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thewardrobe

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  1. Well then I would deffo send out CCA to the DCA and see if they can actually enforce anything and then send SAR to the bank and see what they have for you. Send them all recorded 1st class and DO NOT SIGN only print your name! CCA needs £1 postal order with it and the SAR needs £10 postal order.
  2. Hi there - well I received my Stat Demand and sobbed my heart out then I looked around the internet - found CAG and now feel soo much better about it.. I've read that the Stat Demand is usually a threat (99% don't go onto to bankruptcy - it simply costs them too much, around £1100 and even then they aren't guaranteed to get a penny back from you!). But even so its worth showing them that you're not afraid of them by answering back so to speak - armed with the knowledge and advice you can glean from CAG you'll be more informed that them!! I received my stat demand and then 2 days later sent out the CCA - so I'm now waiting to hear from them - I'm giving them as many days as possible to give a reaction and then I'll file my set aside hopefully saying that they haven't replied to my CCA request. Call your nearest court which deals with bankruptcy to check when its possible to swear the affidavit - some do it all day everyday but some have scheduled spots during certain days so this my decide for you the latest you can file your set aside application if that makes sense. Does the debt you have include charges etc? Is it a credit card balance? Try not to let this get you down! x
  3. Hi there - I'm in a very similar situation to you - you can read my story so far here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152479-help-needed-stat-demand.html I've been told its 18 days from receipt (although mine was sent 2nd class post so they have no proof when/if I have received it!). You can send the SAR and CCA with the 'I DO NOT ACKNOWLEDGE...' starting line which you'll find with the template which are on the site. Sorry I can't be more helpful but I'm sure somebody will come along soon with some excellent words of wisdom for you!
  4. Thanks for all your help guys! Does anyone have any suggestions to help me fill in the affidavit - I would like to say something along the following lines (however I'm waiting as long as poss to try and get response from 1st credit re my cca request)... "(1)I do not admit the debt as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines. The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues. My request under s78 of the Consumer Credit Act 1974 was sent to 1st Credit on 22nd July 2008 by recorded delivery, and also on the same date to Connaught collections UK Ltd, the debt collection agency who claim to be dealing with the alleged agreement and have raised the statutory demand. The both request were received and signed for on the 23rd July 2008. At this present date Connaught Collections UK Ltd and 1st Credit have had …………..working days to comply with the request made, and are therefore in default as stated above. Further, I believe that the amount of £.......... referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Connaught collections UK ltd nor ST Credit (finance) Ltd have not provided further information regarding the charges they have added to the account and still have not provided a statement of account (as requested under s78 CCA 1974)."
  5. Ok just spotted something which I need help with on this Stat Demand - In the particulars of Debt it says that the debt was assigned by OC to 1st Credit 19/01/2005 - well I have letters around April 2006 from the OC saying they intend to file default notice and then another acknowledging my letters re my financial difficulties.. So what I'm trying to say is that according to the stat demand ie 1st credit the debt was assigned to them 16 months before the OC even 'intended' to default me? Does anyone have any reason why that might be? Or is it another thing I can use against them for the set aside?
  6. My stat demand is dated 11/7 - is it 18 working days or 18 days to set aside?
  7. GaryH - wonder if you'd mind taking a look at my thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152479-help-needed-stat-demand.html I'm about to fill in the set aside papers and I'm not sure what to write on the affidavit? Have you any suggestions? Everyone's help with this is fantastic - I can't say how gratefull I am for stumbling across this site!
  8. Thanks BabyBear! I've started a thread of their last night but as yet no-one's replied.... hopefully someone will do soon! Has anyone else who has already been thru the stat demand process any words of advice that I can use for my affidavit?
  9. Wondered if anyone can help me with this - here's my original posts - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152479-help-needed-stat-demand.html I'm not sure how to write my defence for the affidavit - any suggestions would be gratefully received. Basically I've sent off CCA today and the forms for the set aside should arrive tomorrow and I want to get them filled in and sworn asap. Any help is very very gratefully received! This forum truly is a life saver!
  10. Thanks for that BabyBear - your help is so appreciated! What would you say I put on the affidavit as to my reasons for getting it set aside? You kindly put earlier for me that 'The grounds are that the debt is not proved and the balance is not correct due to charges etc...' but how do I express that in 'legal' language? Again sorry for all my questions! But you really are a God send to me!
  11. I'm interested to know what percentage of people receive an enforcable CCA from any of the DCA when they ask for one? I've sent one off today to 1st Credit and curious how others who have already gone thru the process got on?
  12. Well I've now spoken to my local court and they're sending the forms and info for me to go and do the swearing, should come in tomorrow's post.. Today going to send off the CCA and SAR and then we'll take it from there..... Re claiming expenses what is realistic? Can I claim for babysitting/nursery as I doubt they'll want my three year old's valuable input if/when it goes to court? What else can you ask for?
  13. Just started reading your thread as I'm also currently dealing with a Stat Demand from 1st Credit also - mine's also from Mr D Silcock on the same date but guess what- HIS SIGNATURE HAS COMPLETELY CHANGED FROM YOUR STAT DEMAND TO THE ONE HE DID ON MINE!!! Should we ask him to send us a copy of his passport to prove his identity? Lol!!
  14. So now I'm confused - on this site some say do not acknowledge 1st Credit's Stat Demands even with a CCA or SAR as this acknowledges that you've received the demand 'confetti' as they will not enforce them - so what would their action likely to be next? Or if I do do the CCA/SAR approach and then heaven help me they manage to find all the correct paperwork what would happen then? My situation still hasn't altered so would they then sell the debt onto another DCA and the ball starts rolling all over again? Their last letter saying that they were going to send a Stat Demand says 'we are unaware of any valid reason for your non-payment' - which really annoys me as they know I'm not only a single parent widow on benefits but also living with a life limiting illness!
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