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Connaught Collections Bankruptcy Help


David963
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3 threads merged. Please keep to one thread per topic. This is for your own benefit so that people can follow your progress and offer you relevant advice.

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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application for a set aside is as follows:

 

1. The alledged account is in dispute. You have on x date requested a copy of the credit agreement on the alleged account. The production of a credit agreement is a legal requirement under The Consumer Credit Act. Without a copy of the agreement the alleged account can not be enforced (add the sections from the Act that 42man has quoted).

2. Even if a credit agreement can be produced any amount stated as owing would be disputed due to unlawful charges on the account.

3. I have not received any Notice of Assignment passing this account to 1st Credit. As I have never had an account with 1st Credit I believe they therefore have no legal right to collect on this account.

4. I have received no Letter Before Action. I believe that 1st Credit are using court as a first resort. Furthermore I believe that this is an abuse of process and 1st Credit are vexatious in their litigation.

 

You therefore repectfully ask for the Statutory Demand to be set aside.

 

 

Remember that there is no fee for the set aside. Also request costs. You won't get a lot but it's better than nothing.

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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Thanks for everyones help, am taking the forms to the court on Wednesday morning.

 

I have filled out 6.5 with the kind assistance of those who have posted above, a question about 6.4 though

 

Where it ask for the name and address on whom it should be served (d) am i right in thinking this is the contact that is on the last page of the Stat Demand?

 

Thanks again

 

David

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  • 1 month later...

Firstly many thanks to all of the posters who have helped me to deal with this.

 

 

Just got back from being away and found a letter from the court on the mat.

 

Case was before a judge on 3rd April and was unattended by either party (i had not been informed that it was on or i would have been there, i got a receipt for the paperwork from the court office but no date for the hearing)

 

As Connaught did not attend the order was thrown out.

 

It was from 1st Credit orginally and they never originally provided a copy of the CCA or any transfer docs when they were requested over a year ago.

 

Can they repeat this action further down the line?

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Hi, well done

I got one set aside in October and was told they have to wait 6 months before trying again.

Saying that, I think they would be mighty foolish to try again on the same alleged debt and the courts wouldn't be too pleased.

If they carry on with their threats send a report to The OFT. They won't investigate individual complaints but hold everything on file for future action if enough people complain.

The address is.....

Consumer Credit Fitness Investigations Group

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

Regards

Santos

Springfield

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  • 1 month later...
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