Connaught Stat Demand - help appreciated - *** WON + COSTS ***

**scratcher** · 22nd December 2008 19:34

hi there. firstly nice one to the CAG icon

forum – it is truly an amazing place for knowledge. this is my first post so bear with me if it’s in the wrong place etc.

basically have a load of debts some of which have been defaulted. all relate to loans/overdrafts which I could not repay in 2006 due to the loss of my job. i tried to make an arrangement with the original creditors and get charges/interest icon

frozen. i then started paying £1 a month for a while. i moved house at the end of 2006 and informed the original creditors. after a while I must admit that I stopped paying as per my arrangement as I got frustrated that the amount I was paying off was nothing compared to how the debt was growing. I heard nothing since then until..

i recently (8 dec 2008 ) received a Stat Demand from Connaught for over £2k. it was only from reading these posts that I've realised how serious this could be and so need to get on it urgently.

these are the things I am hoping to do:

· go into court tomorrow with application forms to get my affidavit sorted and then submit my application to set aside the Statutory Demand.
· write to connaught and explain that I have done so, requesting that they withdraw the stat demand
· send connaught a CCA request to find out what the debt is all about

if anyone has any advice about what my reasons for a set-aside icon

might be I would be very grateful.
I have not got the original envelope but I did receive the SD a few days after the date it has on it (8 dec 2008 ). It is not a signed SD but has PP initials on behalf of a Mr D Silcock. I am worried the court may not even be open this week.. the creditor is 1st credit icon

and the original creditor is HSBC icon

in this case..
by the way, altho I am aware of having an hsbc debt it was less than £2k (they are stating it is more than £2k) last thing I knew..
so basically any advice or pointers or links to templates would be much appreciated. nice one.

Similar Threads:

**bladeboy** · 22nd December 2008 20:08

i recently (8 dec 2008 ) received a Stat Demand from Connaught for over £2k.

OK, so in theory you have to get the set aside icon

application in by this Friday but from what you've said they have arrived via conventional post rather than in person via a process server and all that? Let's get this straight, have you received two SD's? One from Connaught and the other from 1st crud icon

? On that basis (they will not have proof to the contrary) you could say it turned up a bit later if you like.

1st Crud virtually always send theirs out ordinary post which is a flagrant breach of the insolvency rules, but hey, no one in government seems to give a sh*t so they will, like the rest of the industry, abuse the process with regularity.

OK, get the CCA request off now and send it guaranteed/special delivery. Keep a record of the post number so you can check on the Royal Mail website that it's been signed for.

Download the set aside forms from the Insolvency Service website and start drafting what you are going to write. Google it to get the address.

DO NOT cut/copy/paste sections of previous posts from here. Recently 1st Crud (or their representatives) turned up for a hearing and went onto the Judge about how people were lifting, verbatim, sections from these 'pesky consumer type forums' and unfortunately the Judge accepted their argument -what difference it makes where you do your research is beyond me but there you go.

Are you aware if any illegal charges are being ot have been added? If so you can dispute them and hence the account itself.

I dare say 42man will be able to offer more guidance but all the case law is on here so do you research and put the set aside in your own words.

Keep us updated.

**scratcher** · 22nd December 2008 20:23

nice one.

yeah I saw about the judge so I am now going through and 'individualising' my affidavit - or someting..

i just looked through my bin to see if I could find the envelope but no joy. I am sure I didn't get the SD until last Monday 15 december but it is dated 8 dec 2008.

basically there has been nothing other than letters. one from connaught dated 27 Nov saying it is their intention to issue a SD and then the one from Connaught on behalf of 1st credit icon

dated 8 dec with the actual SD.

i have no idea whether this debt is related to one i actually know i have with HSBC icon

as the amount is over £600 more than what i was aware of. could be charges therefore. but if it is the account I used to have, it was an overdraft icon

for £1500 that took off when I lost my job and will have a lot of charges on it..

can i just say I dispute the debt claimed without having to say any more - would that be enough to get it set aside icon

do you think? in the meantime i will CCA request them to see if they actually have an agreement etc.

thanks for your help and all the other comments you have posted elsewhere - i will be reading into the night! nice one.

**bladeboy** · 22nd December 2008 20:36

Ignore the date on the actual SD. If they can't be bothered to issue them properly then you have some deserved latitude when it comes to when you say you got it.

Just for your info, it cost them roughly £1,200 to petition for your Bankruptcy.

What they really want is for you to get on the phone, preferably crying, so they can bully you into paying far more than you're able to (they don't care), admit the debt fully on tape (thy will be recording) and thay also don't give a monkeys about you showing them preference over other creditors.

**scratcher** · 22nd December 2008 20:46

no way.. too much good information on here for something unfortunate like that to happen! thanks again.. will keep people posted.. how do i attach any documents i make?

**42man** · 23rd December 2008 10:16

You've probably seen some of the threads in here....but potentially you can add a variety of things on to the stat demand.... - have a look through some of these in here - repaying the debt is not a reason to get it set aside icon

http://www.consumeractiongroup.co.uk...gal-successes/

If you need any help please shout....

**Filmfan1** · 23rd December 2008 19:12

I have also just recieved a SD from connought collections - its a proper one not a computer generated one , I am also with the cccs and will be calling them tommorrow , however before 1st credit icon

transfered the debt I CCA'd them and they still have not responded , should I CCA connought collections as well ? They have also sneakily sent it out over the holiday icon

period so will the 18 day rule on setting aside still apply?? None of my other creditors have been like this and its beginning to really annoy me surely it will cost them around a grand to take to court ? Why do they use this methods? can I complain ?
after all I am doing all i can to pay off my debts ...

I have just rung the CCCS whom I have a dmp icon

with and she said dont worry connought are the worst DCA icon

for doing this its a scare tactic to make people pay more - she told me to CCA them which I have , I cant believe they can get away with it . I originally CCAd 1st Credit who passed it to connought - now this was done in July - they did respond saying the original afreement will be sent ASAP - as of this date still no CCA agreement !!

Thanks ( this is my 1st post by the way!! )

**42man** · 23rd December 2008 20:21

ff...welcome to the CAG icon

forums....is it possible you can start a new thread icon

?

**maroondevo52** · 23rd December 2008 20:28

42man,

I'll use Filmfans duplicate post on another thread to start a new thread icon

for them

Regards.

Scott.

**scratcher** · 23rd December 2008 21:03

nice one for the info. i went to court with my apoplication to set aside icon

. i did it in a bit of a rush so i hope it's ok. thinking back though i only signed the affidavit and not the other form. don't know if that'll be a problem.. i also sent my CCA request to connaught.. i am not admitting the debt. i made a point that the SD had no signature icon

- just pp on behalf of someone. Also that no-one attempted to contact me in person before the SD came by 'regular' post. also there was no way for me to identify the debt - all they gave was a figure and no other references. i did mention that I had not yet received a credit agreement, but to be honest, I've only just sent for it. feel like i had to rush a bit due to xmas and deadlines but thanks for tall the info here, i wouldn't have known where to start otherwise.. any comments welcome..

**lookinforinfo** · 24th December 2008 17:44

Take a look at this thread and send off your complaint to the OFT
http://www.consumeractiongroup.co.uk...onnaughts.html

**scratcher** · 14th January 2009 13:27

Just an update...

I did receive a letter back from connaughts in reply to my CCA request within the 12 days but they apparently don't hold this information in their office and are asking 1st credit icon

and HSBC

for it.

In the meantime I received a hearing notice for XXXX county court icon

- XXXXX - for 20 minutes..

Don't really know where to go from here. Any advice would be appreciated..

**42man** · 11th February 2009 21:36

OK scratch, thanks for the PM, what did you put in your affadavit.....don't forget to submit your costs to the court 24 hours before the hearing (or at least fax/post them so they will be in the court at least 24 hours before).....judges can vary, but as long as you at least know what is being said you will be fine....take a good read through the legal success forums, Connaughts/1st credit icon

are highly unlikely to turn up to court, be firm but polite and address the judge as sir/madam....

There is some good case law here too which should help you - http://www.consumeractiongroup.co.uk...es-issued.html

**42man** · 11th February 2009 21:37

PM me if you need anything...

**scratcher** · 12th February 2009 05:34

thanks for the help..

think I will SAR icon

them..

don't know who - Connaught or first credit icon

- or even the original creditor?

and also I saw something about a Civil Procedure icon

Rules request - can anyone expand on this? just so I can go to court knowing what a guan..

then once I have got as much as I can - time for a costs schedule..

**scratcher** · 12th February 2009 06:36

By the way - what difference does it make if your original debt is overdraft icon

or credit card/loan? I understand that CCA may not apply to o'draft?

**42man** · 12th February 2009 09:11

Correct, the CCA request is made in relation to credit products such as credit cards, loans etc.

If it was me in your position I would send a SAR to the original creditor....is there also any chance the alleged debt may be statute barred also ? (i.e. yo uhave made no payment towards or acknowledged the debt in 6 years icon

OR if there is a gap anywhere in the life of the debt that is 6 years or more)

A SAR will cost £10 unfortunately, send postal orders and send recorded

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 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 icon

and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

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'

**42man** · 12th February 2009 09:21

Also you mentioned the CPR (Civil Procedure Rules) these can only be used in Civil Law and for county court icon

Claims, Stat Demands and Bankruptcies are governed by the Insolvency Laws. The only way you could make them reveal documents is by requesting the judge to order the alleged claimant to produce the documentation if you put across the reasons why....

**scratcher** · 12th February 2009 16:58

wow. exactly what I needed. thanks again for this. i am afraid I have been a bit naiive and my sig may be lifted as I have signed all my letters. oh well, it's changed in the last few years so at least there may be some interesting results if they do..

**scratcher** · 12th February 2009 17:02

By the way are you suggesting SAR icon

for Connaught, 1st credit icon

AND the original creditor i.e. £30? Guess I may be able to recover it if I am successful...

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