Help! Rec a Stat demand from Ist finance/connaught

[MONX]

Hi all,

I am new to the forum and I am trying to deal with this Statutory Demand so please bear with me.

I left a LTSB account with an o/d balance of £3159.00, LTSB sold the debt to Connaught. This happened between 4 - 5 years ago. I have never acknowledged the debt and never contacted them (I did move address in the last 12 months). On thursday last week I received this Statutory Demand. I am really distraught as any kind of financial trouble could cost me my job - my employer would consider it as gross misconduct. If they go through with the bancruptcy petition I am toast!

I am a single parent, living in council property and although I am working I have a very modest salary (£16000.00) no savings or other assets so I am not sure they would achieve anything from pursuing it....however I have a lot to lose - as I mentioned before my livelyhood as a start.

I was all for contacting them and making an offer of repayment until I found this site on the internet.

I am really worried about the timescale as the date on the demand is 11.07.08 but I only recieved it on Thursday last week - this means what ever I do I must do it before 29th which is next Tuesday.

Any suggestions?

[zazen.warrior]

Is it a stat demand or a threat of one?

[MONX]

It is a form 6.1 Statutory Demand under section 268(I) (a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immidiately.

[vernsmithuk]

Key thing is dont panic or worry, I recived the same demand (for a different value) dated the same.

After some sound advice from posts on this site I have today filed my application to have the demand set aside at the county court. The clerk was very helpful and said that this is a very common method used to try and claim debt and nearly all are set aside.

Dont forget you have 18 days to do this from the date you recived (i.e it was served) the demand not the date on the demand.

Best advice I have had so far is not to contanct them, simply apply to have the demand set aside.

Someone with better knowledge than me will surley pop up here to advise further.

Good Luck

[MONX]

The problem I have is that I know that I owe this money and I, I am not sure that having it set aside is applicable. After reading other posts on this site I think I have the process sorted in my head, can someone confirm if I have it right?

1. Find out where my local court is and apply to have the (not sure if it is the Statutory Demand or the debt) set aside? .

2. Write to 1st Finance asking them to provide clerical evidence that I owe this money and that they have the right to pursue it?

3. Wait?

[vernsmithuk]

You look like you have it right to me.

1st have the Statutory Demand put aside this will stop them from being able to carry on with the bankruptcy proceedings. You will need to give a reason in the forms i.e you are unaware of the debt or it is in dispute (someone with more knowledge than me please jump in here to give more reasons) you have 18 days from receiving the demand.

At the same time write a demand (formats available on this site) requesting that connuaght provide evidence that you owe this debt.

Then wait.

This is what I am doing as advised.

[MONX]

Thanks for your reply Vernsmithuk,

I am thinking of asking for it to be set aside but I am not sure if I have valid reasons for doing so.

I know that I owe this money, what I dont know if is 1st finance have got all the relevant documentation and rights to pursue this debt. Can I say that I am disputing it on those grounds and that my bank may have charged me incorrectly for my overdraft, returned checks and direct debits? Is this a good enough reason to have it set aside?

I know that I will have to send LTSB the CCA in order to establish that the amount may/may not be payable but does this and the obove reasons constitute a valid reason for having it set aside?

Appreciate any help and advice.