Urgent help needed = stat demand and go debt

[Celestine]

Re: Urgent help needed = stat demand and go debt

Post up the copy Dusty

Don't worry about wanting to be absolutely certain, I would too if I was dealing with something unfamiliar and dangerous to my livelyhood. x

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

Thanks for the replies. I think I am starting to breathe a bit again.
Here is what they sent me with personal details blanked out.

[mr.ton]

Re: Urgent help needed = stat demand and go debt

Put simply - if a court has no knowledge of this - then its only use is as toilet paper quite frankly.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

I know mr.ton but I have to be careful.
I will ring the court again to triple and quadruple check.

Is there any thing I need to ask them for?

[Gorang]

Re: Urgent help needed = stat demand and go debt

Personally

If that court is your local court then I would take that documents to them and show the clerk and see what they say, failing that then I would either email or fax them to the court if they allow you to, explain your worries to the clerk and see what they say, as my thoughts are if this is not genuine then the court will not be happy at go debt appling this tactics, and using the courts name in vain


Secondly once you have done the above, I would then contact PCF and ask what the outstanding debt is also make them aware of what the tactics that go debt are up to , and tell them you will not deal with go debt abut this account but you are willing to still deal with PCF to pay off the amounts owing

Thirdly if it does turn out to be what we suspect and Go debt are full of BS then I would also contact Trading Standards and any other relevant authorities, and make them aware of what go debt are doing

I must point out tho, this is only my thoughts and peeps with SD or go debt experiance may have other and better ideas of how to deal with this

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

thankyou for that gorang.
I am just about to phone the court now to check again.

PCF refuse to do anything with it as say they have sold the debt to Go Debt.

I have received a message today from Go Debt acknowledging my letter of dispute and have replied back saying the charges are interest and are correct. Also that they have reduced edtheir settlement figure from £9k to just under £3k. I so wish I had that money to pay it!!!

[Gorang]

Re: Urgent help needed = stat demand and go debt

Ok if they say they have sold the debt then you should of received
1. a default notice from PCF
2. a Notice of Assignment

If you have recieved neither then the assignment is INVALID

Also check your credit history with Experian, Equfax and Call Credit and see if this account is on there and who owns it also when it was defaulted if at all

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

I wasn't aware of it but in the various paperwork Go Debt sent me there is a default letter from PCF which to be honest was 3 years ago so its not impoosible I received it and buried it....
There is also what I believe is a deed of assignment which shows it was sold to Go Debt.

I have just phoned the court and they say there is no way they can tell if it is genuine or not but best to send the set aside either in person or via post asap.
It can't be taken in person as that is in Croydon, my home area court but in fact due to work I am in fact hundreds of miles away for the next month so i cannot hand it in in person.

The said to post it instead which to be honest I need to do to post it tomorrow morning at the ltest to get there in time.

The lady on the phone at the court said that it would then be down to the judge to amke a decision based on the info in front of him and that he/she may call both parties in for a hearing at a later date.

I was told I need to fill in a form called 6.4 and 6.5 which I am now going to the insolvency websit to find a copy.

Any help wold be massively appreciated as I am a bit out of my depth here!

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

okay so I have the two forms 6.4 and 6.5
blooming heck, its not easy is it.
so can I be my own witness or do I have to ask someone else
and I don't have a solicitor so how on earth can I do this.

panic mode back on. I've really cocked up big time here.....

[Gorang]

Re: Urgent help needed = stat demand and go debt

I will hand you over to peeps that know about the setasides as I have never had to do one, I have only done defences

My main concern is that we still do not know if this is genuine or not

Could you perhaps go into a local court beside where you are now and see if that a clerk thinks its genuine or not, as if they phone croyden court, between the 2 clerks they should mangage to determine if it is genuine or not as there should be sumit on there that the clerks can use to clarify it, I would of thought, a number of some kind maybe

Also a clerk could also tell or show you what should be on a Stat Demand notice, ie numbers and the like

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

I talked through with a lady at the croydon court an dshe confirmed it sounds genuine as I read it to her but she said they could not tell if it was genuine and the best thing to do is send it the set aside forms anyway.

Meanwhile I am still getting emails and calls from Go Debt offereing me various settlement balances - I'd love to know how they change so dramatically each time and how they calculate them but there you go, that's their decision I guess!

They keep saying if you do nothing we will make you bankrupt. They are not rude but certainly are persistant.

What I don't undertand is why they are contacting me if they have sent something to the court. Why not wait until that is completed?

[ODC]

Re: Urgent help needed = stat demand and go debt

The court will not know anything about an SD being issued. It is NOT issued by a Court. It is issued by the DCA. The first the Court knows about it is
a. When you apply to have it Set Aside
or b When the DCA issues Bankruptcy Proceedings.

That said however its a common tactic with this shower of Juankers.

They are clearly totally unaware of the OFT Guidelines on the collection of Debt in particular their absolute refusal to accept Instalments and their use of an SD / Bankruptcy as a means of Debt Collecton.

NEVER speak to these Counts other than through a medium. Keep every contact in writing. Go for the set aside. It costs nowt and you may feel be able to get costs awarded against them when successful.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

hi ODC, thanks for clarifying that.
I have the two forms here to fill in. Do you knwo anything about completing them?

Ive read a guidance on them and it has muddles me even more.

The reason I want it set aside is that I am disputing the amount of the debt.
The original debt has increased massively with load of penalty interest and from loking at the back of my agreement do not match the charges and interest they mention there.

I feel I have made reasonable offers to pay an amount each month of what I can afford as I am not denying I owe money. I have proof of this via emails and letters and Go Debt refused it. I can also back this up with payslips etc.

Also I am not happy with the way the statitory demand has been served as they claim to have made a doorstep visit, no one was in so they put an appointment letter for when they would call, called then and put the statutory demand through the door. Unfortunately because I work away from home pretty much all of the time I never recevied the appointment details in time and also nothing has been put through my door although they said they have a witness statement to say it was.
They sent it to me via email last week as a chasing email saying if you do nothing we will make you bankrupt, also offering a discounted settlement figure.

[DustyCloud]

Re: Urgent help needed = stat demand and go debt

and they've sent me another email again saying running out of time and to pay settlement figure
persistent little sods aren't they.

starting to get a bit cross now.

can anyone help me fill in the forms please or know a guide that is fool proof?

[Celestine]

Re: Urgent help needed = stat demand and go debt

HELP !! Statutory Demand - Legal Beagles Consumer Forum

Statutory Demand from Capquest - Advice needed - Legal Beagles Consumer Forum

And found this on UK Business Forums

How to have a Statutory Demand (SD) set aside

There are many creditors who are issuing Statutory Demands (SD’s) inappropriately i.e. as a threat only and have no intention of going the whole route of making someone bankrupt. I have therefore set out a step by step guide to defending yourself from these types of threats.


Now in my job as a Process Server, I serve a lot of SD’s and people generally have a misconception that they can avoid or evade being served. This misconception clearly comes from the influence of American movies where you see the process server attempting to serve the person who refuses to receive it in their hands.


In England, it is generally impossible to evade service of a SD and if a person is being evasive then we simply send them a letter of appointment via 1st class post and serve them through alternate service i.e. by putting the SD through the person’s door or even leaving somewhere and informing the person of where it is and what is on it. Alternate service is just that, some other way of serving the document and I have known documents being served by publishing it in the local papers or taking out an advert. Once the SD is served, generally a statement of service is written and signed by the Process Server

So what is an Statutory Demand?

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgement is not necessary. The link here is a PDF of a Debt for Liquidated Sum Payable Immediately and also Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court and Debt Payable at Future Date

So that’s what they look like. Lets look at the common strategies for dealing with them.
How to reduce the risk of bankruptcy following a statutory demand?

(a) To avoid bankruptcy reduce the debt to less than £750.


(b) Offer to pay the debt by instalments.


(c) Make a reasonable offer to settle the debt.


(d) Apply to have the Statutory Demand set aside on the grounds that the debt is in dispute.


After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.


To successfully get a statutory demand set aside one or more of the following must be satisfied:-


* The amount stated on the statutory demand is disputed.


* The person issuing the statutory demand also owes money. This is called a counterclaim.


* The person issuing the statutory demand is holding security that equals or exceeds the amount owing.


* The demand was issued in error.


* The amount owing is less than £750


* Execution has been stayed on a judgement debt.


* The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.


* The creditor failed to comply with the rules and prejudiced the debtor in the process.


Step 1 - So the best way of dealing with an SD is to accept the SD because it has lots of important information that you are going to need.


Step 2 - Read it carefully and decide if the particulars are correct. The debt has to be over £750 and not in dispute.


Step 3 - Write to the person named in part B of the SD informing him/her that the debt is in dispute and say why.


Step 4 - Print out an Application to Set Aside a Statutory Demand and an Affidavit in Support of Application to Set Aside Statutory Demand which you must fill in and present at the court within 18 days of being served.