Thread: Connaught Collections + 1st Credit (Halifax)

Are the documents you received proper court documents they would probably be from Northampton CC if they are.

If so PM one of the MODS as you need help from one of the legal beagals to get this set aside until you get a response from your CCA request.

I do know that, for now, there is little to worry about as you will be advised how to respond

What dates are you looking at on the CCA response and the bankruptcy letters as I feel that these have simply crossed in the post.
I bet the CCA response was posted first class and the bankruptcy was second class.

IMHO, if this does go further with Connaughts name on it you have a cast iron defence as the haven't complied with your CCA and you have a passed back letter as well, so there is NO way they could possibly take you to court.

As posted above, it is important to know exactly what documents they have sent.

This is the details of the letter i received in the post.


Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
at the top right is says: Form 6.1
There is no Court stamp anywhere.
The demand has been served on me by 1st credit (Halifax) limited.
and says "The creditor claims that you owe the sum of £13300 full particulars of which are set out on page 2, and that it is payable immediately and, to the extent of the sum demanded, is unsecured. The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction.

signature of individual has been pp'd
and the authorised demand has come from Connaught collections obn behalf of 1st Credit.

On page 2 the particulars of debt are very vague and say:

"A - The debt was incurred by monies due under a financial agreement. The debtor is in breach of the repayment terms and has failed to adhere to the terms and conditions of the repayment arrangements. The debt has been assigned as shown on Part C (p3) herof.
B - The debt is in respect of outstanding monies owed to the creditor by the debtor for non-payment of a direct line agreement. the benefit of the debt having been assigned under an agreement to 1st Credit (Halifax) Limited.
C - The amount due at the date of the demand is £13300.

Hope this helps

This is serious, and you do need to act quickly - there is some good advice here: Legal Issues Explained - Statutory Demand

Originally Posted by alanfromderby

This is serious, and you do need to act quickly - there is some good advice here: Legal Issues Explained - Statutory Demand

I hate to disagree with a Mod, but in this case it's a classic example of these "peoples" tactics.
For starters it ISN'T properly served. If posted it MUST be via FIRST class mail and not second as this is.
Also it would be stamped by the court as well.
Connaught are well known for this and they continue to do it.
There are a number of thread concerning these tactics, but as soon as a CCA is sent they run a mile and send the debt back to the original DCA.

As has already been mentioned the dates match perfectly for a cross in the post and as such this stat demand is as worthless as connaught's threats.

WAIT for 1st credit to get in contact.

Out of interest is the form you received this one: http://www.insolvencyhelpline.co.uk/...es/form6-1.pdf
Bear in mind there are FIVE pages of it.

You cannot rely on whether the letters crossed, it is vitally important to get the Stat Demand set aside - and certainly their failure to provide documents will be central to your set-aside application.

I have a case running at the moment where a charging order was entered "in error", but despite the bank writing to me to say it was done in error, they have failed to take any action to remove it, and I have had to apply for a set-aside.

If you do not apply to set-aside the SD with 18 days of service, Connaught Collections can immediately start bankruptcy proceedings, at which point you will find it more difficult to argue over the CCA request.

The SD is a tool which DCA's have started using more frequently, as it establishes the debt without the need for a lengthy county court case - and without the danger that the judge may impose a small weekly repayment plan.

Alan, if thats the case surely the fact there is a letter saying that the file is closed and the account has been passed back would make a huge difference.

Would it be worth a call to the "issuing" court to see if it is real ??

As Alan is saying it might be worth a quick call to the "issuing" court to be 100% sure, and when it does end up being fake then a call to Trading Standards would be in order.

Originally Posted by Curlyben

Alan, if thats the case surely the fact there is a letter saying that the file is closed and the account has been passed back would make a huge difference.

Would it be worth a call to the "issuing" court to see if it is real ??

Certainly that is correct. The difficulty with stat demands is that they are not issued by the court. Indeed 90% never get acted upon, and are just a means to frighten the debtor - however, if it is acted on, it can cause serious problems.

My approach would be to contact Connaught immediately and demand that in the light of their letter, they remove the SD. Using the threat that if it is not removed within 7 days - then set-aside action will commence, along with a claim for costs.

Surely if it hasn't been filed in court and is improperly served then a set aside is unneeded ??

Alan, also isn't there a DPA and CCA issue with coonaught acting in this manner.

yellow, I'd simply wait for 1st credit and see what they do.
they'll proably demand money again, in which case I'd get TS involved.