Monday 6 October 2008

How to beat a statutory demand

I blogged earlier on my company's web page about a little known section in the consumer credit act that can be utilised to prevent or curtail collection activity from Debt Collection Agencies. I am re-printing the blog here.
How to beat a statutory demand
Now before we go much further this is not a guarantee, but we have found that there is a solution that puts the Debt collection agency on the back foot, when they send a stat. demand to you through the post.
Peoples first reaction when they get the demand is to panic. They see the words bankruptcy and a deadline of 21 days and they can’t think what to do. Our first reaction is to advise that in all probability the demand will not result in a petition for bankruptcy being issued at all. The statutory demand is being used by collection agencies as a debt collection tactic. If the debt has been incurred and there is no obvious dispute it may seem that there is no way out.
We may have the answer. It is using Section 77 of the Consumer Credit Act which obliges the creditor or the collection agency to provide a copy of the signed credit agreement, prior to having the right to collect the debt. They have twelve days in which to do so failing which the debt cannot be proceeded to be collected and any attempt to do so will be a breach of the Consumer Credit Act.
We have considerable experience and success in helping people stave off demands by using this tactic.


The statutory demand is being used now as a debt collection tactic and not because the DCA has any intention of following up with a bankruptcy petition.

For anyone interested in utilising this procedure, follow the attached link. http://www.helpwithdebt.org/

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