is the Landlord.
If the Grandmother gets issued with a Statutory Demand (Section 6.1 is the correct form), then she needs to Apply to her local County Court for Bankruptcy to have it "Set Aside". This has to be done within 21 days of the service of the Statutory demand upon the Grandmother. (If it was sent through the post and they try to proceed with a Bankruptcy Petition you will have an argument that the Statutory Demand was never served upon the Grandmother.
It is very dangerous for anyone to issue a Statutory Demand against an individual if the Courts have not already issued a Judgement in favour of the Claimant as if it was Set Aside then whoever issued it would be laible for the costs of the hearing. I would therefore presume that this is a threat of some sort in order to try and frighten the Respondent (the Grandmother) into paying the money, although the use of a Statutory demand to as a debt collection tool is not allowed, it is for Insolvency. Do not pay any money to the D.C.A. as there is no legal authority for a D.C.A. to actually collect any debt unless they have purchased it themselves. You should also report the D.C.A. to the OFT and the Police as this appears to be a matter that might come under Section 41 of the Administration of Justice Act and the Freedom from Harassment Act which makes it a criminal offence to harass, intimidate or embarrass anyone for a debt that has not been awarded by the Courts.

Hi Basil

The Statutory Demand WAS successfully challenged and set aside last week.

The creditor is playing hide and seek.........

[CleverClogs]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

And NG Collections seems not even to exist.

[CleverClogs]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

The creditor was playing at Silly Buggers...

I've fixed your post for you. :rofl:

[fuzzybrain]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Just goes to show how powerful the LB and Watsons team are. Bit like Batman and Robin

Well done on your victory xxxx

[debtdispute]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

I'm extremely pleased that it is all over and done with, not only for myself, but for everyone who has helped out on this thread. It feels like a well deserved and entirely shared victory, so well done to everyone. Specifically, Celestine, Freepost and of course the superhuman-like CleverClogs. Without all your leg/camera work I fear this would have been a much more difficult case to win. From the the very bottom of not just my heart, but my girlfriends heart and her grandmothers heart, a huge thank you and three cheers for CleverClogs!

[Celestine]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

And Thank you Debt Dispute for such a lovely review x
http://www.solicitor.info/solicitors...licitorreviews

It made me feel very proud to play a role in setting aside rip off statutory demands

[Inca]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Awwwwww........bless the Cloggied One.....under that jocular hooligan persona beats a heart of pure granite....I mean gold msl:

[FlamingParrot]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

And Thank you Debt Dispute for such a lovely review x
http://www.solicitor.info/solicitors...licitorreviews

It made me feel very proud to play a role in setting aside rip off statutory demands

I see that page is full of glowing reviews! :cheer2::cheer2::cheer2:

Watsons are indeed a five star firm!

[CleverClogs]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

I'm extremely pleased that it is all over and done with, not only for myself, but for everyone who has helped out on this thread. It feels like a well deserved and entirely shared victory, so well done to everyone. Specifically, Celestine, Freepost and of course the superhuman-like CleverClogs. Without all your leg/camera work I fear this would have been a much more difficult case to win. From the the very bottom of not just my heart, but my girlfriends heart and her grandmothers heart, a huge thank you and three cheers for CleverClogs!

You are really too kind, for it is my genuine and sincere pleasure to offer such help as I can, poor and inadequate as it was.

[CleverClogs]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Awwwwww........bless the Cloggied One.....under that jocular hooligan persona beats a heart of pure granite....I mean gold msl:

I am sure you were right the first time.

[Celestine]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

You are really too kind, for it is my genuine and sincere pleasure to offer such help as I can, poor and inadequate as it was.

Seriously, those photos were crucial. Did you see the Google map images? They were awful, one even had a van obscuring the view of the premises!! To have performed such due diligence, clearly impressed the judge on the day.

[FlamingParrot]

Re: Hi everyone, EMERGENCY! I'm new to forum, desperately need help with a DCA! WON!!

Seriously, those photos were crucial. Did you see the Google map images? They were awful, one even had a van obscuring the view of the premises!! To have performed such due diligence, clearly impressed the judge on the day.

If you ever need someone to take pics somewhere in Kent do let me know, photography is one of my fave hobbies and I've got a nice DSLR! hoto: hoto: hoto: