1st Credit Statutory Demand Recieved

[MrSooty]

Apologies for possible duplication, but this relates to 1st Credit, who have sent me a Statutory Demand (SD) today!

 

I had CCA'd them several weeks ago over an alleged debt with MBNA and also used the telephone harassment letter to stop them calling home regularly - it worked!

 

However, they have now issued the SD with no Court details - you have to phone an 0870 number to get that information - cute huh?!

 

Saw some posts from Rory, who has helped previously, so any help on this would be appreciated...

 

Thanks

[rory32]

I have moved your post to it's own thread. Is the SD for more than 750 pounds? What type of credit is the account e.g. a loan or credit card? Have you ever received a default notice on the account? Have you ever received a Notice of Assignment from MBNA assigning the account to 1st Credit? Did you receive a Letter Before Action?

However, they have now issued the SD with no Court details - you have to phone an 0870 number to get that information

You don't need to phone them - in fact you shouldn't.

[JonCris]

It's an abuse of process to send a SD after you have requested a CCA which by your sending indicates the debt is disputed.

 

I should write back & tell them this pointing out that unless they confirm within 48 hours that they do not intend to petition the court you will have no choice but to issue proceedings forthwith for none compliance with your CCA whilst at the same time drawing their conduct to the attention of the court & requesting costs

[clutchingatstraws]

mrSooty

 

Can you scan and post what they sent as this may be worth a direct complaint to the OFT.

[MrSooty]

Firstly, thanks to Rory for moving the post.

 

The history here, is that this is an MBNA Credit card that has around £8k on it and was defaulted about 4 years ago. Payments were made for the last 3 years of so at £80 per month until I dicsovered CAG....since then, it's been subject to a CCA request, which resulted in a heavily edited extract of an Credit Application form with a signature, which they (1st Credit) asked me to 'verify' or provide a copyof my own signature..

 

I responded to this (Nov 07) by sending a letter to say the CCA does not require me to provide proof of signature and quoting the Data Protection act etc..

 

Then on 23rd January, I recieved a letter from the 'Audit Team' at 1st Credit talking about the possibility of issuing a SD - followed 7 days later by the SD itself!

 

I do keep records of all correspondence and do NOT telephone these people and there is no indication of me ever having received a notice of assignment from MBNA...

 

If you need any more information, please ask - thanks for your help.

[clutchingatstraws]

Is it a form like this that they sent

 

 

If they have it is very important to get it set aside.

 

 

 

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/form6-1.pdf

[MrSooty]

The SD is almost identical to the one you have posted a link to....

 

In terms of getting it 'set aside' - what do I need to do and where does that leave me - in my view, they have yet to fully meet my CCA request, so are they even allowed to take this action if by my CCA request, the debt is obviously in dispute!??

[ODC]

How did they send the SD. First or second class post or was it served by a process server.

[MrSooty]

It arrived via normal mail - but not sure if it was first or second class...

 

The accompanying letter also says -"we regret that you have chosen not to contact us following the recent letter from LCS Solicitors" - news to me, I have NOT had such a letter!!

The last correspondence I received was from the 1st Credit Audit team, dated 23rd Jan 2008 and the SD was dated 30 Jan 2008 - so somebody is clearly in a hurry!!

I presume I need to write back to them, but saying what....???

Thanks to all so far..

[clutchingatstraws]

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.

back to top

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,

vbrep_register("1352624")

[babybear39]

Subscribing...

[MrSooty]

Hi CAS - what a lot of relevant information!

 

Thanks also to Curlyben for a brilliant draft letter - which I think I will be using very soon

 

The only further question I have at this time is relating to the Court - which Court - they don't mention one, so how do I get to forms 6.4 or 6.5 to a Court.....should 1st credit be telling me as they suggest I telephone them ....NOT!!

 

Great response - much appreciated!

[clutchingatstraws]

Phone your local County Court and ask if they deal with SD set aside they are usually very kind and helpful.

 

It is just a matter of swearing an affadavit if you can post it up or tell us what their claim is suggestions as to the reasons for set aside will be posted.

 

Do Not Phone

 

Prepare to make an official complaint to them then the OFT

[MrSooty]

I will see if I can get a copy of their SD scanned and posted here tomorrow, together with the 'edited copy' of their response to my CCA request, which is truly pathetic!!

 

Given that they have never provided me with a copy which includes prescribed terms, surely, they are not permitted to move to this stage in law...?

 

If this IS the case, then this SD stuff must be a 'bluff' and the draft letter you posted will flush out the real position - see if they do have a hand to play!?

 

Plus they have lied about a Solicitors letter...!

 

Would someone mind posting the link to templates for either a suitable complaint letter and one to the OFT - assuming someone has been here before:-)

 

Cheers

 

 

 

 

 

 

Thanks again CAS!

[clutchingatstraws]

"Given that they have never provided me with a copy which includes prescribed terms, surely, they are not permitted to move to this stage in law...?"

 

These people are paid peanuts and aren't the sharpest knives in the box.

 

"If this IS the case, then this SD stuff must be a 'bluff' and the draft letter you posted will flush out the real position - see if they do have a hand to play!?:rolleyes:"

 

SD cost a stamp to send out and a visit to your local court to set aside, I would not second guess these people and dealing with it sends a message that you know what you are doing.

 

They will ignore the letter, they will tell you to forget the SD if you phone and then they will/may petition for bankruptcy without telling you.

 

It is easier just to get it set aside within the 18 days.

 

"Plus they have lied about a Solicitors letter...!"

 

They've lied to you once, they will lie in court allegedly.

 

I will dig around for a suitable letter when you have posted the SD

 

All the best

 

Cas

[MrSensible]

Does the bear ever say anything else except, 'subscribing'?

[Belaflat]

The accompanying letter also says -"we regret that you have chosen not to contact us following the recent letter from LCS Solicitors" - news to me, I have NOT had such a letter!!

 

Well fancy that, I had exactly the same letter as well and in my case after they entered default on a CCA request.

My normal response to a SD served this way is to ignore it but since these clowns have ignored my request and letters saying they are in default, I actually intend to have this one set aside if it means i get to sit in front of Judge and explain how they are in default, have ignored requests, claimed to have sent letters when they have not done so etc etc..the list goes on.

I want to impress upon the Court that 1st credit are Vexatious Litigants and this seems to be the only way i can maybe get through to them.

 

Any pointers on what to put in the set aside forms to convey this message, just imagine if a whole bunch of Caggers who have been on the receiving end of these liars and cheats , manage to sing from the same hymn sheet and fire a great big shot across thier bows.

[sosumi]

Any pointers on what to put in the set aside forms to convey this message, just imagine if a whole bunch of Caggers who have been on the receiving end of these liars and cheats , manage to sing from the same hymn sheet and fire a great big shot across thier bows.

Well said Betaflat.

We had 'dealings' with them too. All the posts I read on here show what these people are - yet somehow their Director is elected President of the CSA!!

[42man]

I was under the impression that a CPR request wasn't available due to the regulations pertaining to stat demands are covered under the insolvency laws ? whereas CCJ's / charging orders are covered under the CPR request for information ? I may be wrong (or it might be worth a try)..!! I would ring your local court and make them aware what 1st Credit are doing also.....they use these stat demands too lightly, but it gives them leverage to go for Bankruptcy so make sure you cover your back just in case, as said above it really is an abuse of process too....

[JonCris]

1st Credit are very well known for doing this - please do as advised don't trust anything they say - they WILL try & lull into a false sense of security by telling you not to worry as they won't be making an apllication but they will

[clutchingatstraws]

Although the CPR request would not be directly relevant to an SD or Insolvency, the documents refered to in it are relevant and useful.

 

They can be quoted as being requested and not supplied as a reason for the SD to be set aside.

 

Some of the companies will write back asking for £10 for the information and treat it like an SAR.

 

If a CCA request had not already been made I would advise that an official request was made at this time making sure that the £1 fee was sent.

 

Never trust them and always cover yourself when you recieve an SD

[MrSooty]

SD document and original CCA response scanned and attached....

 

Date of my original CCA request (signed for proof of delivery) was 28th August 2007 and their response (prescribed terms, what prescribed terms!!??) was dated 25th October 2007 - 2+12+30 =?????? not 58 for sure!!

 

Having checked my growing 1st Credit file, I was advised by MBNA that they had sold the alleged debt to 1st Credit at the end of 2004...

 

Telephone call to local court on Monday, letter to 1st Credit as per CAS/Curlyben by signed for delivery - anything else at this time....?

 

Many thanks!

1stCredit_25Oct07.pdf

1stCredit_30Jan08.pdf

[sosumi]

bumping this for you

[Belaflat]

The letter is exactly the same, word for word as the one I received and like you, no letter had been sent to my by their in house Solicitors.

Unlike you though, although 1st Credit have acknowledged receipt of my CCA request, nothing has been forthcoming apart from further letters attempting to extract money by various means.

[MrSooty]

I have looked through some similar posts involving 1st Credit and noted a very interesting point made by a very well respected CAG member, Curlyben, who sayswith regard to sending a CCA request -

" 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."

 

Well, I am in that position, as I sent my CCA to First Credit on 28th August and they sent me some rubbish documentation in response on 25th Oct - outside the time limit and therefore they have committed 'a summary criminal offence'....

 

Perhaps the art of dealing with an SD here is NOT to acknowledge it, but to counter strike against them - risky business or not?

 

Maybe a call to my local Trading Standards office would be a good start...?