Hi

I wonder if you could give any advice or point me to a good legal forum.

Yesterday I received a Statutory Demand for a credit application that was made in my name between 2001-2004. It was made at an address I have never lived at or been associated with in my name. I have lived at my current address since 2000.

It is clearly a case of ID theft - something that may be linked to an episode I had back in 2001 with a fraud ring making applications to major banks in my name and which I was cleared of having nothing to do with.

I have written a number of letters to those originally chasing the debt but they never write back and then this Statutory Demand comes out of the blue from a different company - last time I had correspondence with the initial firm was November 2006.

I have rebuffed the claims that it is me who owes the money in Section B but do I need to do anything else?

Can I make a counter claim for harrassment and causing anxiety and stress against the creditors for not sorting this mess out when it's quite clear I'm innocent?

Any advice appreciated as I'm no legal eagle and it looks as though things move pretty fast so I need to get it sorted asap.

I did speak to a solicitor back in 2005 about this but they said they wouldn't be able to recover costs so it would be best to deal with myself but it's difficult to know whether I'm doing the right things.
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By filing a defence against the stat demand you are already doing the right thing which should frustrate the stat demand.
If the issuer decides to attempt to issue bankruptcy proceedings then you have the perfect defence all lined up. When you go to court you can ask the judge to take costs in to consideration.
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You need to have it set aside. When were you served?
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You do need to make an immediate application to set aside the demand and there is no counterclaim possible with a stat demand you would need to take your own action out against them. It is vital you apply to set it aside which requires a court application.
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The Statutory Demand was served yesterday - 14 April.

So I need to set aside this as well?

I have written to the creditor and stamped it next day delivery - all this cost for my time in writing these letters and trudging to the post office and library for photo copying and I am the real victim but it doesn't seem as if there is anything I can do to halt these numpties who lent money to someone who claimed to be me.

Not only that but they refuse to be reasonable. I mean did I move house to make this application then move back to my original place - what are the chances of that??
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Have it set aside.Have a read here.
http://www.salgadoinvestigations.com/blog/index.php/process-service/how-to-have-a-statutory-demand-sd-set-aside/
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Have it set aside and get the judge to order your costs in making the application and attending. Courts take a dim view and order costs easily on applications where no homework has been done. It is far less costly to set aside a stat demand than insolvency proceedings.
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I agree with cred x and P I Guy you will need to set the demand a side you have 18 days to do it. You can find the info on the website. I agree you should keep copies of the letters dated in order. I also if you have sent recorded letters keep them as the judge will need to see these if it gets to court. How was the demand served on you, by an agent or registered post.

Have you obtained your credit report from experian. This will show you all searches and finance on your name. It will also give you dates. I strongly advise you take legal advice as it seems that identity theft is a hard case to prove and resolve.

You could do a electrol roll search on the address that the credit was taken out on maybe the theft was claiming benifit or council tax reductions. If its a rented property you can gain evidence from the letting agency or the landlord to support your case.

If you need further help or advice please feel free to contact me by pm.

simon
Central Enforcement Agency
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Hi,

I think you'll probably find its a bluff, and probably a case of 'shotgun' debt collection - in that they cant trace the original debtor, so they fire off a letter to everyone with that persons name in the area that he (or she) was known to live!

This is common practice with some companies im afraid.

I certainly wouldnt give it any more thought.

Most stat demands are a bluff even when served on the proper person, they are intended to scare the person into paying up.

If the company was serious about starting bankruptcy against you, they would do further homework first just to check if it is worth it or not - and then they would no doubt discover you are they wrong person!

It is annoying to be harrassed this way - but Id just treat it along much the same lines as junk mail.

If you dont owe the debt, then you dont have anything to fear from it - a court wont bankrupt you just because you didnt go to the bother of getting a stat demand set aside - you have to owe the debt!

Ive had a similiar thing with an old Sky debt - I dont owe it, even have a letter from Sky confirming their error and an apology, but every year or so the debt gets sold on to another debt collection company and they start calling me for it!

I dont mind really - it gives me a chance to chat to new people. (I really must get out more!)

All the best

Steve
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Id just treat it along much the same lines as junk mail.I have to disagree strongly with Steve on this. I serve hundreds of these and they are very dangerous. If you do nothing and they issue a bankruptcy petition then potentially you could be made bankrupt. It is much harder to fight a bankruptcy than to have the SD set aside.
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Hi all,

Sorry, but I cant agree there is anything dangerous about a stat demand - as they are issued in their 'hundreds', and are just another tool in the debt collectors toolbox.

"then potentially you could be made bankrupt"

No you couldnt, because you dont owe the debt!

However, I do realise that if you dont have any experience of these sorts of situations, it can all be very worrying (well, thats why the debt collectors do it), and not everyone gets on with my 'guerrilla approach' to debt counseling!

But as others have said above, its an easy enough matter to get this set aside - so in the end you may find you sleep sounder taking that route.

All the best

Steve
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Thanks for all your replies.

Just to clarify - what does "set aside" do in legal terms. And will it cost me anything?

Will this saga continue if I set aside or will this be challenged by the creditor? I would like to put an end to the situation rather than have it continue further.

I know the forms look simple but when you've never filled these in before they can appear daunting.
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I would certainly agree with PI on this.
The issue of a stat demand is a protocol which is a requirement towards issuing a petition for insolvency or bankruptcy. If a company issues stat demands flippantly then they are treading a very dangerous path and it would be foolish to think that all comapnies do that.
If you ignore a stat demand then the results can be costly in time and money simply because you will have to go through the process of defending yourself and will continually be on the defending (back) foot.
No official document should ever simply be ignored or considered 'harmless'.

Kevin, you may be able to get some help completing the forms through your local citizens advice bureau.
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The problem with a stat demand is if it is not set aside within the time limit on application to the court ( a small fee is payable) then IF (and it may be a massive IF in this case or not- we don't know) is the next stage is bankruptcy. This is a public record and once it starts it is much more costly to defend and remove the trail. Steve is correct in Stat demands are issued in their thousands and very few proceed to bankruptcy however it is a risk and in this case just not worth taking it.
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It is annoying to be harrassed this way - but Id just treat it along much the same lines as junk mail.

Ouch. I hope you have good professional indemnity insurance!
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