Statutory demands help is at hand

If you receive a Statutory Demand and need help we have been very successful in helping a number our members having them set aside. Not all cases are straight forward but in a lot of the cases where Debt Collectors buy debts do not always have all the necessary paperwork to back up making a person bankrupt.

It is always important to seek help as soon as a statutory demand is received as you only have 18 days in which to apply to have this set aside and you can receive help here on Legal Beagles.

[CleverClogs]

Re: Statutory demands help is at hand

In a few other, recent cases, the alleged debt did not even exist!

http://www.legalbeagles.info/forums/...lp-with-a-DCA!

[Celestine]

Re: Statutory demands help is at hand

Thanks for highlighting this Tuttsi xx

To give a little more information:

As part of my work and training at Watsons Solicitors, I've been tasked with handling all their clients who have received statutory demands. Most involve disputed credit card and catalogue/store card debt where a s.78 CCA1974 request has been made but has not been properly complied with.

Unlike County Court proceedings, statutory demands are not designed to work appropriately for the collection of disputed debts. If a debt is genuinely disputed, then any possible claim should start from a s.7 County Court claim, NOT bankruptcy proceedings.

I'm finding the process of managing stat demands very rewarding. The timescales are fast, the pressure to analyse a lot of data quickly is challenging. But the results also come quickly and for a trainee like me, it is also an excellent tool for learning 'case management'.

80% of my clients have debts being chased by Lowell Portfolio 1.

ALL my clients that I am representing are on conditional fee agreements, even our barrister offers CFA, so the process does not cost my clients a single penny. All costs are promptly recovered from the opposition upon settlement.....which most often is in the days leading up to the Hearing.

I've successfully represented a few Beagles, who I hope might pop in and give some feedback.
Fuzzybrain, RoryGoodbeat and DebtDispute have all had wins in recent weeks.

Also, crucially, the analysis we do as part of the application to set aside, enables the client to have a solid defence in place in case any creditor then attempts county court proceedings. This should mean that Lowell/Cabot etc would be very wary of issuing such proceedings and so far seems to be proving correct.

Unfortunately, I can't accept every person who approaches me, sometimes the underlying agreement is enforceable, the Default Notice could be reissued correctly, or a recon could be knocked up. It is also vital to show that you have genuinely disputed the agreement. An essential part of the application is a witness statement. If you sent a CCA request, what did you receive? Did you query it? Did you keep the letters?!

One thing that is worrying, is multiple accounts of poor conduct by Judges towards Litigants in Person at application hearings. They seem preoccupied with, "well did you borrow the money?", they are reluctant to consider CCA1974, 'because they don't fully understand it' (direct quote from Fuzzybrains 1st Hearing). Freepost experienced this same phenomenon at his set aside application on Wednesday, even though the other side didn't bother to turn up?!

So if you are reading this and have just had the misfortune of an encounter with a process server and are now the owner of a shiny new statutory demand, start a thread and/or PM me and I'll take a look.


http://www.solicitor.info/solicitors/watsons/1698/1


I'll add some links to successful cases shortly.

Thanks :beagle:

[PlanB]

Re: Statutory demands help is at hand

I've successfully represented a few Beagles, who I hope might pop in and give some feedback. Fuzzybrain, RoryGoodbeat and DebtDispute have all had wins in recent weeks.

. . . So if you are reading this and have just had the misfortune of an encounter with a process server and are now the owner of a shiny new statutory demand, start a thread and/or PM me and I'll take a look.


http://www.solicitor.info/solicitors/watsons/1698/1

And boy did we at LB party hard after those successes :drum: :music: :rockon:

I was particularly touched by the story of Fuzzybrain (thread in the VIP section) because it seemed the court bent over backwards to give Lowells chance after chance to correct their mistakes with various hearings and court orders and delays in the timetable of the normal legal process :blah::blah::blah: which a LIP would never be given.

The SD was served in December which ruined her Christmas :santa1: She then endured four months of living hell before Cel got Lowells to admit defeat :high5: