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Just received Statutory Demand - Help what do I do please

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  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Well, not sure if even Lowells would bother for a £2500 debt. But I wouldn't like say they won't...

    How much other unsecured debt do you have in total?

    If you have grounds to dispute the debts Lowell are after then you can look at getting the SD set aside and stop things that way.

    For that talk to National Debtline (link in my first post) and see what replies you get on your thread at consumeractiongroup

    If you don't or can't risk it, can you raise funds to pay them off?
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thats horrific

    Where should I go, who can I contact, What can I do?

    Surely, Surely I cannot lose my house over an unsecured debt?

    No way can I pay £2500, I barely have £250 and then I have the next round of bills in 2 weeks.

    HELP

    Seriously WHAT ON EARTH SHOULD I DO?????????

    HELP
  • RAS
    RAS Posts: 35,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Follow fermi's advice and start to get the SD set aside on the grounds that the value is under dispute.

    Take advice on this from NDL and CAG.

    Then do a Subject Access Request for each account and start reclaiming fees etc.

    You may be able to claim Cap 1 is SB and get that out of the equation.
    If you've have not made a mistake, you've made nothing
  • Do I try Citizens Advice Bureu, can they help?

    Should I contact Lowells or BW whatever yo see if I can arrange a monthly payment, but no way could I do it for much.

    I was worried to start with, now I'm...........

    !!!!!!!!!!

    !!!!
  • RAS
    RAS Posts: 35,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please contact nationbal debt line as fermi dvised you in the first place

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=36_dealing_with_a_statutory_demand

    Ring them now. CAB do not often have the experience to deal with this.
    If you've have not made a mistake, you've made nothing
  • I telephoned National Debtline - they gave me nunber for Business debtline as I'm self employed.

    She said not to worry, several ways of dealing with it and it maybe that it was just a letter to put frighteners on

    It sure did !!

    She gave me all the courses of action Ive read about on here.

    She suggested ringing them to agree a monthly payment, but I said I'm sure it would not be a remotely manageable payment as theyd want as much as possible each month, which I cant afford.
    Tell them that I was going to dispute it and request payment details etc via a CCA form and also send a Set Aside letter

    No breakdown in the Sat Demand telling me how and where the total has come from.

    I asked if I sent the set aside letter what do I put as my reasons for getting it set aside as I certainly acknowlege I have a debt to BC, but not to that level.

    I really am not as rigid with fear as I was, but 15 mins after speaking to her on the phone, I'm still worried that this will go tits up and dont know which course of action to follow first
  • I think I'm going to sleep on it and see if I can feel more confident in the morning.

    All I have as action plan is to dispute via set aside, but no real reason why they should accept as they are MY debts, just cannot afford to pay them
  • RAS
    RAS Posts: 35,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You must organise the set aside paperwork quickly.

    Copied from NDL

    Disputing a statutory demand

    If you cannot come to an agreement with the creditor, or there is a dispute, you can apply to the court to set aside the statutory demand following our instructions below.
    • Once you have applied to set aside a statutory demand, the 21 day time limit for dealing with the demand stops until the court has decided whether to grant your application, or not.
    • The statutory demand should tell you how and where you should apply to set it aside. This is normally in the same court that you would apply to for your own bankruptcy. If the creditor that has sent you the statutory demand is a government department, and the statutory demand says that the petition will be presented in the High Court, you should apply to the High Court.
    • To set aside the demand, you must do the following within 18 days of it being served.
      • Complete an application using FORM 6.4.
      • Complete a witness statement in support of your application using FORM 6.5.
    Information Look at the sample forms 6.4 and 6.5 at the end of this fact sheet, so you can see how to fill them in. These forms are available from www.bis.gov.uk/insolvency, or any legal stationer.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you get your credit records?

    There are three providers though experian and equifax cover 95% of the market. That would allow you to work out when the cap 1 account was defaulted and possibly identify any later payments.
    If you've have not made a mistake, you've made nothing
  • rossireps
    rossireps Posts: 721 Forumite
    remember to come on here if you need any support or questions answered.
    i cant help you practically but no without people on here and nat debtline i would,never have got through my br
    James tucker
    Flight 705 My hero :)
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