Stat Demand From Connaught Collections Uk Limited

[mh1234]

On the 18th September I received a Form 6.1. Statutory Demand from Connaught. What worries me is that the form is dated the 12th Sept. and I didn't receive it until the 18th, 6 days later! It was sent to me by "interlink express expresspak1" Could someone please advise me on my next move? I have spent the last week reading the posts on this forum and doing a lot of thinking. The debt is for approx 10K. I just read a post today that said they had actually inforced one of these things. I think I have another 3 days left to respond if it was dated the 12th, even though I didn't receive it til the 18th!!!

[PI Guy]

the 18 days start from when it was served not the date on the stat demand. you should didpute the debt if in fact its is in dispute of course

[42man]

Firstly MH you have to do something about it.......don't ignore it....fill this in ASAP...

 

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

Have you sent off a CCA request ??

[Curlyben]

Have a good read of this: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112326-debt-collection-agencies-statutory.html

[mh1234]

Thanks guys, much appreciated!!! I have my doubts re the debt. it mentions an Abbey Card, credit card me thinks??? I have never had a credit card with Abbey, I have had a loan though. I have a day off work tomorrow, should I take "Form 6.4" to the court in the morning and ask for it to be set aside? I am disputing the debt until they can prove it's mine, ie. I want to see my signature on the loan agreement. Tell me, what does setting aside do and will it cost me ££££ at the court?

[42man]

You will need to get the CCA's off to them and include (the fact that you are not their debtor) that in your set aside form.....Hopefully someone will be along soon to give you some more detail....might be worthwhile looking at some of the other threads....

[mh1234]

Do I need to get the CCA's before going to the Court and submitting Form 6.4?

[42man]

immediately....like today..

[mh1234]

Thanks guys, bare with me I'm pretty new to all this. Can I send a cheque for £1 for the CCA or does it have to be a postal order?

[42man]

Don't send a cheque, (send a postal order) some debt collection agencies have been known to 'cut and paste' your signature...and DON'T hand sign the letter - and mark at the top in capital letters 'I DO NOT ACKNOWLEDGE THIS DEBT' send it via recorded or guaranteed delivery....also send a SAR to the original creditor as there are likely to be some excessive charges......also how long ago did you have this account is there a chance it may be statute barred ??

[mh1234]

I'm not saying the debts not mine, but I ordered a credit report a while back and there was some pretty interesting stuff on it. Someone had tried taking credit out in my name on several occasions. What I'm trying to do now is establish if this is mine or not. Now say the debt is mine and I could lay my hands on a few quid, but not the whole lot. Would they be open to settling at a lesser figure?

[42man]

How old is the debt ?.....it might be too late to make them an offer....

[PI Guy]

I'm not saying the debts not mine, but I ordered a credit report a while back and there was some pretty interesting stuff on it. Someone had tried taking credit out in my name on several occasions. What I'm trying to do now is establish if this is mine or not. Now say the debt is mine and I could lay my hands on a few quid, but not the whole lot. Would they be open to settling at a lesser figure?

if you pay enough of it to make the debt less than £750, they can't proceed with bankruptcy

[42man]

The CCA is the defining article BUT if they do have the CCA, there are further questions to ask ? will it be an application form ? does it have the prescribed terms and conditions on it ?.....

[mh1234]

It's 6-9 years old maybe?

[Curlyben]

When was the last time you acknowledged this debt in WRITING or by PAYMENT, as it may well be statute Barred and therefore UNENFORCEABLE !!

[42man]

If you have not made any payment NOR have you acknowledged the debt in writing then after 6 years it becomes STATUTE BARRED....

[mh1234]

To be honest I can't tell you the last time a payment was made. I had an arrangement with Baines & Ernst who took on all my debts. I broke the arrangement due to not being able to afford it. I think the last time I payed them was between 5 and 6 years ago. I'm not relying too much on Statute barred. So I get the CCA first then proceed with Form 6.4 to court? Should I ask for CCA's from Connaught & 1st credit or just the one to Connaught?

[mh1234]

Tell me, am I right in thinking that as long as I make contact with Connaught within 18 days they won't proceed with bankruptcy proceedings, or I have 18 days to have it set aside?

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[sequenci]

Hello there.

 

Please can you make an official complaint to The FOS and The OFT about Connaught/1st Credit and their actions. We would all appreciate it.

[42man]

Send them to both.....and as far as the form goes then if you can find out as to when you made your last payment to them, then it might be worth stating in the set aside that you think the debt is statute barred....it is up to them to prove it is not.....the CCA should be part of your defence also....

[mh1234]

Curlyben, thanks for that. This is what I imagined I was entitled to do. Just needed to confirm. I have completed letter N already and just need to sort out the postal order. Will they still push ahead with the bankruptcy even though I am waiting for the CCA?

[mh1234]

Should I still get myself down the Court with the completed Form 6.4 in the morning even though I am waiting on the CCA's?

[Curlyben]

Just send CCA for now, there is enough time for their response before you need to go to court.