they have sent me what appears to be statements but i havent gone through them to examine if they are incorrect or if any additional charges have been passed. The papers have been prepared by solicitors for robinson way ltd, Horwich farrelley. Thanks

thanks, last payment made about 4 years ago.

Help/advice required please. Some years ago, i had a credit card with Sainsburys which fell into arrears and a notice of default was served. I then received notification of the transfer to Robinson way who took an aggressive approach. In september 2007 I wrote, asking for a copy of the credit agreement, enclosing my £1.00 payment and 14 days later received a reply stating that this could not be traced and returning my £1.00 In 2008 I received a number of harrassing and threatening calls at my place of work which stopped when I referred the matter to trading standards. On the 1st of July 2012, I received a copy of a document which alleges to be my credit agreement (which i had been advised in 2007 could not be found) and one week later a summons, via the Northampton County Court, in respect of the alleged debt (now over £7k with interest and costs). How should i deal with this matter? Does the failure to provide a CCA within the required time make the debt unenforceable and what steps should i take re the summons? thank you for reading this, hopefully you can help. Regards

its as a result of a court order agreed with the original credit card company ie before the debt was sold to cabot. thanks

im not sure whether this i the right forum ..maybe someone can assist if not. i have a debt on which a ccj was granted sometime ago. The debt has recently been acquired by Cabot Finance and although I have not missed a payment and the debt will be fully cleared within 10 years, Solicitors for Cabot wish to review the payments and have asked me to fill in an income and expenditure form. Do I have to complete this. ..am i legally bound to do so? and surely any changes in payments (which incidentally i cannot afford) would have to be agreed and subject to a court order. Views..comments please. Thanks

thanks, but this doesnt answer my query.

I have a number of ccjs and notices of default on my credit register which date back to 2005 and are due to fall away under the 6 year rule next year. However, these are making it difficult for me to get enployment..as soon as a credit search is undertaken, they are there for all to see.Does anyone have experience of dealing with Lloyds TSB? Will they accept a lesser sum re a ccj and then issue a letter of full satisfaction? If so, any idea of the % I should offer. The same question for BLS collections who have registered a notice of default acting on behalf of Lloyds in respect of missed loan repayments. Can the default be marked as fully satisfied? How does this work?Thanks

Does anyone know of anyone who has actually been made bankrupt by 1st Credit in the face of a stat demand? Im afraid I still dont understand how a demand made by 1st Credit (Guernsey) Ltd can be held as valid when, at the very best, notice of assignmenmt of the alleged debt has only occurred in favour of 1st Credit (Finance) Ltd. If these are different trading companies, surely the claimant HAS to be the same as the one in whose favour the alleged debt has been assigned. Is this notgrounds for having the stat demand set aside in any event? I cannot sue someone for a debt which I have not lent or which has not bene assigned to me. Lastly, im now really confused as to what my friend should include in his application to the court. Can anyone be specific? Thank you

Thank you for your postings, which are of immense help and assistance. Should my friend also report 1st Credit and their practises to the OFT for good measure? Does anyone have a view why the stat demand should have been issued by 1st Crefit Guernsey Ltd whilst assignment of the alleged debt is in favout of 1st Credit Finance Ltd. Are they, in some way, trying to negate the powers of the OFT? Thanks

Lilly thank you for your considered and lengthy opinion. In addition to the application to set aside should my friend also point out to 1st Credit that a) the document was improperly served- not by a process server b) the CCA documentation is not in the prescribed form and c) that the assigment of the alleged debt appears to be in favour of 1st credit (Finance) ltd of reigate whilst the debtor as per the stat demand is 1st credit (Guernsey) ltd of St peter port Guernsey. Thank you.

I have now attached the letter and document received from 1st credit. thanks for your help.

Chronology March 08..letter from Goldfish advising of assignment to 1st Credit (Finance) Ltd March 08..introductory letter from 1st Credit (Finance) Ltd April 08..letter headed "Legal proceedings" from 1st Credit April 08...letter sent not acknowledging debt and requesting credit agreeement. April 08..letter from 1st Credit acknowledging request for Copy agreement April 08 ..letter from LCS threatening legal proceedings May 08..letter from 1st credit introducing DEBT HELP TEAM June 08..letter from 1st Credit stating case had been passed to PRE LEGAL TEAM June 08..letter to 1st Credit stating thet copy agreement still not provided. June 08..acknowledgement letter from 1st Credit June 08..letter from 1st Credit stating they "stll await the copy agreement from our client" August 08..letter from 1st credit providing "an edited copy of the signed agreement". March 09..letter from 1st Credit..PRE LEGAL DEPARTMENT want to discuss the account with you. April 09....letter from 1st Credit "Your home may be at risk". April 09..letter from 1st Credit offering "generous" discount May 09..letter from Connaught Collections UK Ltd..."we have been instructed..." May 09..letter from Connaught "we have been instructed..." May 09..letter from Judge & Priestley.."we have been instructed by Connaught collections.. and offering reduced sum in full and final" June 09..letter from Judge & Priestley requesting contact. June 09..letter from Connaught collections offering 50% discount. September 09..Statutory demand from 1st credit (Guernsey) Ltd. I will post the CCA shortly.. can you provide advice given the above? Does the fact that the edited version of the CCA arrived outside the stated timescale for delivery make the alleged debt unenforceable? Also, the Stat Demand is made by 1st Credit (Guernsey) Ltd, not 1st Credit (Finance) ltd to whom the alleged debt was apparently assigned. Thanks correspondence.pdf

yes, I think he has, ill scan and post this weekend. However what should he do now..should be cca 1st credit or merely disupte the debt, and ask for the stat demand to be set aside? Also, is it worth filing a complaint with the OFT as well as 1st credit's trade body, Credit Services Association. Thanks

My friend tells me he CCA'd a previous firm of agents instructed re this debt and did receive the documentation, but should be cca 1st credit also? Does anyone know if DCA's actually go through with bankruptcy proceedings or is this merely a scare tactic? Surely DCA'a dont actually want to spend any money... any help would be appreciated. Thanks

A friend of mine, with an alleged credit card debt of just over £3000 has received a statutory demand from 1st Credit. I thought I read somewhere that the OFT had applied sanctions to this firm re the use of statutory demands and told them to improve their practises. Please can you advise as to the way forward? Should my friend make a complaint to the OFT? Presumably in the first instance he should write to the court and seek to set the demand aside. Thoughts/advice would be welcome. Thanks

in the 1st instance i sand a SAR to RBS, should i also write to Connaught informing them of the lack of a reply to a credit agreement letter to 1st Credit, the fact that this case has already been to Court and judgment was not obtained? Is there any mechanism which prevents DCA or anyone acquiring a debt in trying to enforce of the matter has already gone to court and judgment not obtained? Do I need to do anything with the Stat Demand at this stage?

I received notification of assignment from RBS to 1st Credit in 2006. I received a letter from Connaught dated 31st March in which they indicated their intention to issue a stat demand. This is the first I had heard of them. The alleged debt is in respect of a credit card. I cant tell if there are any charges to the account but there is a small difference between the amount claimed by RBS on the July 2004 claim form and the stat demand. Should I ask for copy statements? How can 1st Credit/Connaught issue a stat demand given that a request for a copy of the credit agreement was made, and ignored, in 2006? I thought all proceedings were put on hold if the alleged creditor could nto provide a copy of the agreement. Indeed I thought 1st Credit had committed an offence given that the time frame for production had lapsed. I defended the claim on the basis of RBS having contributed to its own losses and provided documentary evidence (correspondence signed by RBS staff) in support. On this basis RBS did not proceed with the claim.

In todays post ive received a statutory demand from a firm called Connaught Collections, the alleged creditor being 1st Credit and the original alleged creditor being RBS. Im surprised to receive this for in 2004 RBS issues procedings through the Northampton County Court which I defended and alleged contributory negligence on the part of RBS (I hold dsmning correspondence from RBS in this regard). The claim did not proceed and there is no judgment. Also, details of the alleged debt do nto appear on my credit file. In 2006, I received a letter from 1st Credit in connection with the alleged debt and, after much correspondence, asked for a copy of my credit agreement for which i paid the appropriate fee. To this day, 1st Credit have not provided this document. my question is what do I do now in connection with the statutory demand which has arrived this morning. Can Connaught chase this alleged debt notwithstanding that it has already been to court AND that 1st credit have not provided a copy of the credit agreement? Does the fact that the alleged debt does not appear on my credot file have any bearing. Advice please. Thanks

sorry..im clearly not being sufficiently precise... In an action against 1st Credit which is based on their negligence, the claimant claims damages on the basis that the defendant owed the claimant a duty of care and that the defendant breached that duty. Now...exactly what can the claim for damages contain? Can it include a monetary claim in respect of my time taken up in investigating the matter and answering/reading copious correspondence and in taking/making telephone calls. .can it include a monetary claim for harrassment.. ..can it include a monetary claim for distress and anxiety? What elements can comprise a claim for damages against 1st Credit in this instance?

apologies, I couldnt find a way to turn it off.... I am commencing an action against 1st Credit for unlawful disclosure under 7th and 4th Data Protection Princlples and a claim for damage and distress under 13. My question is. ..what can I include in my claim for damages.. .my time for the endless correspondence I have received and made. ..the same with phone calls? The anxiety and mental distress I have suffered?.. .can I include a claim for damages for harassment? I just wnat to know what I can do to substantiate my claim for damages.

I have finally lost patience with this firm and have commenced legal action against them for unauthorised disclosure of my financial affairs. I wont bore you with the history but is anyone able to give me some advise as to how I assess the level of damages i should claim, what I should include in my claim (distress/anxiety/harrassment etc) Can I claim for my time in answering endless letters and telephone calls? Can i include a claim for penal damages? any advice would be very helpful. Thanks

Thank you. Ive contacted the Court as you suggested. They have confirmed that the claim is stayed and further that the claimant would be barred from proceeding without paying a further fee. They also said it would need to go before a district judge (another fee) and that as they deal with the solicitors for the claimant repeatedly (and that they are fully aware of the rules) they believed the Judge would take a dim view of the delay in proceeding with the matter and that there was no guarantee that he would allow the case to proceed. Thanks for your help.

Re the defence, I hold correspondence from the claimaint (RBS) providing investment advice. .suggesting I hold my stocks and shares rather than sell and clear a large propertion of the debt at that time (2001). In fact the shares (which they made no attempt to enquire about) fell in value and proved worthless. I claimed contributory negligence. RBS did not proceed with the case, following submission of my defence, but should i make an application to the court (if so which one and how) in order to have the matter terminated.. ..at present I guess its still an open case which could be resurrected at any time. Thanks

Hi, can anyone provide assistance with this query. RBS issued proceedings against me over 3 years ago in connection with a credt card debt, the claim was for over £5,000. I defended the action on a number of basis. I heard nothing .. Recently, Ive received correspondence from a DCA advising that the debt has been sold to them. I telephoned the County Court and have been told that RBS were advised of the course of action they would need to take (following receipt of my defence) if they wished to continue with the action. They did not. Can I apply to have the court proceedings struck out? Can they sell a debt where they have issued proceedings and , in view of the defence, decided not to proceed? Thanks

Thanks for (all) your help. im grateful. How, exactly, would I go about attampting to set the original judgment aside. ..do i need to ask CL Finance to provide copues of statements in order to establish whether there are any "excessive" charges, for im not sure I have all my credit card statements going back that far! Thanks again PS..im more than happy to go to Court and argue my case as to why im not in aposition to make increased payments.