Statutort Demand Dismissed??????

Marisco

Hi PJ, could we have a bit of background info on this?

pinkjaney

What would you like to know

Had a guy come to the door and he handed my partner an envelope, in the envelope was a letter from Hamptons Legal (acting for Lowell Portfolio Ltd, Debt is with Capital One)

The letter is a statutory demand and stating that they will be presenting a bankruptcy petition. So i applied for this to be set aside which Lowells were aware of and told me to do as the guy there said we dont want to make him bankrupt but come to an agreemnent to told Lowells the CCA i have recived has no apr stated etc etc and they have just resent the same info but have no had the set aside dismissed and am being charged £99.88 for the privilege which we cannot pay as partner has no income for 2 weeks and when he does go back to work he is on a very low income 20p over minimum wage.

DGJsaver

Did you follow the standard CCA request route ?

pinkjaney

Yes i did sent letters etc etc as shown how to do on here lol

DGJsaver

It says he should pay the costs , what about the original debt ?

pinkjaney

Nothing it just says:

Upon hearing LOWELL PORTFOLIO 1 LTD in person

AND UPON READING THE EVIDENCE

The application to be set aside the statutory demand is dismissed and the applicant shall pay costs of this application in the sum of £99.88 by 3.8.10

Thats it nothing else

pinkjaney

Oh sorry at the top of the page it says

Insolvency Number **** of 2010

Applicant (My partner)
Respondent (Lowell Portfolio 1 Ltd)

NorthernLas

Janey -

I've had a quick look at your 2 previous threads on this.

In summary, the first thread is you getting the CCA and then asking for a SAR but noticing something about a signature and the second is more on the SAR.

https://forums.moneysavingexpert.com/discussion/2283987

https://forums.moneysavingexpert.com/discussion/comment/30623227#Comment_30623227

You applied for set-aside and it failed.
Your immediate problem is how to pay the court fee.

Can you speak with the court and tell them that you cannot pay the costs due to your low income?
Did you receive advice filling out the statutory demand set aside form from community legal advice/ CAB / NDL?
Can you get advice from community legal advice as to what your next steps should be e.g. can you appeal? was your defence OK? what happens with the statutory demand?

kittiej

Was the debt for less than £750?

RAS

pinkjaney wrote: »

Nothing it just says:

Upon hearing LOWELL PORTFOLIO 1 LTD in person

AND UPON READING THE EVIDENCE

The application to be set aside the statutory demand is dismissed and the applicant shall pay costs of this application in the sum of £99.88 by 3.8.10

Thats it nothing else

From this I assume that you/your OH did not attend the hearing?

As it appears Lowell atttended, they could just tell the judge that your statements were legally inaccurate and in the absence of any support from your OH, it would go in their favour.

Can you link to your thread with the scan of the CCA provided?