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?

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

1. Official court papers would be sent from the court, not 1st credit

2. It would have the court seal

3. It would have the address of the court

4. If there is no address, how can you apply to have it set aside

Send them this letter:

Creditors and DCAs - Consumer Wiki

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?

Sorry, re-read your post properly. Issuing an SD does not require court involvment, so yes you do need to apply to set it aside using forms 6.4 and 6.5 which you can download here:

England and Wales Forms

SD's are explained here:

Legal Issues Explained - Statutory Demand

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.

Ok

Can i have it set aside based on the fact that Statue Barred

then its upto the 1st Credit to prove that they have a written correspondance from me

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?)

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

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 have never paid or offered to pay or wrote to them about this debt

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

Keep us posted....and VERY well done !!!