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Hamptons Legal have issued a statutory demand in person
michris
Posts: 1 Newbie
Hi there
A man turned up on the doorstep at 7pm on the 23rd March and handed me a letter and the statutory demand which was dated the 16/03.
I immediately googled for help and the consumer group forum came up.
Several people replied to my what should I do now request. One said send a SAR but the others said no send off for a CAA (have I got that right or is it a CCA - I had to send a £1 postal order with it). I sent that off on the 26th of March recorded delivery and they signed for it on the 27th.
The forum told me to get the sd set aside on the grounds that I have sent off for the cca and to date they hnaven't replied. But it is less than the 12+2 working days that I have to give them and the 18 days (including bank holidays and weekends) are up before the 12+2 days is up.
One person has printed out this massive letter that I have to put on the set aside form that lists all the relevent case law etc. Whilst another has just list what I have to say regarding the non- reply to the CCA.
I am so confused! I am no angel and have a ccj in my name but these people have never taken me to court for a ccj. They just want to make me bankrupt. The ccj is now over 6 years old.
This debt is for a capital one card that I had in 2004. They say the debt is for £1143.78 but I do not know how that is made up - if there are interest charges etc etc. My home is jointly mortgaged and I do not know what will happento it if they send in the bankruptcy petition.
WHAT SHOULD I DO??
Should I go to the court tomorrow armed with the set aside form filled in with all the case law? Should I go to the court tomorrow armed with the set aside forms stating that they haven't replied to the cca to date?
Please help I am going out of my mind trying to figure out what meeds to be done.
Many thanks
A man turned up on the doorstep at 7pm on the 23rd March and handed me a letter and the statutory demand which was dated the 16/03.
I immediately googled for help and the consumer group forum came up.
Several people replied to my what should I do now request. One said send a SAR but the others said no send off for a CAA (have I got that right or is it a CCA - I had to send a £1 postal order with it). I sent that off on the 26th of March recorded delivery and they signed for it on the 27th.
The forum told me to get the sd set aside on the grounds that I have sent off for the cca and to date they hnaven't replied. But it is less than the 12+2 working days that I have to give them and the 18 days (including bank holidays and weekends) are up before the 12+2 days is up.
One person has printed out this massive letter that I have to put on the set aside form that lists all the relevent case law etc. Whilst another has just list what I have to say regarding the non- reply to the CCA.
I am so confused! I am no angel and have a ccj in my name but these people have never taken me to court for a ccj. They just want to make me bankrupt. The ccj is now over 6 years old.
This debt is for a capital one card that I had in 2004. They say the debt is for £1143.78 but I do not know how that is made up - if there are interest charges etc etc. My home is jointly mortgaged and I do not know what will happento it if they send in the bankruptcy petition.
WHAT SHOULD I DO??
Should I go to the court tomorrow armed with the set aside form filled in with all the case law? Should I go to the court tomorrow armed with the set aside forms stating that they haven't replied to the cca to date?
Please help I am going out of my mind trying to figure out what meeds to be done.
Many thanks
0
Comments
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Hi, sorry but can't really help with the legal stuff BUT what time is your court hearing?..... do you have a CAB (citizens advice) nearby that you could get some help from?. Some courts have a CAB advisor based there who may be able to help or even come into the hearing with you.
Also,you could ask the judge for an adjournment while you take advice - if you explain the situation he will probably agree.
Good Luck!0 -
The statutory demand must not be ignored, but, for a debt of £1150, it is highly unlikely to be more than a scare tactic UNLESS you have substantial equity in property, or any other valuable assets.
A creditor petition with court fees and legal fees can cost the crediter £1000-1500, they are not going to go to the next step and actually petition for your bankruptcy unless they feel there is a chance of a return on there investment.
As your already getting advice re set aside, i will leave that to those at CAG, but if you can expand on your personal situation, we may be able to ascertain if its a bluff or a possibilaty they may follow through.Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
0
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