Sattutory demand under section 268(1)of the inslovency act help urgent smith

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

All done

just cut and paste

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

All done

just cut and paste

IF NOT, CUT AND PASTE ONTO A WORD DOCUMENT AND PRINT OFF AND ATTACH TO THE 6.5
AT THE BOTTOM OF THE WORD DOCUMENT PUT THIS



Sworn at

Type "(Insert your name), CONFIRM THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF

AT THE TOP OF THE WORD DOCUMENT PUT

AFFIDAVIT IN SUPPORT OF A SET ASIDE APPLICATION

THE ABOVE ONLY NEEDS TO BE DONE IF YOU ARE HAVING TROUBLE FILLING OUT THE 6.4 AND 6.5 YOURSELF

PLEASE SHOUT IF YOU FEEL A FISH OUT OF WATER, ITS ALLMOST OVER AND I AM HERE TO HELP

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

okay will be haveing trouble puting it on the forms 6.4 and 6.5 so its ready like last person did please so we can print it straight off thankyou

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

give me 20 minutes and ill do it

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

i am sending you a personal message

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

thank you very much for all your help its very much appreciated

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

i have sent an email with the documents

go over them and check any grammer etc, then just print off and take to the court

just ask for any questions but the hard bits done

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

thank you very much for all your help and time its very much appreciated

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

just fill inn the blanks that are highlighted

ive done this many times but please update your thread on anything from 1st crud or the court

dont get into any conversation with 1st crud

everything in writing

[Meagainindisguise]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Thanks for doing all that Millitant. I have only just finished work and wanted to do what I could, however you have gone above and beyond what I could have done. I wanted to make sure Smith had got everything covered as it went quiet after he originally said he was going to let a solicitor deal with it. I just got a little twitchy on Saturday that's why I posted to ask if he had sorted it out.... Good job really.

Anyway, great job and thanks again. I may need your help one day..

Maid

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

no worries

its a knowledge pool

we all learn off of each other

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Rule 6.4		Form 6.5
	Witness Statement in Support of Application to Set Aside Statutory Demand
	(TITLE)
(a) Insert name address and description of person making the witness statement	I (a) YOUR NAME AND ADDRESS AND APPLICANT
	state as follows:
(b) Insert date	1. That on (b) THE DATE YOU FIRST LAID EYES ON THE STATUTORY DEMAND the statutory demand exhibited hereto and marked “A” came into my hands.
(c) Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside (1) “Do not admit the debt because…” [here state grounds] or (2) “Admit the debt but not that it is payable immediately” [state reason], or (3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or (4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …” [state nature of satisfaction], or (5) “Say that the debt is a secured debt” [give full details of security and its value], or (6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or	2. That I (c) That I do not admit the debt because the existence/enforceability of the alleged debt is in dispute: The respondent alleges that I am indebted to it in the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 ("the 1974 Act"). It is further alleged that the debt was assigned to the respondent from the Halifax building society. I submit that the statutory demand should be set-aside upon the following grounds:- 1) The respondent has failed to serve a valid default notice in relation to the alleged agreement pursuant to s88(1) of the 1974 Act. Further or alternatively, the alleged debt contains sums levied by way of penalty charges which the applicant will say are contrary to common law and the Unfair Terms in Consumer Contracts Regulations. Accordingly, any default notice which may have been served could not have contained accurate particulars of the outstanding debt and would therefore have been defective and invalid. 2) Even if an enforceable agreement were to be produced any amount owing would be disputed due to the presence of unlawful penalty charges and the inclusion of payment protection insurance that was missold on the account. The claimant 1st Credit has failed even to provide a fully particularised statement of account from the alleged assignment of this account. The defendant has had no prior contact with the claimant 1stcredit in relation to this alleged account and regards to this petition. The defendant regards this petition to be vexatious and without merit. 3) No notice of assignment under the hand of the original creditor or alleged assignee has been sufficiently served on me as is required by the Law of Property Act 1925. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:- 136. Legal assignments of things in action. — (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing inaction, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice— Section 196(4) prescribes the requirements for giving sufficient notice by post:-

		Form 6.5 cont.
(7) “Say that execution on the Judgment of the Court has been stayed” [give details], or (8) “Say that the Demand does not comply with the Insolvency Rules in that ………” [state reason]	196. Regulations respecting notices. 4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery). 4) For the assignment of a debt to be effective and so giving the Respondent a right of action, a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before court action is commenced. It is denied that any notice of assignment was sufficiently served on me and so the Respondent has no right of action. 5) Notwithstanding the above, for a Notice of Assignment to be effective, explicit notice of assignment must be given by writing under the hand of the assignee (s136 (1) Law of Property Act1925). I further deny that any document given under the hand of the Assignor, Halifax Building Society, or the assignee, 1stCredit was sufficiently served on me. 6) The respondent has chosen to serve a statutory demand by ‘regular’ post without first making any contact with me in any way in relation to the alleged debt. In view of this, and of the matters pleaded above, the applicant avers that the service of the statutory demand is demonstrably frivolous, intimidatory and an abuse of process. 7) The demand was served to the defendant by 1st Class mail via Royal Mail. The claimant draws to the attention of the court that service of the demand can only be served by postal service if a process server has unsuccessfully tried to deliver the demand by hand. To serve a demand by postal service, the process server has to place an affidavit before the court to the effect that he has tried to serve the demand by personal service. No such Affidavit has been confirmed and place before the court. 8) The defendant has tried on several occasions to contact the person named on the petition for the alleged creditor 1st credit, a Mr. D Silcock. The response has been he is not at his desk and are unable to confirm when he will return. 9) I respectfully inform the court of a case heard by a Mr. Justice Warren in Hammond V Pro-fit USA LTD(2007) EWHC 1998 (CH) his comments were that using the Insolvency process for debt collection on a disputed debt is an abuse of the process 27 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 debt (Usually with an indemnity costs order against the petitioner). Accordingly; I respectfully request that the statutory demand be set aside. Further, I invite the court to make an order of costs in favor of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

thanks all again took it to court today the clerk behinde the counter took it orignal stat demand to process
and said they will be in touch



so what happen now

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

update just got court date 5 november at local court need to know what she as to do when she goes in court

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

no panic, that was quick though

i will guide you nearer the time

just try and digest what i put in the affdavit above

lets see what the DCA comes back with, they are not going to like this one bit, shame that someone dare challange their authority

may i ask what part of the country you are inn

PLEASE CONFIRM ALSO THE LAST TIME A PAYMENT WAS MADE ON THIS ACCOUNT (DATE)