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Statutory Demand - Please help me

concernedbrit
Posts: 2 Newbie
Hi all,
I've been served with a statutory demand (in person) for a debt and I'm not sure what to do and it looks like I'm facing bankruptcy so help and advice would be really appreciated.
The demand is for a debt going back to 2001, and the last time I acknowledged or paid on this debt was December 2004 whilst in another country abroad.
I came back to the UK in Feb 2005 due to a family situation and did not have a permanent residence until late 2005.
I hadn't heard from the company all this time until the demand was issued last week at my current address, where I've been since 2007.
I was thinking that the debt is statute barred, and was going to apply to get the demand set aside for this reason, however it seems a CCJ was issued against me in Nov 2005 which I was unaware of and thus the six year statute barred rule doesn't apply.
What I'm wondering is whether the CCJ is legit because I was never served any papers and thus I was denied an opportunity to mount a defence/counterclaim/make payment arrangements.
If this is the case, surely the CCJ can be set aside, thus the debt being statute barred and finally the statutory demand set aside?
Can anyone help me? I have 20 days to reply to the demand and the sum involved will bankrupt me. Needless to say I'm extremely worried.
Thank you.
I've been served with a statutory demand (in person) for a debt and I'm not sure what to do and it looks like I'm facing bankruptcy so help and advice would be really appreciated.
The demand is for a debt going back to 2001, and the last time I acknowledged or paid on this debt was December 2004 whilst in another country abroad.
I came back to the UK in Feb 2005 due to a family situation and did not have a permanent residence until late 2005.
I hadn't heard from the company all this time until the demand was issued last week at my current address, where I've been since 2007.
I was thinking that the debt is statute barred, and was going to apply to get the demand set aside for this reason, however it seems a CCJ was issued against me in Nov 2005 which I was unaware of and thus the six year statute barred rule doesn't apply.
What I'm wondering is whether the CCJ is legit because I was never served any papers and thus I was denied an opportunity to mount a defence/counterclaim/make payment arrangements.
If this is the case, surely the CCJ can be set aside, thus the debt being statute barred and finally the statutory demand set aside?
Can anyone help me? I have 20 days to reply to the demand and the sum involved will bankrupt me. Needless to say I'm extremely worried.
Thank you.
0
Comments
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Did you inform the debtor of your change of address, and can you prove you did?
If they sent the CCJ paperwork to your last known address because you didn't tell them your new address, then the CCJ will stand.0 -
How much is it for??0
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What sort of debt and how much is it for?
Also, what assets do you have and which DCA are we talking about?If you've have not made a mistake, you've made nothing0 -
The debt is in excess of £20k and for a Solicitor's firm.
I had made over £7k of payments in 04 and was led to believe that the debt was settled as the firm in question advised me in Dec 04 that the bill was to be paid via an arrangement, and insinuated that my payment of £7k was that arrangement. They never sent me any further correspondence after that. As I thought it was over and done with, I didn't give them a forwarding address, firstly as said because I assumed it was done and secondly because at that time I didn't have a permanent address and was staying with relatives around the country.
I found permanent residence in late 05, and have been registered on the electoral roll ever since, so I've not tried to 'hide' myself away or anything.
Next thing I know is now I'm faced with a Stat demand for over £20k and apparently I've been served with a CCJ in late 05 which I never had any knowledge of. I just don't know what to do...:(0 -
See a solicitor,0
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