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Connaught Collections Bankruptcy Help


David963
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I have been served with a statutory demand under the insolvency act.

 

Going back to the beginning, i had a loan with a company, fell behind and they started really hassling me when i was at my lowest, having found this site i sent them a CCA request in November 2006, they did not reply and i heard nothing for ages until i got a letter from Connaught Collections.

 

I sent them a letter pointing out that as a copy of any agreement had not be produced and stated that i had orginal letters and proof of receipt etc.

 

I heard nothing more other than the occasional letter saying pay up, then today i get this demand, it isnt go to court for a CCJ they want to make me bankrupt, unless i secure the debt to their satisfaction.

 

I apparently have 18 days to reply or ask for it to be set aside and i am starting to panic, i cannot pay it and am just in the process of starting a new business with family and would be a director and hopefully make enough to clear my debts, this would seriously damage any plans that i have.

 

It was an unsecured loan and the outstanding amount is £2352.

 

Please help, it was my debt i dont want to make it secured or be made bankrupt.

 

David

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have been served with a statutory demand under the insolvency act.

 

Going back to the beginning, i had a loan with a company, fell behind and they started really hassling me when i was at my lowest, having found this site i sent them a CCA request in November 2006, they did not reply and i heard nothing for ages until i got a letter from Connaught Collections.

 

I sent them a letter pointing out that as a copy of any agreement had not be produced and stated that i had orginal letters and proof of receipt etc.

 

I heard nothing more other than the occasional letter saying pay up, then today i get this demand, it isnt go to court for a CCJ they want to make me bankrupt, unless i secure the debt to their satisfaction.

 

I apparently have 18 days to reply or ask for it to be set aside and i am starting to panic, i cannot pay it and am just in the process of starting a new business with family and would be a director and hopefully make enough to clear my debts, this would seriously damage any plans that i have.

 

It was an unsecured loan and the outstanding amount is £2352.

 

Please help, it was my debt i dont want to make it secured or be made bankrupt.

 

Also guy that dropped this off said it came from the court and that he was a court official?

David

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Guest grizzleguts

File a court case for non compliance of the CCA request, as you would have read, it is a legal request.

If they get a court date, Pm a mod and get the advice on filling out a N244 form, asking for the case to be set aside, whilst you wait for the CCA, because if it doesn't come, they cannot enforce the debt through a court, it is my guess, they do not have the original Credit agreement, and they are trying to scare you into putting a charge on your property.

Chase the original CCa, even if you have to go to court.

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Hi David

 

I have just read your post concerning the SD issued by Connaught.

 

A similar thing happened to me last year and I was clueless as of what to do, but with alot of help from the kind people on here I went through the whole process of setting aside the SD.

 

I know it seems terrifying at first but once you recover from the initial shock and take stock of the situation and start the process of setting aside the SD you will find it is not to difficult to get a set aside.

 

The general concensus of opinion is never ignore a SD but get it set aside. This costs nothing to do but will give you peace of mind.

 

Have a read of my situation here.....

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/113335-urgent-advice-needed-statutory.html

 

If you have any questions or need advice just ask and someone will answer you.

 

Regards

 

Santos

Springfield

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Your cca request put the debt in dispute, they have at no point complied with your request and you have informed connaught of that, as they have not complied the debt is unenforceable by legal action, my feeling is that you should have the demand set aside asap, visit your local court and obtain forms 6.4 and 6.5 (iirc) get them filled out and affidavit sworn and filed at the court, attend the hearing of the set aside when it comes round as its important to be there should the judge have any questions

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David:

Please try & relax although i know its easier said than done.

These DCA's threaten all sorts of things, of which it very rarely happens.

It would certainly cost them money to go through the process of taking you to court - so its not in their best interests really.

You are the one that has all the rights - these clowns have none whatsoever & their letters are designed to intimidate and bully you into paying up asap.

The very worst that can happen you is an appearance in a county court of which you are not on trial & it gets decided in an office type room how much u can pay off the debt once all u outgoings are taken into account.

You can just pay £1 per month if need be & the DCA is powerless to say/do otherwise.

But thats all hypothetical anyway if it comes to that - which i doubt :rolleyes:

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David. You must respond to this SD. Have a read of this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/108949-short-warning-thread.html

 

Its very easy to apply to have one set aside and costs nothing. You have excellent grounds to apply to get it set aside as they have not complied with your CCA request. There are numerous threads about CONnaught and SDs. I would advise you have a good read of them first and then ask a few questions. Remember you have 18 days to respond.

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i would check this IS a valid SD.

dca's have a nasty habit of producing fake lookalike docs.

it should have the court stamp on it.

ring the court and check.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i would check this IS a valid SD.

dca's have a nasty habit of producing fake lookalike docs.

it should have the court stamp on it.

ring the court and check.

 

dx

 

 

No stamp, it does mention the local court though.

 

I thought that they did not need to go to court to produce this document or have i misread a thread?

 

David

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got me doubting now.....:o

no you could be correct, me like you , might have mis sed a thread then. :confused:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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David they do not need to go through the Court To issue this.

 

Do not contact the DCA to tell them you are applying to have this set aside.

 

Contact your court and call in and fill out the forms for a set aside. The Court will inform the DCA. Most DCAs send these out like confetti and hope that you will not defend them or apply for a set aside. Report them to TS for non compliance with your CCA

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David they do not need to go through the Court To issue this.

 

Do not contact the DCA to tell them you are applying to have this set aside.

 

Contact your court and call in and fill out the forms for a set aside. The Court will inform the DCA. Most DCAs send these out like confetti and hope that you will not defend them or apply for a set aside. Report them to TS for non compliance with your CCA

 

 

Many thanks, i know that i have 18 days as of last night (is that day 1?), but i will do this asap

 

David

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David they do not need to go through the Court To issue this.

 

Do not contact the DCA to tell them you are applying to have this set aside.

 

Contact your court and call in and fill out the forms for a set aside. The Court will inform the DCA. Most DCAs send these out like confetti and hope that you will not defend them or apply for a set aside. Report them to TS for non compliance with your CCA

 

 

Hi David

 

With regards to above here are the two forms you need.

 

Form 6.4 Application to Set Aside Statutory Demand England & Wales pdf.gif England & Walesword.gif

Form 6.5 Affidavit in Support of Application to Set Aside Statutory Demand England & Wales pdf.gif England & Walesword.gif

 

 

 

 

 

The affidavit can be sworn in at the court when you drop the two forms off.

 

Regards

 

Santos

Springfield

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Going back to the beginning, i had a loan with a company, fell behind and they started really hassling me

There will be charges on the account then too. Have you sent a SAR to the OC or just the CCA request?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Forgot to ask, have you ever recieved a default notice on this account or a Notice of Assignment from the loan company informing you that Connaught are now dealing with this account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Forgot to ask, have you ever recieved a default notice on this account or a Notice of Assignment from the loan company informing you that Connaught are now dealing with this account?

 

 

To be honest i am not sure about the default, however no notice of assisgnment, i understand that Connaught are the inhouse DCA for 1st credit?

 

David

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David963,

 

Be of good cheer me owd. Yesterday Loving Spouse and I attended at our local County Court and got a Statutory Demand from Lowell set aside. It can be done, and by the way there is no charge for swearing the Affidavit at court; it's done at the court office and is quite informal.

 

I am sure you are getting all the help and support you need from others on this website, but every little helps, as they say.

 

By the way, I am not a lawyer, just someone with a few qualifications in law and legal practice and a few years' practical experience of battling it out on our own account.

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Yep SD's are normally very straightforward to get set aside providing there is some sort of legitimate dispute over the account. Barrackroomlawyer did you ask the judge for costs?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Here's a couple of links to other threads that might be useful: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/101859-dcas-who-send-out.html

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/129276-1st-credit-statutory-demand.html

They say that you have 18 days to apply for a set aside order otherwise they can start the ball rolling to make you bankrupt. Even if it's a scare tactic, it costs nothing to do the set-aside process, the threads say that you should always do this rather than take the risk

 

Grumpy

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HI All,

 

I am not a great wordsmith and would like some assistance if possible in filling out the reasons on the 6.4 & 6.5 statutory demand set aside forms.

 

I got one of the SD from Connaught despite CCA to 1st credit in November 2006 (never got anything back) and telling Connaught in March 2007 that debt was in dispute due to lack of agreement i have the recorded delivery slip from the letter to connaught with original copy but cannot find the one to 1st credit it was attached to a copy of the delivery slip from royal mail but have been moving so much stuff around and now cannot lay hands on it. i do have copies of all letters.

 

Could anyone please help with what i put on these forms as i dont want to screw up on a technicality of badly completed form.

 

Thanks

 

David

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David, you will have to have a close read here and edit as suitable...

4.1 I believe there are no properly executed signed Consumer Credit Agreements, If they had been able to supply these agreements then they would have done already to avoid committing an offence under section 78 (1) of the Consumer Credit Act

4.2 Under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of signed consumer credit agreements was sent to xxxxx. via guaranteed delivery on the (date) – to date they have not sent any copies of any Consumer Credit Agreements and have committed an offence under section 78 (1) – (see attached documents labelled 1)

4.3 Also sent under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of any signed Consumer Credit Agreements was sent to xxxxx via guaranteed delivery on the (date) to date they have not sent any copies of any Consumer Credit Agreements and have committed an offence under section 78 (1) – (see attached documents labelled 2)

SECTION 78 (1) CONSUMER CREDIT ACT

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

The Consumer Credit Act in section 78(6) States that

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

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I did get an application form back and used this on mine - it may be of a little help?

 

I am seeking a set-aside of the Statutory Demand, on the basis that the alleged debt is disputed. I sent a request to the Claimant on (insert date) by special delivery, under section 78 of the Consumer Credit Act 1974, for a copy of a credit agreement that the purported debt refers to. I received a reply from the Claimant's Solicitor on (insert date) in which they state a copy of the alleged agreement was enclosed. The document furnished on behalf of the Claimant, is a copy of an application form, it is not a credit agreement, as it does not contain any prescribed terms, which it must possess to be enforceable. The Court is therefore precluded from enforcing such a document under section 127(3) of the Consumer Credit Act.

 

For the reasons detailed, I would respectfully like to ask for the Statutory Demand to be set-aside.

 

I would also ask the Court to make a costs order against the Claimant, for issuing the Statutory Demand, which is an abuse of the Court's time.

 

Bennieee

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