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saxon farm
14 Dec 09 18:22
Joined:
Date Joined: 11 Nov 05
| Topic/replies: 3,599 | Blogger: saxon farm's blog
With a Staturory Demand from a debt that is 9 years old.

Is this legal?

Thanks in advance.
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Report redrich • December 14, 2009 6:24 PM GMT
Is it a student loan?

Have you made any payments in the last 6 years to this debt?
Report Ted Brogan • December 14, 2009 6:24 PM GMT
If they have made no contact for 5 years then no. Tell them to feck off
Report Nova Sicko • December 14, 2009 6:24 PM GMT
debt secured againt assets?
Report Shab • December 14, 2009 6:24 PM GMT
I would guess it depends on when they took action against you for the first time.
Report redrich • December 14, 2009 6:24 PM GMT
Or acknoledged the debt in the last 6 months
Report Mr Eboue • December 14, 2009 6:24 PM GMT
Please expand.

Is it an unpaid libary fine or have you been missing mortgage payments on your house?
Report Mr Eboue • December 14, 2009 6:25 PM GMT
6 replies within 10 seconds! :^0
Report redrich • December 14, 2009 6:25 PM GMT
:0
Report saxon farm • December 14, 2009 6:26 PM GMT
Not a student loan.
Not secured against assets.
Not acknowledged the debt, in last 6 months.

Should I just ignore?
Report redrich • December 14, 2009 6:27 PM GMT
sorry should have said: Or acknoledged or made a payment to the debt in the last 6 years
Report takethestand • December 14, 2009 6:28 PM GMT
if you owe it, pay it
Report saxon farm • December 14, 2009 6:28 PM GMT
It was a bank loan I took out 10 years ago.

According to the debt company I owe 2K.
Report saxon farm • December 14, 2009 6:29 PM GMT
Have not made a payment or acknowledged, in last 6 years.
Report Mr Eboue • December 14, 2009 6:30 PM GMT
Tell them to go p h u c k themselves with a wire brush.

Then hang up and change your phone number and move house.

Problem solved :)
Report Ted Brogan • December 14, 2009 6:30 PM GMT
http://www.payplan.com/debt-library/joint-and-several-liability-the-limitati...
Report redrich • December 14, 2009 6:30 PM GMT
If you haven't made a payment or spoken to them in the last 6 years, you should ignore it if you don't want to pay it. They can't do anything.
Report saxon farm • December 14, 2009 6:31 PM GMT
Not moving house for 2K
Report saxon farm • December 14, 2009 6:33 PM GMT
Redrich. Think they phoned me about 6 weeks ago, but I certainly did not verbally acknowledge the debt.
Many thanks Sir.
Report Ted Brogan • December 14, 2009 6:34 PM GMT
Send them somethign like this:


1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006


The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5
Report redrich • December 14, 2009 6:35 PM GMT
they can't touch you. The reason they make these threats is that they scare people into paying the debt even though legally they cant force them. I'd imagine that some people pay up without realisng that they can ignore the letter.
Report everythings gone green • December 14, 2009 6:36 PM GMT
The financial mess this country is in was caused by shirkers like you.

Pay up!
Report redrich • December 14, 2009 6:38 PM GMT
^ no it's not
Report everythings gone green • December 14, 2009 6:38 PM GMT
^ yes it is!
Report redrich • December 14, 2009 6:38 PM GMT
^ snot
Report everythings gone green • December 14, 2009 6:40 PM GMT
^ snis!
Report redrich • December 14, 2009 6:40 PM GMT
n't
Report saxon farm • December 14, 2009 6:45 PM GMT
Many thanks guys.

Small print reads:

If you wish to have this matter "SET ASIDE", you must make application "WITHIN 18 DAYS".
If you do not apply to set aside within 18 days, or otherwise deal with this demand as set out in the notes "WITHIN 21 DAYS" after its service on you, you could be made bankrupt and your property and goods taken away from you.
Report ImSoLuckyLucky! • December 14, 2009 6:47 PM GMT
Rubbish

:)
Report Ted Brogan • December 14, 2009 6:48 PM GMT
Don't worry about that Saxon. just bully boy tactics to try to make you pay. They have probably acquired the debt along with 10s of thousands of pounds more for next to nothing in the hope that they will be able to bully one or two people into paying who are unaware of their rights.
Report cunnybobbler • December 14, 2009 6:49 PM GMT
lol. with stuff like that always look out for words like "could" and "may". it means they have no intention of doing anything, just hoping you fall for it and pay.
Report everythings gone green • December 14, 2009 6:49 PM GMT
You spent the money. Pay it back man.
Report flatliner • December 14, 2009 6:50 PM GMT
"could" lol
Report saxon farm • December 14, 2009 6:51 PM GMT
Thanks Ted Brogan.

Was thinking about contacting one of my "Solicitor Friends", but sadly, a couple are in prison!
Report Child of the Rafalution • December 14, 2009 6:54 PM GMT
Ive had so many of these in the last 4 years since leaving the UK. Here is what they do...or the chain of debt so to speak...

Bank sells to Debt Collector 1 (DC1)

DC1 say pay up and give us the whole amount now

Refuse aka Ignore

DC1 says ok, fine we r kind, you may pay 75% right now or 100% we did ask nicely!

Refuse aka Ignore

DC1 threaten court

Ignore

DC1 threaten repossession

Ignore

DC1 sell to DC2

Cycle continues

I recently got a letter fromw hat was prob DC15 debt of 1500 they were willing to accept 300 LOL. I ignored obviously. How many times they have threatened repossession is laughable. PS i have all these forwarded from my folks place. I dont exist in the UK tax register or whatever. Jokers
Report cunnybobbler • December 14, 2009 6:55 PM GMT
i owe a bank £10k on a credit card, over the years theyve sent me about 200 letters all with these threatening words. they never do anything. the reason i dont pay is because they conned me. i got the debt at around 15% apr, about 8 years later i missed a payment and the apr was all the way up to 36%. so i thought ya know what feck off. ive paid the debt off about 5 times over in interest already, no intention of paying em another penny.
Report redrich • December 14, 2009 6:57 PM GMT
EGG thinks you should bend over for the bank though
Report saxon farm • December 14, 2009 7:00 PM GMT
So, THE STATUTORY DEMAND, means nothing legally?
Report 8sid • December 14, 2009 7:00 PM GMT
Have to admit green is right

people not paying up is the issue

disgusting to be honest

as bad as shop lifting

should be nicked tbh
Report ImSoLuckyLucky! • December 14, 2009 7:01 PM GMT
Bankers LARGESSE

Dont PAY

:)
Report redrich • December 14, 2009 7:02 PM GMT
like anyone gives a crap what you think 8sid! :^0
Report cunnybobbler • December 14, 2009 7:09 PM GMT
i wouldnt steal from a shop but then again the shop wouldnt sell me a tv for £300 then come back to me and say ya know what weve changed our minds its now £1,200 so send us the rest or we'll take you to court.
Report saxon farm • December 14, 2009 7:12 PM GMT
Thanks for all your post's.
Off out now Carol Singing!
Report everythings gone green • December 14, 2009 7:13 PM GMT
Pay up you slippery skinflints!
Report DonWarro • December 14, 2009 7:14 PM GMT
even the word "must" is misleading.

it actually means "may", and is a choice.
Report Slobodan Milosevic • December 14, 2009 7:14 PM GMT
If I move abroad for 6 years and don't tell anyone can I clear all my debt?

I wouldnt mind 6 years in Australia and a clean slate if I came back.
Report everythings gone green • December 14, 2009 7:15 PM GMT
Like they're gonna let you in!
Report Slobodan Milosevic • December 14, 2009 7:18 PM GMT
I have a law degree, has to be worth a few points!
Report 8sid • December 14, 2009 7:18 PM GMT
REDRICH

** OFF AND DIE
Report yorky • December 14, 2009 7:18 PM GMT
My best one was a guy rang up and said " I am ringing about your outstanding debt ", I went " well thanks I never realised it was so appreciated " and put phone down, he rang back and even he was laughing
Report everythings gone green • December 14, 2009 7:22 PM GMT
I have a law degree, has to be worth a few points!


Obviously used it wisely if you are drowning in debt!
Report theresbeenagoal • December 14, 2009 7:41 PM GMT
Got a letter via my mothers off a debt collector about 5 or 6 years ago re. a sky subscription from a previous address and failure to adhere to its minimum term. Rung them up as obviously don't want any black mark against my name, especially for rubbish like that, "Are you a current sky subscriber?", "Yes", "Ignore the letter".
Report saxon farm • December 14, 2009 11:38 PM GMT
I repeat:

Does the STATUTORY DEMAND carry legal credence?
Report bw • December 15, 2009 12:11 AM GMT
Does it F***K, just scare tactics.

if you dont want to pay it just ignore the f***ckers.
I cant stand these parasite firms buying debts of banks etc
they just spread misery and put people under additional pressure, you cant go to prison for it so just f**k um!!
Report bw • December 15, 2009 12:11 AM GMT
off*
Report statman99 • December 15, 2009 12:18 AM GMT
If you borrowed it, you should pay it back.

Where do you borrowers think this money comes from? Thin air? No, it comes from savers going out and working....oh...Oh yes that's right it DOES come from thin air now doesn't it? IT's called QE or something. I think Stephen Fry presents a show about it or something.

FANTASTIC.

DON'T PAY IT.

UTOPIA.

WHAT COULD POSSIBLY GO WRONG?
Report themightymac • December 15, 2009 12:21 AM GMT
Why don`t the banks accept the 10% of the outstanding balance from the customer in final settlement of the account, rather than sell the debt for that amount to the parasitic debt collectors, who then try to get their pound of flesh from poor debtors, the majority of whom are destitute and unable to pay?
Report themightymac • December 15, 2009 12:24 AM GMT
I agree that if one borrows, one should pay back, if possible, but in some cases it`s just not possible. In most cases it was the banks who created the problems in the first place with irresponsible lending.
Report bw • December 15, 2009 12:30 AM GMT
A lot of people have wrongly been encouraged to get into debt by the government and greedy bankers over the last few years, mortgaged up to the hilt because they gave mortgages to any Tom Dick or Harry.

A lot of these people are now suffering, the bankers aren't
they will still get their bonuses even though they were bailed out by the GBP

every recession brings a crop of parasites preying on the poor, another boom industry, more money to the govt

dont pay is my advice, they cant get blood out of a stone

and to all you do gooders who believe the govt bu**sh*t
and say you should pay and feed the machine, just remember there but for the garace of god.... etc..etc
Report bw • December 15, 2009 12:31 AM GMT
grace*
Report themightymac • December 15, 2009 12:35 AM GMT
I agree with most of your comments BW - Parasites the lot of them.
Report bw • December 15, 2009 12:40 AM GMT
correct mightymac, its a shame there is so many people brain washed by our govt

they wouldnt have the first clue about all the stealth taxes
etc, lambs to the slaughter imho!!
Report statman99 • December 15, 2009 12:45 AM GMT
The brainwashing occurs at the borrowing stage not the paying it back stage.

Bleat bleat.

Pay it back.
Report bw • December 15, 2009 12:48 AM GMT
exactly, encouraged to borrow more than they can hope to pay back, especially with a change in circumstances.

you dont know whats round the next corner
Report sibaroni • December 15, 2009 8:58 AM GMT
You do need to make an application to set aside the stat demand. If you don't, a bankruptcy petition will follow based on the stat demand, and you can't go behind the stat demand by saying the debt is disputed at that point.

So, make the application. Add a witness statement saying you haven't heard from or acknowledged the lenders in over 6 years, and you will be fine. Might need a trip to court, every chance the other side won't even turn up. They work on the basis that enough slip through the net to make it worthwhile to lose some and win some.

Might be worth seeing a solciitor.
Report Capt__F • December 15, 2009 10:22 AM GMT
might be cheaper to pay 10 large than call in on a Brief
Report cunnybobbler • December 15, 2009 10:57 AM GMT
it really gets on me tets when people say you borrowed it so pay it back. yes i borrowed it, at the apr i was given. i didnt know id end up paying back the amount id borrowed several times over and still owe the exact same amount because the bank would put up the interest rate to around double. "you knew the interest when you borrowed" yes and thats the point. it shouldnt even be legal to double the interest rate on money youve already borrowed a decade before at a different rate, its certainly not moral. ive paid back more than i borrowed already, im not paying them it back yet another time and i dont care what anybody thinks.
Report saxon farm • December 16, 2009 7:41 AM GMT
.
Report sibaroni • December 16, 2009 7:52 AM GMT
saxon, there is a spate of this stuff around at the moment. Sh*t firms buying up old debt for a few pence in the pound. It has always happened, but not with debts that have passed their limitation. I appeared in just such a situation a few months. The District Judges list was all applications to set aside a stat demand for an afternoon from the same firm. She knocked it out and awarded costs and we had a chat about it in the time left - she was seeing a lot more of it herself.

They play on people who get the law wrong or put their head in the sand. they only need a small percentage.

You have to make an application to set aside. If you have a defence and you don't take it at this stage, you can't really take it at the next stage, which is when they present a bankruptcy petition based on the stat demand. You can base a bankruptcy on a stat demand itself, it doesn't matter what is behind the stat demand. Thats why you have to deal with it at this stage.

Make the application and you will be fine. If you don't and they end up with a bankruptcy petition, you will be rogered. If you can't get the legals right, get a lawyer. They should get their costs back from the other side in any event.

HTH
Report sidthekid • December 16, 2009 7:54 AM GMT
Saxon read this and send it to them,keeps Debt collectors Away!!!
Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

You are reminded of the following under The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

Be further advised that any further telephone calls from your company will be recorded. (even if not***)


Yours faithfully,
Report sibaroni • December 16, 2009 7:58 AM GMT
Thats fair enough - I have used Protection from Harrassment Act against leading banks. But it doesn't deal with the debt itself. Don't under any circumstances fail to set aside the stat demand. The above letter is fine - although a sentence about not selling the debt on as well should go in. But it doesn't deal with the central point.
Report saxon farm • December 16, 2009 10:02 AM GMT
Many thanks, guys.
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