hi there everyone.

i have been paying connaught now for nearly 2 years for a debt from 1st credit/ royal bank of scotland.

i have adhered to payment plan and paid via a payment booklet at Barclays

.i have in this time received letters evry other month saying account is in arrears

when i have actually paid the sum due monthly.

this i have always ignored as i have proof of payment every time!!

however i have now received by second class post a statutory demand

saying my payment plan has been not adhered to and have to respond within 18 days (due next week)

i have seen various threads on here that seem differing.

can anyone advis me on this matter as to whether i should respind to connnaught?

if so what should i say.i have my own house that is mortgaged and a secured loan on it too.

the house is also shared ownership i.e 50% mortgage and 50% rent.

i have other debts as usual with anyone that are being paid regularly.

all advise would be appreciated

1st Credit/Connaught are just despicable...there you are paying off via a plan, and despite keeping up with payments they send you a stat demand...this is wholly unreasonable....

Firstly send them a request for your Consumer Credit Agreement....(if this is a credit card or a loan).....do this by recorded delivery and enclose a £1 postal order

Send them letter 'N' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Next you need to get the statutory demand set aside at your local court within 18 days of you receiving the demand

Keep the envelope that they sent you the demand in as delivering a stat demand by 2nd class is an abuse of process !!!

You now need to dispite the whole debt (despite you having made payments under duress from them)...

Have a read here....

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

You could defend this due to the non production of your Consumer Credit Agreement.

The fact that the statutory demand has been delivered second class.

You could also say that the debt is disputed due to non production of a notice of assignment, a lack of a default notice and the fact that the debt could be made up of entirely excessive charges....

When you go to your local court you should also claim your costs too for the time you have spent researching the Insolvency law, your fuel costs and time off work....!!

You need to download forms 6.4 and 6.5 from here:

England and Wales Forms

Take them to your nearest county court, check that they deal with bankruptcy first as not all do. You can swear the affi. at the court free and the staff should be helpful and guide you through the process.

With the CCA request letter, use a £1 postal order for the fee, DO NOT SIGN IT, print your name, keep a copy of your letter with a copy of the PO serial number (to check if they cash it) and your postal receipt, send recorded delivery.

thanks for the information.

unfortunately i do not have the envelope in question but know that it was received five days from date of postal/service.

i originally rang them when i got a demand saying they were going to do the same procedure

nearly two years ago!!i

wrote to them with an income expenditure plan and agreed my repayments.

this took nearly 5 weeks fo them to agree.

they served the SD by hand whilst i was on holiday that time.

it was a loose document and no envelope.

do you think they are chancing their arm again??

i will send CCA as i much more genned up after reading on here about cases of a similar nature.

to date i have no evidence of what the debt is for despite paying it off!!!!

do i still need to ado the court thing?

Did they push the older SD through your letter box without an envelope or hand it to someone else?

the old one was pushed through letterbox

and was on my doormat when returning from holiday nearly two years ago.

the latest was posted and received approx 5 days later.

as i am a postman that means 2nd class to me.

it was in a large envelope with a business service mail franking that i do remember.

5 days is second class in my business.

sorry but do i have to acknowledge this sd with connaught when i send the cca request?

Acknowledge nothing to connaught.

They breached OFT guidlines SERIOUSLY when serving the other SD:

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

Request their formal complaints procedure and make a complaint. I know it's a long time, but you have only just been made aware of the serious nature of the breach and your rights. It may well pull them off you too

ok so i just send the cca to them?do i also ask in a letter for their formal complaints procedure at this time when i send the cca letter.?

I have found the two letters for court on here do i still need to send these?

You request thier complaints procedure in a separate letter, remember don't sign anything

You have to go to the county court in person with the SD set aside forms.

thanks again.i am sending the cca tomorrow recorded delivery.i will send another letter asking for complaints procedure separately.

once agin i want to confirm that i do not need to respnd to the chap who sent the sd and has said that i must reply to them within 21 days to acknowledge receipt of this?

You deal with the court for the SD set aside you don't have to confirm anything with connaught at all. The court will notify them you're applying to get it set aside etc...

How can the issue a SD when you are in a payment plan.

You want to demand in your set aside that they are brought to Court and anserable to these threaterning SD.

HAK