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

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  • #16
    Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

    It looks like they have done a quick check via the land registry and are like I said before are having one last throw of the dice before the statute of limitations kicks in. As you have a property and this Debt could be secured against it is important to get the set aside done. have a look around the forum to see how its done. I am not being awkward, you do need to do what you can yourself. We will help you where needed. Don't delay. Get something written up and I or others will give it the once over.

    Maid

    Comment


    • #17
      Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

      I and others will help you out with this, however, you really do need to do a little homework. It's not easy but the work you do now by researching is just like revising for an exam. it will pay off. Your wife will need to go to court as she is the one named on the SD, is she up to it? You can be a McKenzie friend (assist her in court) however you won't be able to address the court directly. If you are not confident in going to court it would be worth seeing professional advice after all, as you said your home could depend on it.

      Comment


      • #18
        Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

        thanks as we both have mental health probs ongoing think ill contact a solictor

        Comment


        • #19
          Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

          I think you are doing the right thing both you and wifes health needs must come first and having a legal person to guide you properly will be a bonus. we are alwaysw here to support you as well. Dont forget you have only 18 days to set the stat aside into court - dont waste any time as you will find your self being made bankrupted.

          Originally posted by smith View Post
          thanks as we both have mental health probs ongoing think ill contact a solictor

          Comment


          • #20
            Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

            Originally posted by TUTTSI View Post
            I think you are doing the right thing both you and wifes health needs must come first and having a legal person to guide you properly will be a bonus. we are alwaysw here to support you as well. Dont forget you have only 18 days to set the stat aside into court - dont waste any time as you will find your self being made bankrupted.
            Seconded.

            Comment


            • #21
              Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

              Originally posted by smith View Post
              thanks as we both have mental health probs ongoing think ill contact a solictor
              Smith, Hopefully you have sorted out a solicitor, if not please shout up.

              You only have until 16th to get this sorted. it won't disappear without a little help. If you need that help, we are here.


              Maid

              Comment


              • #22
                Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                Originally posted by Meagainindisguise View Post
                Smith, Hopefully you have sorted out a solicitor, if not please shout up.

                You only have until 16th to get this sorted. it won't disappear without a little help. If you need that help, we are here.


                Maid


                hi sorry not back to you phoned first credit up told them the account was in dispute they withdrew the statutory demand AND PUT THE ACCOUNT ON HOLD TILL THEY GET CREDIT AGREEMENT FROM HALIFAX AND STATMENTS they sent a letter to us from( 1) halifax NOTICE OF ASSIGNMEN) (2) LETTER 1ST CREDIT ACCOUNT ASSIGMENT THAT THERE LEGAL OWNER OF THE DEBT FOLLOWING ASSIGNMENT FROM BANK OF SCOTLAND (3)LETTER from connaught collections can we have your money ..

                halifax we sent cca for credit agreement never ever got any thing back from them

                halifax we sent sar for credit card statments never ever got any thing back from them

                all this was around 2007

                shall i re sent cca,sar, to halifax and to first credit

                Comment


                • #23
                  Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                  hi sorry not back to you phoned first credit up told them the account was in dispute they withdrew the statutory demand AND PUT THE ACCOUNT ON HOLD TILL THEY GET CREDIT AGREEMENT FROM HALIFAX AND STATMENTS they sent a letter to us from( 1) halifax NOTICE OF ASSIGNMEN) (2) LETTER 1ST CREDIT ACCOUNT ASSIGMENT THAT THERE LEGAL OWNER OF THE DEBT FOLLOWING ASSIGNMENT FROM BANK OF SCOTLAND (3)LETTER from connaught collections can we have your money ..

                  halifax we sent cca for credit agreement never ever got any thing back from them

                  halifax we sent sar for credit card statments never ever got any thing back from them

                  all this was around 2007

                  shall i re sent cca,sar, to halifax and to first credit

                  Comment


                  • #24
                    Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                    have you done the 6.4 and 6.5 yet

                    has it been place into the court system

                    how do you know they withdrew the statutory demand

                    i would continue and get this set aside once and for all

                    Comment


                    • #25
                      Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                      Originally posted by smith View Post
                      hi sorry not back to you phoned first credit up told them the account was in dispute they withdrew the statutory demand AND PUT THE ACCOUNT ON HOLD TILL THEY GET CREDIT AGREEMENT FROM HALIFAX AND STATMENTS
                      Smith,

                      You cant withdraw a SD as such. they either go through with it or they don't. Are you prepared to take the risk. Most DCA use SD's as a tool to scare people into paying. I would do the set aside just in case, you never know how serious a DCA is regarding the SD. I am just about to go to bed as I am on an early shift tomorrow but will pop in as soon as I get back from work. I know I said you would have to go to court to defend this. The best case scenario is the DCA wont even show up.

                      If they do show up is your wife up to it. Remember we are talking a few weeks away so you can always take legal advice in that time. It is up to you. It's a gamble to leave it, however, it costs the DCA a lot of money to follow through after the SD. They may even be left getting nothing if there is not much equity in the property. Others will be around before I get back so post up and someone will help you out.

                      Smith, one last thing. Don't panic, together we will get it sorted. I will sort the forms out with you tomorrow. However you will need to get them to court by close on the 16th. You ok to do that?


                      Maid

                      Comment


                      • #26
                        Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                        Originally posted by miliitant View Post
                        have you done the 6.4 and 6.5 yet

                        has it been place into the court system

                        how do you know they withdrew the statutory demand

                        i would continue and get this set aside once and for all



                        got letter from them stateing its been withdrew

                        Comment


                        • #27
                          Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                          letter states

                          we write further to our telephone conversation of even date in relation to the above matter

                          as discussed we confirm that we have requested a copy of your credit agreement from halifax
                          alony with the statementsof account and will forward these to you once we are in receipt of the same .. in the interim we confirm that we formally withdrew 26 september2012 statutory demand,and confirm that no further action will be taken against you by us in respect of this matter untill the information you request has been provided

                          please find enclosed the following

                          1) notice of assignment sent to you by the original credior on 13 august 2012 in accordance with section 136 law of property act 1925

                          2)) notice of assignment sent to you by the 1st credit finance 5 limited on 13 august 2012 in accordance with section 136 law of property act 1925

                          both the above letters are dated 10.8.2012
                          none of the above letters was sent to us told them on the phone

                          Comment


                          • #28
                            Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                            Originally posted by Meagainindisguise View Post
                            Smith,

                            You cant withdraw a SD as such. they either go through with it or they don't. Are you prepared to take the risk. Most DCA use SD's as a tool to scare people into paying. I would do the set aside just in case, you never know how serious a DCA is regarding the SD. I am just about to go to bed as I am on an early shift tomorrow but will pop in as soon as I get back from work. I know I said you would have to go to court to defend this. The best case scenario is the DCA wont even show up.

                            If they do show up is your wife up to it. Remember we are talking a few weeks away so you can always take legal advice in that time. It is up to you. It's a gamble to leave it, however, it costs the DCA a lot of money to follow through after the SD. They may even be left getting nothing if there is not much equity in the property. Others will be around before I get back so post up and someone will help you out.

                            need help

                            Smith, one last thing. Don't panic, together we will get it sorted. I will sort the forms out with you tomorrow. However you will need to get them to court by close on the 16th. You ok to do that?


                            Maid
                            couldnt aford the solitor fees
                            Last edited by smith; 14th October 2012, 23:35:PM. Reason: need help

                            Comment


                            • #29
                              Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                              Originally posted by Meagainindisguise View Post
                              Smith,

                              You cant withdraw a SD as such. they either go through with it or they don't. Are you prepared to take the risk. Most DCA use SD's as a tool to scare people into paying. I would do the set aside just in case, you never know how serious a DCA is regarding the SD. I am just about to go to bed as I am on an early shift tomorrow but will pop in as soon as I get back from work. I know I said you would have to go to court to defend this. The best case scenario is the DCA wont even show up.

                              If they do show up is your wife up to it. Remember we are talking a few weeks away so you can always take legal advice in that time. It is up to you. It's a gamble to leave it, however, it costs the DCA a lot of money to follow through after the SD. They may even be left getting nothing if there is not much equity in the property. Others will be around before I get back so post up and someone will help you out.

                              Smith, one last thing. Don't panic, together we will get it sorted. I will sort the forms out with you tomorrow. However you will need to get them to court by close on the 16th. You ok to do that?


                              Maid
                              thats good of you thankyou

                              Comment


                              • #30
                                Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

                                Originally posted by smith View Post
                                thats good of you thankyou
                                letter states

                                we write further to our telephone conversation of even date in relation to the above matter

                                as discussed we confirm that we have requested a copy of your credit agreement from halifax
                                alony with the statementsof account and will forward these to you once we are in receipt of the same .. in the interim we confirm that we formally withdrew 26 september2012 statutory demand,and confirm that no further action will be taken against you by us in respect of this matter untill the information you request has been provided

                                please find enclosed the following

                                1) notice of assignment sent to you by the original credior on 13 august 2012 in accordance with section 136 law of property act 1925

                                2)) notice of assignment sent to you by the 1st credit finance 5 limited on 13 august 2012 in accordance with section 136 law of property act 1925

                                both the above letters are dated 10.8.2012
                                none of the above letters was sent to us told them on the phone

                                Comment

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