connaught

[romaney]

My partner has recieved two statatory demands from connaught 23/11/07 which we replied to and asked for a breakdown of the debt no reply on that count, we offered £20 per month and they replied by saying they wanted £95 per month out of the question.

they also stated that if payment was not recieved by the 30/12/07 further action would be taken under the insolveny act.

the orginal agreement was with lloyds tsb /1st credit.

what is the best way forward?

[clutchingatstraws]

A question first. Have you sent them a CCA request?

 

 

These (edit) are using a statutory demand as a threat, best grounds for set aside is probably that the amount stated is wrong. This is what i found on google I'm sure there will be more advice to follow

 

Cas

 

 

 

The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.

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What are the time limits to get a statutory demand set aside?

 

An application to set aside must be made with 18 days of the statutory demand being served.

 

What forms must be used to get a statutory demand set aside?

 

Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court.

 

Can the court dismiss an application to set a statutory demand set aside?

 

Yes, if application if there are no reasonable ground to do so.

 

What forms are typically used in the statutory demand process?

1. Form no: 4.1
   Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
   Download Form 4.1.pdf*
   
2. Form no: 6.1
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
   Download Form 6.1.pdf*
   
3. Form no: 6.2
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court
   Download Form 6.2.pdf*

Setting Aside Statutory Demand

If a debtor wishes to set aside a Statutory Demand then he has to make an application to the Court (there is no fee payable). The application must be supported by an Affidavit which sets out the reasons why the debt is disputed.

The grounds of setting aside the Statutory Demand have to be legitimate. If they are not, then the Court may dismiss the application without a hearing.

If the Court does allocate a hearing, both parties will be required to attend the Court and explain to a District Judge why the application should be set aside or otherwise.

Although SD must be taken seriously at all times don't get upset there are a lot of people who will help you here.

 

Set aside forms are here

 

 

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

 

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

 

Which form did they send you?

 

If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside.

 

The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding.

 

It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor, so caution needs to be exercised before using a Statutory Demand.

 

In addition to the CCA I would send the following letter by registered post (Special Delivery if you can afford it) ASAP.

 

Remember keep copies of all you send and all post recipts etc.

 

The letter is one of Curlybens edit out the irrelavent bits to do with the S.A.R - (Subject Access Request)

 

 

 

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[romaney]

Re CCA no i got a postal oder today for £1:00 would like leeter template if possable.

many thanks

[romaney]

We have not asked for a cca but we did request a breakdown of the claim nothing returned.

i have obtained postal order to the value of £1.00 is there a letter template available?

[clutchingatstraws]

Letter N here

 

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

 

 

Start the letter with

 

I do not acknowlege any debt to your company.

 

 

How much approx is the debt?

[clutchingatstraws]

Send it with the Request for information under the civil procedure rules.

 

We need more advice on the SD as this cannot be taken lightly.

 

Can anyone assist?

[romaney]

many thanks I have printed letter and will send tomorrow wedneday recorded delivey

 

total debt £6000

[clutchingatstraws]

Which forms of statutory demand did they send you?

 

How were they delivered?

[petrified]

hi romaney

 

i had dealings with connaught, i ignored 2 stat demands from them and they went for bankruptcy, (this is not meant to frighten you). then i found cag and got great advice on how to deal with them

 

send them a cca as soon as possible,

 

it worked for me they threw it out at court as they could not provide them with the origional sgreement

 

cheers

[romaney]

HI all

re connaught,

asked for cca. GOT A reply today text of letter.

 

we write with regard to the above matter and in particular your resent request for further information.

 

I must advise you that unfortunatly we at connaught collection uk do not hold such details at this office

 

we have therfore closed out files amn returned them to 1st credit (address given)

 

please ensure that all corresponance in regards to this matter is forwarded to thier office...

 

 

i got my postal order back

what next?

[zazen.warrior]

That's almost the same letter I had from Connaught when I CCA'd them in early November last year; I haven't heard anything about that alleged debt since!

 

Needless to say I did not contact 1st Credit.

 

Zazen x

[clutchingatstraws]

Are you paying anything to anyone at the moment?

[romaney]

Not a Bean will not contact 1st credit unless i have to.

[rory32]

Have you applied for the SD's to be set aside yet?

[petrified]

i would do nothing and dont contact first credit.

 

Rory this is for my own knowledge if they dont comply with the cca request then they are in default ( in the given time frames of course) then could they still try to enforce the SD or would that make it worthless because they have not complied to cca request

[rory32]

if they dont comply with the cca request then they are in default ( in the given time frames of course) then could they still try to enforce the SD or would that make it worthless because they have not complied to cca request

If you do nothing they could still enforce it because you didn't raise any objections to the SD and ask for a set aside. They could then petition for your bankruptcy. How likely this is would really depend on your personal circumstances (remember bankruptcy petitions cost money - SD's don't). However it's always less stressful and far easier to set aside an SD than a bankruptcy petition.

[petrified]

cheers for that rory

 

i am still fairly new to all this so thanks again knowledge is power so they say

regards petrified

[clutchingatstraws]

Its time to apply for the set aside its free just phone your local county court to make sure they deal with them, also ask what the procedure is for claiming costs as i've just seen on another thread that costs need to be applied for befoer any set aside hearing.

[babybear39]

Subscribing...

 

Good luck with these *****

[romaney]

will look at the sd now and see what they are asking for then go through the process of set aside. will not contact 1st credit unless they contact us. then decide on next move after consulting thread answers

[romaney]

hi all the two sd they sent have been on form 6.1 23/11/07 03/01/08

 

have i left it too late they did send back my cca request see thread

 

what next?