Stat demands - ** WON + COSTS **

**SteeveF** · 13th December 2008 16:08

Is it still possible to CCA a creditor after making an offer of settlement? I am confused a bit by this. What happens in the meantime they STat Demand you as well giving you only 18 days to have it set aside icon

?

Thanks
Ste

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**42man** · 13th December 2008 16:21

Yes you can....have you settled and paid the settlement ? if so then it might be very hard for you to get the money back !! If the stat demand is issued then I would always recommend sending it as one of the first things you should do..

**SteeveF** · 13th December 2008 16:53

HI no, I made an offer for settlement to the credit card company at least 3 times. never had a reply, just the usual threats from various DCA icon

`s now it seems ist credit have purchased the debt and Connaughts are mentioned on the SD .
So I imagine I can apply for the original CCA even though I made an offer to The original credit card company havnt I acknowledged the debt? and also ask for proof of the ownership of the debt now in the hands of 1st credit icon

? Are these good reasons to have it set aside icon

?

Thanks
Ste

**SteeveF** · 13th December 2008 18:37

The way I see things are a DCA icon

like Connaughts actually going to file a bancrupcy petition after the 21 days have expired for a debt of around £2500, bearing in mind it costs around £500 for the petition?

**42man** · 13th December 2008 19:33

You can dispute the debt at any stage, (especially now you know your rights icon

a bit more)....If you need some help with a stat demand, please shout... - and have a look here too - http://www.consumeractiongroup.co.uk...gal-successes/

http://www.consumeractiongroup.co.uk...ankruptcy.html

**SteeveF** · 13th December 2008 19:56

Thanks Pm sent!

**42man** · 13th December 2008 20:00

OK, as mentioned you can dispute the debt at any stages.....

The first thing to do is to send the CCA request (just a quick question is there any chance the debt might be statute barred icon

?).....

Have a look at this thread here - somebody who is in pretty much the same situation as you - http://www.consumeractiongroup.co.uk...ry-demand.html

**SteeveF** · 13th December 2008 20:02

No its not barred as the card was terminated around the beginning of 2007.

**SteeveF** · 30th December 2008 13:00

I sent the Cca request off on the 14th December , sent it twice to Connaughts and Worst C ! Had 1 letter back from Connaughts saying they didnt hold the info in thier office and would request it from Worst who I have already written too. They replied but to my old address and not the address on the Cca request!!
I have to apply to have the SD set aside icon

tommorrow, Am I ok to say they havnt complied with my request for the original agreement in the set aside along iwth the charges in dispute etc?
thanks

**42man** · 30th December 2008 15:25

Correct.....

Plus non production of a compliant default, non production of statements (it being not uncommon for debts to be made up entirely of excessive penalty charges)....

Have you had a look though here too - http://www.consumeractiongroup.co.uk...gal-successes/

**42man** · 30th December 2008 15:26

If you need help with the Affadavit please PM me....

**42man** · 14th January 2009 17:36

You are disputing due to the fact that

They have not supplied an agreement
No default notice
No statements provided (it being common that some debts are made up entirely of excessive penalty charges)
No notice of assignment

I presume you have all the relevant case law also ?

**SteeveF** · 14th January 2009 20:26

Yes I have the case law, What if the judge strikes it out based on their lack of understanding of the CCact? I saw this happened recently.
Ste

**42man** · 23rd January 2009 14:23

Steeve you must update your thread....and if you have a court date you must appear and claim your costs back...!! and beware of notices of assignment... - http://www.consumeractiongroup.co.uk...ght=cymruabuth

They had the cheek to issue a stat demand, without having all the relevant paperwork to enforce the debt...make them pay !!

**SteeveF** · 23rd January 2009 14:36

Update!! I had a letter today from Connaught on behalf of thier client!! !1st credit icon

.
They have said they are formally withdrawing the SD , and advise further they will not be attending court , surprise surprise.
Attatched to the letter is in their words` a copy of Notice of Assignment ` as requested. Its a letter from 1st credit saying they have been assigned the debt from the original Cc company this was sent early 2008 apparently!
They also say they have requested, the Original agreement, Statement of Account and Default notice from their clients and will take no further action until this information is obtained.
What do you think I should do now? Wait..?
How can I get my hands on a copy of the original deed of assignment between the 2 companies? Do I need to?
I was thinking of writing to the original cc company and asking for a deed of assignment , is it worth disputing the original charges? Although I dont have any statements.
Also should I still appear at court and go for costs, even though they have pulled out??

thanks
Ste

**42man** · 23rd January 2009 14:53

I would send this recorded delivery, this is a SAR (Subject access request icon

) send it to the original creditor - this will cost £10 (send postal orders), they HAVE to supply all the information they hold on you in 40 days

Data Protection Act 1998

Subject access request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions icon

that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions icon

, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown icon

of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

Please confirm in writing if you are unable to supply any of the documents or if you are not able to produce copies.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

sign your name but put crosses through it so it can't be lifted

**SteeveF** · 23rd January 2009 15:08

Ok will do !!
can I go to the court and claim any costs now that they wont be showin up and have cancelled the Sd?
Ste

**fiftypence** · 23rd January 2009 15:28

Yes go to court and claim your costs, make sure you communicate your costs (using the costs template) to the court 24 hours before the hearing date. If the judge gives you any gyp about why have you turned up as the SD was cancelled, tell him you don't trust the DCA icon

not to turn up and get a judgment by default.

**42man** · 23rd January 2009 16:00

Head a letter - COSTS AS LITIGANT IN PERSON

You can claim £9.25 per hour for research
40p per mile
Parking
Postage
You can also ask for costs in taking time off from work too if necessary.

You need to submit the costs 24 hours before the hearing or at least post them recorded to arrive 24 hours before the hearing....

Once you have done this please report them to the OFT...

**42man** · 23rd January 2009 16:02

If you rang the court, they would still tell you to appear, I wouldn't trust this bunch as far as I could throw them.....

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