This might be completely Hatstand, but .....

[Curlyben]

With the value of Bank Reclaims, has anyone considered using a Statutory Demand against the banks for the return of charges.
After all they, or the DCA's, misuse them for debt collection activities.
We had a recent CapQuest SD served for an overdraft !!!

I also remember reading about one being served on HSBC for judgemented charges from a CMC.

Probably totally barking, but there you go..

Thoughts, or should I crawl back under my rock

[natweststaffmember]

Re: This might be completely Hatstand, but .....

How would that work cos that sounds interesting?

[Amethyst]

Re: This might be completely Hatstand, but .....

hmmmmmmmmmmmmmm

[Curlyben]

Re: This might be completely Hatstand, but .....

Yeah exactly....

Would rather short circuit the court process.

[Guest]

Re: This might be completely Hatstand, but .....

In order for a Statutory Demand to work, you would need to prove that the debt was owed and that there was no dispute. A Statutory Demand is not to be taken lightly, either by the issuing party or the recipient. If there is any dispute as to the validity of the alleged debt, then issuing a Statutory Demand can backfire quite spectacularly.

I would not issue one unless I had already obtained judgment for example, or in the event of a bounced cheque, although there are other methods of recovering money that might be more appropriate in both instances.

[Amethyst]

Re: This might be completely Hatstand, but .....

I think you have to be 'certain' the debtor (bank) owes you the money and there can't be any doubt/issues. I would guess AFTER the test case conclusion and whatnot then possibly if the bank refused to pay you COULD use one to get fast payment. If there is any doubt then, as you know, they can be set aside with a costs risk to the claimant.

[Amethyst]

Re: This might be completely Hatstand, but .....

oh poo, sorry Cet, crossed with you teach me to refresh first.

Hey at least we agree, makes a change lol

[enaid]

Re: This might be completely Hatstand, but .....

That would be magic if all goes our way, an SD from every claimant who is owed over £750, what is it 21 days to pay or else? lol

[Curlyben]

Re: This might be completely Hatstand, but .....

In order for a Statutory Demand to work, you would need to prove that the debt was owed and that there was no dispute.

And there's the CRUNCH !!!

[Sapphire]

Re: This might be completely Hatstand, but .....

Just imagine all those burly bailiffs (allegedly) marching into the banks a serving them.