1st Credit. Stat Demand.

overdone · 21st June 2008, 19:22

I recieved a stat demand from connaught collections on a an HSBC debt of over 4000 pounds. I have never had an account with HSBC and certainly no debt with them. I sent off the one pound P.O and did the letter bit. By return of post almost, I got this letter with my one pound p.o back from Connaught.

"We write further to your recent correspondence, with regards to the above stated outstanding debt.

The contents of your letter have been noted. However we write to inform you that our files have been closed and returned to 1st Credit who are assignees of the HSBC debt.

We would request that all further correspondence in relation to this matter is forwarded to their offices.

Y.F
Connaught Collections."

Now, any ideas what I do now. Need I go to the court for the stay on the bankrupcy or what?

IdaInFife · 21st June 2008, 21:00

Basically, they have nothing for you.

Wait and see if HSBC contact you but now may have realdised they have contacted the wrong person.

ida x

ODC · 21st June 2008, 21:37

You reakky need to get the Stat Demand set aside. It costs you nothing and you can claim costs agaist CONnaught

overdone · 21st June 2008, 21:53

What is the process for getting it set aside. The ABC of it,as I do not know courts protocol. Do I ring and make an appointment first, wander in and just speak to the first person I come to? Do I need a draft affidavit prepared? Sorry to be so inexperienced.

overdone · 21st June 2008, 22:08

Quote:

Originally Posted by IdaInFife

Basically, they have nothing for you.

Wait and see if HSBC contact you but now may have realised they have contacted the wrong person.

ida x

Not a chance HSBC will contact me. Despight the letter above, another one came from Connaught Accounts audit team. I think I have been paying someone elses debt. 1st credit have been crediting someone elses debt with my money. I currently pay off two accounts with 1st credit.

"Following a recent audit, it has come to our attention that you maybe making payments to an alternative agency.
For the avoidance of doubt, we write to confirm that all future payments MUST BE SENT TO THIS OFFICE.

If payments are being sent elsewhere you must inform us immediately as your account may not be reflecting the true balance.

Please find enclosed a Standing Order Mandate for your completion. You must complete the mandate fully and forward to your bank as soon as possible.

If you are already making regular instalments to us, please disregard this notice.

Yours faithfully
Mr Butler
Accounts audit team

scampjet · 21st June 2008, 22:42

Hi overdone,

do a search for statutary demands. These loads of info that will help you.
this may be of use.

http://www.consumeractiongroup.co.uk...statutory.html

overdone · 21st June 2008, 22:48

Also, for clarrification, is there a difference between a S.A.R and a D.P.A. request. Also,I did the 1 pound P.O letter on Connaught. What is this one called?

scampjet · 21st June 2008, 23:28

I would suggest that you read through the link below to familiarise yourself

http://www.consumeractiongroup.co.uk...se-read-these/

overdone · 22nd June 2008, 01:06

Quote:

Originally Posted by scampjet

I would suggest that you read through the link below to familiarise yourself

http://www.consumeractiongroup.co.uk...se-read-these/

I wish I could sort all that info out. I suffer from an illness so my focus is only intermittent. I have probably done myself down already over these past four years of a debt man Plan. I understand that as I have unfair charges on my accounts I can block court action on these. First things first. What do I send off to these people first to find out what amount of the debt to dispute?

overdone · 24th June 2008, 04:08

Quote:

Originally Posted by ODC

You reakky need to get the Stat Demand set aside. It costs you nothing and you can claim costs agaist CONnaught

In the draft affi, can I put this or do I put it only on the bottom of the expenses sheet?

In support of this request, I would also like to refer the courts attention to the authority of The High Court in the case of-

Hammonds (A Firm) v Pro-Fit USA Ltd (2007) EWHC 1998 (ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such debt (Usually with an indemnity costs order against the petitioner).

miss muppet · 24th June 2008, 09:37

I put it on the bottom of the expenses sheet, think you're limited in the amount of words for the affi

WendyB · 24th June 2008, 10:36

Hi, I'm confused here. You state in Post 1 that you have never had a debt with HSBC, then in Post 5 that you have been paying someone else's debt. If you never had a debt with HSBC why are you/have you been paying it? or am I missing something?

overdone · 24th June 2008, 20:59

Quote:

Originally Posted by WendyB

Hi, I'm confused here. You state in Post 1 that you have never had a debt with HSBC, then in Post 5 that you have been paying someone else's debt. If you never had a debt with HSBC why are you/have you been paying it? or am I missing something?

The whole issue is confusing. I am in a debt management plan, 2 Accounts with first cred accepting in good faith that money on those payments was going to go to bona fide debts on two accounts. On accounts transfer to connaught, from First cred, it appears 1st cred have been depositing one of my payment schedules to an HSBC account debt and I have never had anything to do with HSBC. The two accounts I do owe money on, and have agreed repayment terms on, with first cred are now having to be re-established. I have gone back to 1st cred and sent £1 p.o for details on each seperate account. £2.00 in P.O's to try to get to the bottom of this.

JonCris · 25th June 2008, 03:52

Are you saying you have, without your knowledge, been paying money to someone else's account by virtue of the fact that your debt management company have been depositing your payments into another completely unrelated HSBC account???

overdone · 25th June 2008, 11:36

Quote:

Originally Posted by JonCris

Are you saying you have, without your knowledge, been paying money to someone else's account by virtue of the fact that your debt management company have been depositing your payments into another completely unrelated HSBC account???

I do not have a debt man company. I do it myself. It appears, 1st credit have been taking my payments and allocating them to an account they should not have done. I.E. an HSBC account. I thought it was for Cahoot. It may be a recent and temp mix up on their part. I am enquiring to 1st cred as to what is going on.

JonCris · 25th June 2008, 14:06

Ok but are both accounts yours??

overdone · 25th June 2008, 19:52

Quote:

Originally Posted by JonCris

Ok but are both accounts yours??

One I know definately is. When they approached me for the second I thought it was for a cahoot account. I have written and enquired of 1st cred to see what this second one is for sure. I will have to wait and they will have to wait, until there are any more payments on the second.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit--	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki