Statutory demand

monkfish1

Hi

I owe barclaycard 10000 and been given a letere statutory demand says they will take me to court for a bankruptcy petition at county court. It gives me 18 days to call and settle i have had the debt passed around from companyt to company for a year never really knowing who i owe and have asked for a cca several times just to have my cheque returned ? Any idea how i stand i would like to pay but cant aford much at moment Andy

amyloofoo

monkfish1 wrote: »

Hi

I owe barclaycard 10000 and been given a letere statutory demand says they will take me to court for a bankruptcy petition at county court. It gives me 18 days to call and settle i have had the debt passed around from companyt to company for a year never really knowing who i owe and have asked for a cca several times just to have my cheque returned ? Any idea how i stand i would like to pay but cant aford much at moment Andy

What an incredibly stressful position to be in. Apart from the issues with this card, are you having other financial problems? If so, it might be worth posting a SOA and seeing if some of the knowledgable posters on here can help out. Have you contacted any of the debt charities such as CCCS?

This really isn't something I know an awful lot about, and I'm sure there will be much more financially astute people along to help; but I'd presume that since they're now considering court action the debt has been passed back to Barclaycard from the DCAs? If this is the case then your best bet may be to get in touch with them and offer a reduced payment (unless you're considering a DMP in which case whoever's handling this for you should be able to do it).

fatbelly

Is bankruptcy a good option for you? If so, their action will potentially save you £700 in fees.

Alternatively you can apply for set aside citing breach of Consumer Credit Act (may not work - when did the agreement start?)

Factsheet Dealing with a statutory demand

fermi

Who has made this stat demand?

Barclaycard? Mercers?

Or on behalf of a debt collector? Lowells? Capquest? 1st Credit/Connaughts?

Some of those send out SDs by post, which in most cases is an empty threat. While others like Lowells recently, can be deadly serious about making you bankrupt.

"Given" a letter?

Was it hand delivered? Was it just put through the door?

If just put through the door, had you been notified of any previous attempts to serve on you personally?

Either way, if you have grounds then I would be looking at having the SD set aside to be on the safe side.