Stat demand set aside refused by court! hfc hp - 1st credit/connaults/marlin

[SirHumpy]

Hi,

 

Ive had a look through the stickys and done a couple of searches and have a general idea where I stand - but I have a couple of things that were not covered elsewhere.

 

I received a letter from Marlin, a notice of assignmenr from HFC to them on the 24th June. Then nothing, no phone call or follow up letter until a letter from Connaught on 15th July saying it was their intention to issue a stat demand under IA 1986. Then nothing again until receiving the now famous A4 demand, with the little blue binding triangle at the top of the page. I received this letter on the 4th August - but its dated 26th July - sent second class.

 

1 - Can I ask them for proof of assignment to them?

 

Now without checking the forums (DOH!) I emailed them, but a bit of background first:

 

I have several other debts that are being managed by the CCCS - all of which I make regular payments to.This debt to the HFC was a forgotten debt from 2004 - and I havent heard anything about it since shortly afterwards until now. The amount of debt is £900 - but they only quote the amount owed - not the account number.

 

In my email I said that I would seek to add it to my debt managment plan, and requested this demand to be set aside - I did though state the email was "without prejudice" at the start.

 

2 - will it still be a good idea now to request a copy of the credit agreement?

 

Is there anything else I could do to help with this demand?

 

3 - with realtion to my other debts - if the agencies dealing with those debts fail to provide me with a copy of the credit agreement - would that make those debts unenforceable - or would the fact I've been making payments stop this happening?

 

Thanks guys!

[babybear39]

Get the SD set aside ASAP. Also request the CCA if the account is covered by the CCA 1974.

 

NEVER use the term 'without prejudice' as this stops you using that communication in court should you need to

[saintly_1]

Did you apply for the stat demand to be set aside ?

[SirHumpy]

Wowsers that was quick - thanks

 

At the moment I have asked Con to set it aside - but not aplied to the court for it to be done so - because I dont know if I have cause for it to be?

[babybear39]

Does the account have charges on it that you dispute?

[saintly_1]

For the stat demand set aside you need forms 6.4 & 6.5 from here

England and Wales Forms

[SirHumpy]

Does the account have charges on it that you dispute?

To be honest - I dont know - its from over four years ago now.

 

What reason should I use on the forms?

[babybear39]

That you dispute the amount due to charges that haven't been verified and that they have not supplied a CCA.

 

Request a CCA from them using letter N from here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY THAT YOU CLAIM TO REPRESENT.

 

Amend to suit, do not sign, print your name, send recorded, use a £1 postal order for the fee keeping a copy of the number to check if they cash it, keep a copy of your letter with the postal receipt and good luck...

 

Send an SAR letter M from the same template library. Use a £10 postal order and send in the same way as the CCA...This is to establish any unlawful charges on the account.

Edited August 5, 2008 by babybear39

[SirHumpy]

Thanks guys,

 

Will do the stat demand thing in the morning.

 

Babybear39 - I couldnt see the S.A.R - (Subject Access Request) you refer to - am I looking at the wrong page?

[creditcardmug]

The site seems full of these SDs from Ist Credit at the moment, im expecting mine any day now, in fact the postman tried to deliver a recorded letter this morning, so ill find out tomorrow when i collect it from the post office.

Not had one before so will need help, if/when

[saintly_1]

The SAR can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[SirHumpy]

How do I know which court to use?

[PSB123]

The site seems full of these SDs from Ist Credit at the moment, im expecting mine any day now, in fact the postman tried to deliver a recorded letter this morning, so ill find out tomorrow when i collect it from the post office.

Not had one before so will need help, if/when

As someone said before, 1st Credit/Connaught send SD's out like confetti. I have had 3 from them. One of them quoted my local county court that doesn't deal with bankruptcies and the other two, no court was quoted at all. Just a message on the SD to phone them and they would tell me which court I should attend.

I never had any of them set aside but if they send another I definetley will.

[creditcardmug]

As someone said before, 1st Credit/Connaught send SD's out like confetti. I have had 3 from them. One of them quoted my local county court that doesn't deal with bankruptcies and the other two, no court was quoted at all. Just a message on the SD to phone them and they would tell me which court I should attend.

I never had any of them set aside but if they send another I definetley will.

 

What happened then, if you didnt get them set aside they can petition for your bankruptcy, as i understand it?

[saintly_1]

How do I know which court to use?

 

 

Your local county court or the nearest to you that deals with them

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

[PSB123]

What happened then, if you didnt get them set aside they can petition for your bankruptcy, as i understand it?

They sent one quoting a court that doesn't deal in bankruptcy proceedings and the other two quoted no court at all. I did try and have the first one set aside but the staff at the court weren't clued up as to what an SD was. They basically turned me away. TBH I wasn't as clued up as I am now when I got them. From what I believe I have to have them set aside at the High Court in Central London as that is the only court here that deals with bankruptcy. It is far too late now to have them set aside and I have had several letters and phone calls from 1st Credit since I got the last SD. I simply have to wait for their next move.

[creditcardmug]

They sent one quoting a court that doesn't deal in bankruptcy proceedings and the other two quoted no court at all. I did try and have the first one set aside but the staff at the court weren't clued up as to what an SD was. They basically turned me away. TBH I wasn't as clued up as I am now when I got them. From what I believe I have to have them set aside at the High Court in Central London as that is the only court here that deals with bankruptcy. It is far too late now to have them set aside and I have had several letters and phone calls from 1st Credit since I got the last SD. I simply have to wait for their next move.

 

Hi, im sure thats not right, its a COUNTY COURT matter at this stage, and i understand you can do it at any branch of the court, find out all the ones in your immediate area and insist, you only have 18 days to deal with these things, it costs the other side nothing to do it, and thats why i think there are so many of these now, as they have to pay a fee for a court claim, with no guarantee of winning

[PSB123]

Hi, im sure thats not right, its a COUNTY COURT matter at this stage, and i understand you can do it at any branch of the court, find out all the ones in your immediate area and insist, you only have 18 days to deal with these things, it costs the other side nothing to do it, and thats why i think there are so many of these now, as they have to pay a fee for a court claim, with no guarantee of winning

I wish I could have them set aside but they are far too old now. They wouldn't get much out of me any way. By the time they had made me bankrupt there would be nothing left for them after everyone else got payed out. The little equity I have left in my property is quickly decreasing due to the so called credit crunch, immenent recession and property crash that is happening right now.

[PSB123]

Hi, im sure thats not right, its a COUNTY COURT matter at this stage, and i understand you can do it at any branch of the court, find out all the ones in your immediate area and insist, you only have 18 days to deal with these things, it costs the other side nothing to do it, and thats why i think there are so many of these now, as they have to pay a fee for a court claim, with no guarantee of winning

I have checked. Not all deal with bankruptcy.

[creditcardmug]

Ok mate as i said this hasn't happened to me yet, but i think it will soon, so im trying to find out stuff for my benefit as well as trying to help you (and others who i'm sure are watching this).

Thanks for your help

[SirHumpy]

I'm due to get this set aside in the morning.

 

But now this is interesting I've got a second letter from Marlin, this time with £60 added to what I owe without explanation.

 

It now seems I have two agencies chasing me for this money,

 

I get 3-5 calls a day from Connaught, but I have refused to answer their questions, as advised from here, 'cos I dont want to give them any details they have not got. They havent taken the hint, or requests to only deal via letter - so I'm thinking of issuing the phone letter to them as well.

 

Oh and Marlins letter tells an out and out lie, saying "we have confirmed with the land registry that you are the registered owner..."

 

Apparently I own the house, which I think will be a surprise to the landlord lol

 

I have sent CCAs to each of them btw

[palomino]

 

Oh and Marlins letter tells an out and out lie, saying "we have confirmed with the land registry that you are the registered owner..."

 

Apparently I own the house, which I think will be a surprise to the landlord lol

 

 

Maybe your lease is registered with the Land Registry with its own title. The LR entry does distinguish between real property and leases but it's not at all obvious.

 

You can get a copy of the Land Registry entry for any property online from their website. Costs £3.

[SirHumpy]

As this is a credit card debt I am going to send a subject access letter as there will def be unfair charges on the account.

 

My problem is to who?

 

Marlin who have sent an assignment letter - though only signed by themselves.

OR

Connaught who issued the sat demand?

 

Both are currently engaged in chasing this debt.

 

And if I send it to Marlin - where does that leave me in regards to how I am setting the demand asside (unfair charges, no cca and no assignment proof).

 

Should I write to one of them telling them I am only going to deal with the other? If so who?

 

I dont want to have to issue the subject access letters to both of the DCAs - due to costs partly and just 'cos it could confuse things.

 

I have been refusing to talk to both on the phone, due to them asking me personal details and aftter advice not wanting to give them more ammo than they have - but should I just ask them about eachother - without giving them the info I just mentioned.

 

Sorry to ask so much - but its getting silly now!

[SirHumpy]

Opps the debt is a Hire purchase agreement - not a credit card.

 

Oh and I did the agreement online in 2004 - not sure if I ever signed an agreement?

Edited August 11, 2008 by SirHumpy

[SirHumpy]

Bump - sorry I need help!