Thread: OMG Connaught/First credit SD**WON-Setaside plus costs**

Hi everyone

I've an update on my case.

After I applied at the court to get the SD set aside I got a letter from our "friends" at Connaught saying that as "you have chosen to ignore the SD we will be pursuing the petition for banckuptcy".

As the SD had been sent second class they really didnt know when I recieved this and cannot know whether I had ignored it or applied to set it aside as this letter turned up two weeks after I received the SD. Anyhoo, I sent a snotty letter back and told them I had applied to have it set aside etc and today.... (this is where the OMG comes in)....I got a letter saying that Connaught had written to the court confirming that they are willing to set it aside. They go on to say that they are not intending to attend court and that any further correspondence should be sent to first credit.

1. Now, does this mean that I do not have to go to court?

2. As First Credit are the company that actually sent the SD are they still intending to attend court?

Of course I intend to ring the court first thing on Monday as I am not willing to just take their word for it....my mum didnt bring up any idiot children!

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1st credit are part of the same group/company as connaught.

Did you get the SD set aside or are you waiting for a letter from the court to confirm this?

If you are waiting for the court to mail you their decision I dont think they is anything to do untill you get that at the moment. Nothing has changed the fact that its best to have the SD set aside, nevermind what Connaught have said - just to be on the safe side.

Did your mum ever mention Bank Hols when she brought you up btw? lol

Ive applied to the court to have the SD set aside and they granted me a hearing in about three weeks time. Connaught are saying they've informed the court that they are "willing to set it aside" and they dont intend to attend court.

Mum didnt bring any idiot children up but she may have dropped me on my head a couple of times! I of course I meant Tuesday when the court opens after the Bank holiday (blush!)

Mum didnt bring any idiot children up but she may have dropped me on my head a couple of times! :cry: I of course I meant Tuesday when the court opens after the Bank holiday (blush!)

*hugs*

Hi

I posted this morning but seem to have lost it? I think there have been quite a few new posts since then.

I hope someone can give me some advice.

I have applied to have my SD set aside at court and they arranged a hearing date. In the mean time Connaught sent me a letter stating that I "had chosen to ignore the SD and therefore they were intending to pursue the petition for bancruptcy" I sent a letter back informing them that I had CCA'd first credit as they had originated the SD and that they should contact them.

Today I received a letter from Connaught saying that they had "written to the court" to say that they were "willing to have the SD set aside" and that they were not "intending to attend court for the hearing" They went on to say that they were closing thier file on me and forwarding it to First Credit.

I would appreciate your thoughts on this, I am of course intending to ring the court on Tuesday to confirm if Connaught have done this, but I wonder:

1. Does this mean that as First Credit and Connaught are two roots to the same plant whether First Credit can still enforce a petition if Connaught "is willing to have the SD set aside"?

2. Would you consider this an indication that they cannot provide a signed credit agreement or any proof of ownership of the debt and or warrant of assignment?

3. What would you do next?

Thanks in anticipation

Can anyone help?

I apologise for being so pushy but I am really quite anxious, I just dont know what this means. I was/am so very nervous about appearing in court and at first I thought when I got this letter, was that this meant that I didnt have to go...... but now I am wondering if I still neet to attend in order to have the SD set aside.

I worry that just because one of the DCA's dealing with the case is willing to have the SD set aside doesnt mean that the hearing doesnt happen and the judge may find in favour of the DCA in my absence. (I am not going to take the DCA's word for it and will contact the court on Tuesday and verify that they have written, I will ask the court what this means but I just wondered if this has happened to anyone else and what was the outcome?)

I know I am babbling a bit here but its because I just want all this to end and I want to make it clear that I am not trying to avoid my debts but since becoming aware of my rights on this site I want to clarify the sum alegedly owed is correct, is enforceable and that the DCA has the legal right to pursue it.

Thanks

Thanks for your reply HAK.

I dont know if costs would be applicable because they have written to me to tell me that they were not coming and that they were "willing to have the SD set aside". I will certainly try.

I cant tell you how much stress this has caused!

The thought of going to court just turns my knees to jelly, Ive never had to go to court before and I really am anxious/nervous about it.

Whooooo hoooo! That is what I wanted to hear, thanks creditcardmug your scales have been tipped accordingly!

I know that things are almost always not that simple but it was just nice to hear something positive today as I had a really bad nightmare last night due to the letter and things didnt seem all that bright this morning...That has made me feel so much better.

I am still going to ring the court on Tuesday and just check that they have had some correspondance from Connaught and what this means but unless the court tells me not to (in writing) I will be there with bells on on the day with all my letters (two copies of everything), postal order reciepts, recorded/special delivery reciepts etc and a claim for costs.