Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder MrCollio Novitiate

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    Default 1st Credit Stat Demand for debt not due**WON+COSTS+BAILIFFS**

    Hi,

    I hope someone can help me.

    I have received a stat demand from 1st crediticon for 4700.

    It is claimed for CitiFinancial who I assume are Citi Bank.

    I have no idea what this is for.

    I have sent a CCA with 1 in August with proof of postage and no response. I have since sent another one Special D.

    They have previously threatened to take the house. They have also offered a loan which I thought was illegal as they can not offer other credit.

    I realise I have to get this thing set asideicon.

    Can someone post a link to the forms to set it aside please?
    Also any help filing them in would be greatly appreciated?
    Which court would I take them to. I have read that only certain county courts will accept this. I live in South Buckinghamshire.

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  2. #2
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    Default Re: 1st Credit Stat Demand for debt not due

    You need to read this excellent sticky: http://www.consumeractiongroup.co.uk...statutory.html

    Be VERY careful whose advice you listen too
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  3. #3
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    Hi Curlyben,

    Thanks for your reply. However I have already read the sticky.

    What I am after is a link to the forms to defend the Stat Demand.

    Also advice on filling in it and where I should take it.

    I have never done anything like this before.

    If they were to go for bankruptcy I could not pay as I dont have the money. I do have a property with equity and am worried about loosing it.


  4. #4
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    Default Re: 1st Credit Stat Demand for debt not due

    Do a site search for Connaught as they are 1st Credits SD monkeys.

    Be VERY careful whose advice you listen too
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  5. #5
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    Default Re: 1st Credit Stat Demand for debt not due


  6. #6
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    Default Re: 1st Credit Stat Demand for debt not due

    I Urge you to start an official complaint.

    You will have to exhaust the 1st crediticon complaints procedure first and then move on to complaining to The fosicon, OFT and Trading Standards.

    Here is the FOS complaints stuff:

    our complaints procedure and how to complain


  7. #7
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    Hi thanks for all the help.
    I am just preparing to fill out the stat demand defence form 6.5.

    I am going to put down as the defence.

    (1) Do not admit the debt because I have no knowledge of it. A CCA Requesticon was sent to 1st crediticon on August 27th. No reply was received.

    Is this all I need to put.

    Any help is appreciated.


  8. #8
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    Can someone please help with the text for the statutory demand defense. Is what I have written OK.


  9. #9
    Basic Account Holder wotnot Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    I have used this (which came from another thread - many thanks to the author):

    1 July 2007

    I,
    Apply for the statutory demand to be set asideicon as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the consumer crediticon Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of an alleged debt when such pressure is contrary to the OFT debt collectionicon Guidelines.


    The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.

    My request under s78 of the Consumer Credit Act 1974 was sent to Nasty Bank (UK) Limited for a copy of the alleged agreement on xx/xx/2007 This request was received and signed for on the xx/xx/ 2007. At this present date (xx/xx/ 2007), Nasty Bank (UK) Limited have had 153 working days to comply with the request made, and are therefore in default as stated above.

    Further, I believe that the amount of ****.** referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Nasty Bank (UK) Limited have not provided any information regarding the charges they have added to the alleged account.

    Also, I have never received a legally valid default notice for the alleged account as required under the Consumer Credit Act 1974.


  10. #10
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    Default Re: 1st Credit Stat Demand for debt not due

    MrCollio your application to set asideicon is a little brief. I would adapt wotnot's post to your needs just to give the judge a bit more information.


  11. #11
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    I went to set the stat demand aside on Wednesday.
    It looked like the court staff had not seen a stat demand before, Aylesbury court.
    I did not get a receipt or any paperwork as acknowledgement.
    Is this correct?
    Also what happens now?


  12. #12
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    Default Re: 1st Credit Stat Demand for debt not due

    It's not uncommon for the court staff that you speak to to not be very familiar with SD's (90% of SD's are just issued as a threat by creditors). The court will now arrange a hearing where it will be decided whether the SD will be set asideicon.


  13. #13
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    I received an acknowledgement from the court today in the wrong name!

    So I phoned them up. They put the guy from 1st credits name on my letter. However it has gone before a judge and she said letters had been sent to both parties regarding a court hearing date. I was told I would already have it.

    However when I checked the post I now have a letter from 1st crediticon. They are now taking me to the county courticon and then are going to apply for a charging order on the house.

    What should I do now?

    Please remember i have already CCA with no response and written a complaint letter with no response.


  14. #14
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    Guys,

    Hopefully you can help me further.

    The court has awarded me 40 in costs against 1st crediticon. The deadline has passed and they have not paid.

    What can I do to get the money from them?


  15. #15
    Basic Account Holder PI Guy Novitiate PI Guy's Avatar

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    Default Re: 1st Credit Stat Demand for debt not due

    So was the SD set asideicon?


  16. #16
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    Default Re: 1st Credit Stat Demand for debt not due

    Interested to know also, was this for the set asideicon costs or did they proceed with a CCJ action which was subsequently thrown out.

    Of course I will pay you everything you say I owe with no proof.
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  17. #17
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    The SD was set asideicon.
    I had to argue for costs. The judge gave them to me as a litigant in person rate of 9.50 per hour.
    They have not issued county courticon proceedings yet.


  18. #18
    Basic Account Holder MrCollio Novitiate

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    Default Re: 1st Credit Stat Demand for debt not due

    The 40 was for set asideicon costs.


  19. #19
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    Default Re: 1st Credit Stat Demand for debt not due

    They shouldn''t be issuing county courticon proceedings IMHO, they tried to circumvent this with a SD so they have effectively shut the door on further court claims. Any court claims should mention the SD and the set asideicon as evidence of their vexatious litigation against you.


  20. #20
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    Default Re: 1st Credit Stat Demand for debt not due

    You should send Ist Credit a letter before actionicon asking for the money owed to be paid before a certain date - say 7 days after receipt.

    Send the letter recorded delivery and add the costs to the bill. Don't worry about that because its exactly what they would do.

    If the time limit expires and you hear nothing from them file a court claim against them. Its what they have threatened to do but haven't becuase they know they are barking up the wrong tree. From its serving they have 28 days to respond. They can either defend it - bit silly really bearing in mind this was an order by a court - or dispute part of it - just as silly as it would lead to a court hearing and the judge would not be best pleased - or pay it.

    If they don't you can do all sorts of fun things like send in the bailiffs, or freeze their bank account until they pay up. All this costs money but in the end it will be 1st crediticon who pays.

    After you have received your cash report them to the Office of Fair Trading. tell the Westminster mandarins what happened and ask them if they believe 1st Credit are worthy of a consumer crediticon licence.



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