I'm in a real mess and badly need some help

[sosumi]

No, don't phone them Jeffo - not ever!

I don't think there is a Judge in the land who would allow you to be made bankrupt!! Not a chance!

I hope and think that 1st Credit will get nothing but punishment from all the statutory and regulatory bodies for producing such a ludicrous document!

[rory32]

I see on the letter it says to phone them if I think I have grounds to set aside the demand.

Reading some of your posts and others on the forum I don't think I will be phoning anyone, least of all someone who will want to give me any more grief.

 

Everything you do from now on when dealing with this company you must do in writing. Phone calls can be denied and as you have correctly judged their sole purpose would be to give you a hard time if you were to phone them.

[Laydee Danielle]

First thing to do is try to calm down. Connaught Collections issue statutory demands like confetti and really they are fairly straightforward to set aside.

 

Tell me about it, ive dealt with 2 today, these people make me so angry, if only they could see the panic and upset they cause people!

[rory32]

My home is rented so they can't have that, I have no money so I can't bring down the debt to below £750 and like I said the only money I personally get is £23.74pw they can have that if they want,

They wouldn't even get that as that money would be for your living expenses. Making you bankrupt costs about £1K. So is only worth doing if you have assets - which you don't.

[sosumi]

Okay all the big guns are on your case now Jeffo! xx

[sosumi]

- in a few days you'll feel completely differently about this, I promise!

Well done for posting.

 

sosumi xx

[pj41]

Hi Jeffo,

 

Ok - Ok so I said within 24 hours for some help.

 

The cavalry arrive in less than two!!

 

Best of luck to you and your wife.

 

I'll keep an eye on your post to see how you get on.

 

 

Cheers

 

 

Paul

[Jeffo_01]

My God I can't keep up with you guy's, I put the wife in the bath, come back and loads of replys, I posted a couple of replys back, go and get the wife out the bath and another hundred replys, phew!, can you lot come into court with me, I think they would throw me out on the grounds of confusion lol.

 

I couldn't find my replys that I posted? I didn't realise it was on another page, so please bear with me, still trying to find my way around.

 

I just looked for the link to the letter Form 6.1 Rule 6.1 Statutory demand under section 268 Bla Bla Bla?

I seem to remember and I think it was your post Rory32 that gave a link to the letter that was identical to the one I had this morning.

 

I'll sit hear when I've put the wife to bed and have a dam good read, looks like a late night for me? but well worth it after all the effort you have all put in to help me.

 

Before we go any further can I just say one hell of a big thank you to each and every one of you, I would love to say thank you to each individually but I'm sure it would fill the forum server up. you have at least tonight put my mind at rest for a while.

 

THANK YOU EVERYONE and I mean that from the bottom of my heart.

[sosumi]

Keep posting as and when Jeffo - try and get a good night's sleep though! It will all be okay with the help here, I'm sure of it. Well done

[Jeffo_01]

I don't know if this makes any difference to my case, but I was just putting the wife to bed and during a conversation with her, I just mentioned to her I had been on the experien credit report site (I think thats what its called I see it advertised on my Yahoo email account)

 

I told her this little lie because while reading through some of the letters, I was begining to think that the loan I had, was well over 2 years old, so I sat thinking what I could say to the wife.

 

She told me that this debt was over six years ago, I'm sorry for any confusion but I can't remember what I did yesterday let aloan this long ago, I can't even recall getting any letters from them but I'm not 100% sure, I have a very poor memory.

 

Is there anything I can do before my options run out to find out when this loan was originally taken out and where I stand with it?

[mr.ton]

Hi Everyone

My wife is registered disabled and I spend 24/7 taking care of her needs, for this work the government pays me £23.74pw....16p per hour.

Now I would do it for free but I now take what I am entitled to, I've paid all my tax's over the years and never been on the dole.

This is the only money I actually get, my wife claims DLA, and incapacity benefit and this is all we have to live on.

I'm now at witts end and keeping this from my wife is killing me.

Is there anything I can do to get my self out of this mess.

I do really appreciate any help from anyone.

Kindest regards to you all

Jeffo_01

 

People like you should be paid a million pound a week by this government - but they are too rotten of course

Are you sure you are getting everything u r entitled to coz £23.74 per week doesnt sound right to me at all

It would be pointless to make someone like you bankrupt as the court will still have to make sure that you have money to pay all ur essential outgoings & would proberbly end up ordering a repayment of £1 per month or something in ur case.

Dont forget that a DCA's bark is bigger than its bite & they threaten all sorts that never actually happens

If the loan was before May6th 2002 then it would be statute barred anyway.

[rory32]

If the loan was before May6th 2002 then it would be statute barred anyway.

No it wouldn't be mr ton. If the cause of action on the loan was before May 6th 2002 and no other subsequent acknowledgement was made then it would be statute barred.

[mr.ton]

No it wouldn't be mr ton. If the cause of action on the loan was before May 6th 2002 and no other subsequent acknowledgement was made then it would be statute barred.

 

Thats what i meant to say...if no acknowledgement had been made of it in that time

[minichedda]

subscribing... wow you guys on here are great. Jeffo am looking forward to seeing how you get on - we're rooting for you. I was really scared too of debt collections, threats of people coming to the door, court action etc. Similarly had nobody to talk to.

 

This site is more than a chat site - the work these guys do to support everyone is vital.

 

:)

[banker_rhymes_with]

Hello Jeffo 01!

 

Just a quick one...but I would think your Wife should be getting Department of Work and Pensions Attendance Allowance (DWP-AA). Once she gets that for 24x7 Care, then you can then Claim Carer's Allowance (DWP-CA).

 

A Senior Member of my Family is pretty ill, and they get about 67.00 a week, and another member of my family nominated as the Carer gets around 50.00 a week.

 

There are quite a few Forms to fill in, but I think you can download them from the Web, and can Fax or post them back. Your Wife's Doctor would help to complete any of the medical parts I'm sure.

 

Sorry if you have already looked into this, but I think you should be able to get more money per Week between you.

 

If the alleged Debt is +6 Years Old and Statute Barred as well, then visiting CAG could prove to have been an excellent move!

 

Hope this helps.

 

Cheers,

BRW

[Jeffo_01]

Thanks for those reply's guy's, I'll just go back to the way things were rather than confuse the issue any further.

 

I wouldn't want a million pounds a week, because somewhere along the lines they get us for over payment.

I think were getting all were entitled to for DLA and incapacity benefit, were frightened to ask or check for any more because friends of ours were put in a bad situation when they were over paid, I think they had to pay a couple of thousand pounds back and if we ever got into that situation I don't know what we would do.

 

I've read a lot tonight and I'm getting tired and confused, so I'm off to bed and will look in again in the morning.

Once again you guy's have been fantastic and I really do thank you all.

Bless you all.

[rory32]

Just take your time over this (I know there is a lot to take on board at the moment in terms of information) and if there is anything you don't understand just ask. We are all here to help.

[dropit]

hi Jeffo,

My oh was sent a stat demand a few months ago, we were really scared and thats when I started reading this forum (saved my life!). I found out that the dca's very often do not serve these correctly and my oh's was sent second class post, so when they called on the phone my oh called their bluff and said he had been in touch with the court & they knew nothing about it, they then started back peddling and since then I have sent a cca letter and have heard nothing since.

Hope this helps you decide on your next course of action & very good luck.

[Jeffo_01]

Sorry for my delay in relpying to all you kind people, I did promise to log in this morning but since 3.00am this morning, I have been in hospital when the wife wash rushed in, I returned home about an hour ago, I'm Absolutely shattered.

 

Re-Bankers_Rymes post

Up until a few weeks ago I did recieve £50 pw carers allowance, but when we had help to claim incapacity benefit for my wife, we declared the £50 I got for CA and they classed it as earnings, so they deducted from my £50, so I now just recieve £23.74 the term give it in one hand and take it out with the other springs to mind.

 

Rory32

Thank you Rory I will need a little more advice, like what is the very first step I must take to reply to this letter? I must say you really seem to know what your talking about, and its fantastic to have your advice, many many thanks

 

dropit

Can you tell me what a cca letter is please and is this my first step, I don't want to chance waiting for them to phone me, the way I feel right at this moment I'm likley to give them a piece of my mind, and I don't wish to do that, I have enough problems on my plate without having to deal with these people.

 

Right I'm off to try and burn something for my tea, I'm the only one I know that can burn water.

Thank you my friends your already helping me feel a little better. will call in as soon as possible, if I don't fall asleep in my chair.

 

I

[adamski]

Jeffo your thread has touched me and made me quite angry.

 

Send them this I know that £1 is a hell of a lot to you right now, I know where you are coming from having no money whatsoever and so do hundreds of peeps on here

 

But you must send them this letter as soon as you can the sooner the better.

 

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

It will cost you nearly £3 with the postal order and to send it recorded delivery but you must send it recorded.

This will buy you more time so we can help you more and you have time to think, breathe and learn about how to handle these people

[Jeffo_01]

A million thanks adamski that is a fantasic help to me, if that letter dropped on my door step I would be coming onto this forum looking for you guy's to help me out, I wonder if they will Lol.

 

I will write this letter up tonight and get it posted tomorrow, I get my £23 tomorrow Yipeeee!, its just a shame the gorvernment can't get prosecuted for paying below the minimum wage, do as I say not as I do is there policy.

 

Thank you all so much, I'll let you all know tomorrow that i have posted it.

Once again I can't thank everyone enough who has replied and for all your kind help, I will keep you all up-todate on my progress.

 

Thank you all. ;-) (hey, I just leart how to put a little picture up, I must be getting good Lol)

[Jeffo_01]

I just copied it into word, I put my name and address at the top and dated it.

Do I need to sign it at the bottom or can I just leave it as is, so to speak?

 

I just noticed the date on the letter and its dated 25/04/2008 they must like to make it late for you to reply to them for some reason.

 

Do I put Connaught on the Postal Order and do I cross it, sorry for so many questions?

Edited May 7, 2008 by Jeffo_01

[rory32]

You should never sign letters to DCA's. It's very easy, if you wanted to, to copy and paste a signature onto a credit agreement and hey presto we have a copy of your credit agreement. There is no legal requirement to sign letters so just print your name rather than sign it.

 

If you could at some point answer the questions that I asked last night then that will help when we write your set aside application - there's no great rush as you have 18 days from service (service is when you received the SD) to apply to set it aside. You should also claim costs for your set aside for your time. A litigant in person gets £9.25 p/hr, so you should actually make a little bit of money out of this.

[rory32]

Oh, just to add to the letter. You also need to ask for a statement of account as well.

[louise1111]

hello Jeffo

just wanted to add that someone i know gets carers allowance and has just this week been awarded income support too. You should check you are getting all you are entitled to as £23 a week is a ridiculous amount to live on