IMPORTANT INFO RE STAT DEMANDS!!!greenspun.com : LUSENET : Repossession : One Thread
I wanted to share this information as I'm sure it will help others. My partner is being chased by RSA and Curtis with regard to a MIG payment and he was initially contacted by Curtis in December 2001.
My friend's Solicitor imparted the following free advice. He said that if we ignored them, as my partner was determined to do at that point, they would probably send a Statutory Demand through the post and that it was VITAL THAT HE IGNORE IT!
Now telling someone to ignore a Stat Demand is not the normal way of things but he stressed that it is a common way of frightening people. A Stat demand is of such importance that it cannot simply be sent to you in the post it must be seved upon you in person. However, because people are generally so scared by receiving these things in the post they acknowledge them, or apply for set aside, which in fact then serves to confirm service.
So, sure enough, Curtis sent a Stat Demand through the post on 8th May 2002 which we subsequently ignored. We received a letter from them on 18th July 2002 stating that as we had not responded to their letter of 8th May we had committed an act of bankruptcy. Again we ignored this letter.
Since then Curtis have decided to take the correct route and are now attempting personal service but we are a year further on since their initial attempt giving us much needed thinking time. I am now gaining much needed information from this forum and will use it to fight both RSA & Curtis to the death.
I hope this is helpful information because it's plain to see from this site alone that Curtis just love to send out Stat Demands willy nilly by post. DON'T LET THEM GET AWAY WITH IT!!
Before I go I'd just like to clarify a point. My understanding is that a serious attempt at personal service must be made. If the Process Server is unable to find the individual at home when he/she arrives they should then write to make an appointment to serve. If the individual in question (i.e. my partner) does not make themselves available for this appointment then this can be seen as avoidance in which case an application can be made to the court to make service by post. Obviously this is then a very serious matter which cannot be ignored.
Hope this is useful to all of you who may find yourselves subject to Curtis's fear tactics.
-- Florrie Miller (email@example.com), June 04, 2003
I know this is going to sound cheeky Florrie but is there any chance you could let me have the wording on the SD (less personal details of course)
Not only have we the hassle of the B&B with a repo we now have hubbys ex employer who have just bumped him for his final wages and we need to SD them.
Best of luck with your fight.
-- Sue (firstname.lastname@example.org), June 06, 2003.
We did this to a double glazing company that owes us money. All the forms are on the Insolvency Service website www.insolvency.gov.uk. Incidentally any errors may invalidate the demand - use the "Notes for Creditor" printed at the edge of the form.
-- Jenny Russell (email@example.com), July 09, 2003.