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Statutory demand under section 268(1)of the Insolvency Act 1986 Form 6.1

BVG_3
Posts: 2 Newbie
Hi all,
After some general advice from people who know more about this subject than me.
I have received a Statutory demand under section 268(1)of the Insolvency Act 1986 Form 6.1 etc issued by Connaught Collections.
Firstly I am not sure if its real or just a final bluff from them as the default date on my credit history is showing late summer 2002. The last time I would have acknowledged the debt would have been Feb / March 2002 by way of payment. Hence the defaulted date starting 6 months after this.
Am I correct in saying that?
Is the date defaulted generally 6 ish months after last contact? But the statute barred rule comes into play from the last time you acknowledged the debt?
Saying it’s a real Statutory demand (don’t think it was correctly served, was posted and no attempts made to doorstep call etc) – But say it is real for now, what is the best options for me?
To do nothing, call their bluff and wait for a summons to arrive, go to court and get it set aside on the grounds its statute barred.
Write to them with the letter templates (which template) and ask them to prove the debt is legally enforceable? But surely by doing this I am admitting the debt but am only asking to prove it is legally enforceable, even by heading the letter “I do not acknowledge etc……”
Or do something else???
One last thing, surely on a real Statutory demand, under rule 6.4(2) – They would have to name the court where I could apply to get it set aside? They have just put “YOUR LOCAL COUNTY COURT”
If I turned up at my local County Court, they would know nothing about it, so surely I would need to apply to get it set aside at a court that was dealing with it?
Thanks in advance.
BVG
After some general advice from people who know more about this subject than me.
I have received a Statutory demand under section 268(1)of the Insolvency Act 1986 Form 6.1 etc issued by Connaught Collections.
Firstly I am not sure if its real or just a final bluff from them as the default date on my credit history is showing late summer 2002. The last time I would have acknowledged the debt would have been Feb / March 2002 by way of payment. Hence the defaulted date starting 6 months after this.
Am I correct in saying that?
Is the date defaulted generally 6 ish months after last contact? But the statute barred rule comes into play from the last time you acknowledged the debt?
Saying it’s a real Statutory demand (don’t think it was correctly served, was posted and no attempts made to doorstep call etc) – But say it is real for now, what is the best options for me?
To do nothing, call their bluff and wait for a summons to arrive, go to court and get it set aside on the grounds its statute barred.
Write to them with the letter templates (which template) and ask them to prove the debt is legally enforceable? But surely by doing this I am admitting the debt but am only asking to prove it is legally enforceable, even by heading the letter “I do not acknowledge etc……”
Or do something else???
One last thing, surely on a real Statutory demand, under rule 6.4(2) – They would have to name the court where I could apply to get it set aside? They have just put “YOUR LOCAL COUNTY COURT”
If I turned up at my local County Court, they would know nothing about it, so surely I would need to apply to get it set aside at a court that was dealing with it?
Thanks in advance.
BVG
0
Comments
-
Hello and thanks for the advice.
Debt is 8500 ish and it was on a credit card.
Regards BVG0
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