Thread: Scorterooney V First Credit..and now Connaught and now 1st Credit get a bloody nose !

One school of thought might be to ignore them and let them issue a stat demand (if they really have the balls for it) you will be able to get it set aside and you can hit them for some costs

1st credit and Connaught have never been seen in the same room together. If 1st Credit have an account eventually Connaught will pop up somewhere. Personally I think I would make a complaint to the OFT and hope that Connaught are stupid enough to issue a statutory demand.

let them issue the demand, then apply to have it set aside, and spank them for costs

sound like i good plan to me

Cheers, i thought as much tbh.

am i right in thinking they Would have no chance of getting an SD as the case had been brought before a judge before and he had struck it out ? or would it be slightly more complex than that ?

also how do i go about complaining to the OFT etc ?

Thank,

Scort

no they can serve you with a SD, however it is an abuse of the insolvency process to do so when a debt is disputed so the court would undoubtedly set it aside

however you do not use the N244 for this, instead you use a form 6.4 and 6.5

but dont worry about that yet,

one thing you must do, if they issue a demand, KEEP the envelope it comes in


also, let us know ASAP when you recieve it as you need to get things done very quickly, the application must be made within 18 days from reciept of the demand

Originally Posted by scorterooney

Cheers, i thought as much tbh.

am i right in thinking they Would have no chance of getting an SD as the case had been brought before a judge before and he had struck it out ? or would it be slightly more complex than that ?

also how do i go about complaining to the OFT etc ?

Thank,

Scort

Its easy for them to issue a SD, its just a few sheets of paper in an envelope, costs about 35p, inc postage. Getting it set aside should be childs play particularly as you have done it once before and if you have the correspondence about the previous strike out that should put the final nail in their coffin.

There is probably plenty of threads on here about the OFT complaint procedure, just a letter outlining the events and copies of relevant correspondence I would assume.

Cheers PT

thanks for the info

Scort

also how do i go about complaining to the OFT etc ?

You can either do it on-line or send your complaint to:

Enquiries Unit
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London, EC4Y 8JX.

sub

due to fall off my credit rating in August 08 due to 6 years being up.

Hang on a minute...August 08 has now gone. Isn't this now statute barred anyway (assuming you haven't paid or acknowledged this account - sorry haven't chcked backwards to see).
In which case they are harrassing you under the admin of Justice. Defo complain to everyone.

Cheers all for the replies, and merry christmas

Well, i had a nice xmas present from first credit drop through the letterbox on chrimbo eve - A stat Demand !.

Obviously im gonna go for getting it set aside and will be applying to my local court a soon as its open again.

Many of you kno the background to this but just to summarise - £2400 allegedly owed to Lloyds TSB, First Credit chasing for it, First credit issue a CCJ Summons, I defend, 1st cred cannot and will not supply CCA etc, First cred does not comply with the judges orders - Judge striked case out. That was in may 08 and heard nothing till the other week and now a stat demand.

So then, Stat demand turned up by ordinary post ( no signature needed etc) it has a barcode and UKMAIL express parcels & Mail sticker on it but no post office date stamp.

The stat demand wants a greater amount than that which was contested in court and is dated 15th December 2008 ( but i didnt receive it untill 9 days after this date on the 24th dec 08)

The particulars of debt reads:

A the debt was incurred by monies due under a financial agreement. The debtor is in breach of the repayment terms and failed to adhere t the terms and conditions of the repayment agreements. The debt has been assigned as hown in part C hereof.

B The debt is in respect of outstanding monie owed to the creditor by the debter for non payment of a lloyds tsb agreement. The benefit of the debt having been assigned under an agreement to 1st Credit (finance) Limited 04/10/2006

C The amount due at the date of the demand is £2614.XX

Several times on the stat demand it gives me first credits phone number and the old "phone us to get this sorted" chestnut.

So then what do i do ? Im not 100% sure of the procedure and want to make it very clear in teh set aside that first credit have had this case struck out of court allready, refuse to furnish me with the agreements or any proof etc.

Help please

Scort

http://www.consumeractiongroup.co.uk...edit-stat.html

have a read here

then have a think about the situation

then post your questions that you may have and we will do our best to help

Cheers pT - will have a read of post and get back to you.

Thanks, Scort

Reet had a good read of a few threads and got a good idea of here i should be going with the set aside.

first question reagrds timings - am i right in thinking its 18 days from the date of me recieving the stat demand ? And how do the christmas / new year holidays alter the time line ( if they do at all ) ?

had a nice xmas present from first credit drop through the letterbox on chrimbo eve - A stat Demand !.

Well it should bring you a few quid anyway from claiming costs

am i right in thinking its 18 days from the date of me recieving the stat demand ?

Yes. The 18 days run from service (receipt if you prefer).

And how do the christmas / new year holidays alter the time line ( if they do at all ) ?

They don't. The 18 days are only lengthened if the 18th day fell on a weekend or bank holiday in which case it would be lengthened to the next working day.

Thanks rory, on my reckoning that makes it the 10th January 2009 , which makes it one year and two days since they started this farce

i have the forms downloaded now so i shall start filling them in and then post up for advice on how to make them better lol

Thanks again,

Scort

If the matter has already been subject of proceedings then include this fact in your affidavit.

On XXXX Date, the respondent commenced proceedings against the applicant, the matter was brought under claim number XXXXX in the XXXX county court. (INSERT EXACTLY WHAT HAPPENED HERE)

The applicant refers the court to the judgment of Mr Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

27. So far as disputed debts are concerned, the practice of the court is not to allow the
insolvency regime to be used as a method of debt collection where there is a bona fide and
substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition
based on such a debt (usually with an indemnity costs order against the petitioner).

In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made awareof the matters complained of and despite this a statutory demand was issued