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Old Debt 6 years, issued Statutory Demand help


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Hi All

 

1st Credit have today sent me a Statutory Demand of Insolvency for a debt that is owed to Natwest Bank and is well over 6 years old.

 

I have not had any communication with this company, sent letters or event telephone contact.

 

Now this has arrived, obviously because i am on the Electoral Register in my new home.

 

Apparently i have 18 days to apply to the court to have it set aside, do i apply to the court under the statue of limitations, i do not want to ring them as this will start the whole new 6 year thing off.

 

Also there is no stamp on it from a court surely there would be the court address this was sent to, or am i wrong, is this just a scare tatic to try and get me to ring them?

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You won't set the "six year thing" off again by phoning them - only by acknowledging in writing or making a payment.

 

I believe (though I could be wrong) that you can apply for a set aside at your nearest court - and it should be free.

 

Don't forget to send the "statute barred" letter to Wirst credit then you can report them to TS next time they contact you

Carpe Jugulum

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

 

don't phone them!

You do have to apply for a set-aside tho, at your local court.

 

A statutory demand doesn't have to have a court seal - it does need to be "served", however - by a court process server, or possibly by FIRST class post.

Carpe Jugulum

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Can I ask, is this debt for more than £750? Do you own your own home?

 

First credit are issuing stat demands like confetti at the moment. They issue actual petitions much more rarely, but you've nothing to lose applying for a set aside.

 

EDIT: And yeah, you can use that as the reason... depending what type of loan it was. (Erm, what type of loan was it?)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi

 

Yes 960.00 and i do own my own home well only in the last year. I will have it setaside, i will also in my application after reading other threads that 1st Credit are abusing the process and issuing these like confetti, and i will also add a costs element for me as well.

 

I need advice on costs as i am self employed is there like a basic hourly rate etc.

 

It was not a loan i was overdrawn and was charges as well

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Your costs would be the cost of attending a hearing, so basically traveling expenses and lost earnings. Have you written to them and / or paid them in the last six years?

 

No need to include the fact they are issuing them like confetti, although it is the truth, it won't help your case :)

 

Include the fact the debt was originally largly made up from bank charges, that you would seek to reclaim.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 months later...

Hi

 

Just to let you all know, i went to court to have the case set aside and 1st Credit & Connaught Collections failed to show. The case was set aside and i was awarded my costs 101.75.

 

Today a cheque arrived, they took me court for money, they never showed and now they have paid me.

 

The funniest thing is ...

 

I have now received another one from the same company for a different debt.

 

Here we go again

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