Statutory Demand Issued

[BVG]

Hi all,

After some general advice from people who know more about this subject than me.

I have received a Statutory demand under section 268(1)of the Insolvency Act 1986 Form 6.1 etc issued by Connaught Collections.

Firstly I am not sure if its real or just a final bluff from them as the default date on my credit history is showing late summer 2002. The last time I would have acknowledged the debt would have been Feb / March 2002 by way of payment. Hence the defaulted date starting 6 months after this.

Am I correct in saying that?

Is the date defaulted generally 6 ish months after last contact? But the statute barred rule comes into play from the last time you acknowledged the debt?

Saying it’s a real Statutory demand (don’t think it was correctly served, was posted and no attempts made to doorstep call etc) – But say it is real for now, what is the best options for me?

To do nothing, call their bluff and wait for a summons to arrive, go to court and get it set aside on the grounds its statute barred.

Write to them with the letter templates (which template) and ask them to prove the debt is legally enforceable? But surely by doing this I am admitting the debt but am only asking to prove it is legally enforceable, even by heading the letter “I do not acknowledge etc……”

Or do something else???

One last thing, surely on a real Statutory demand, under rule 6.4(2) – They would have to name the court where I could apply to get it set aside? They have just put “YOUR LOCAL COUNTY COURT”

If I turned up at my local County Court, they would know nothing about it, so surely I would need to apply to get it set aside at a court that was dealing with it?

Thanks in advance.

BVG

[slick132]

Hi BVG and welcome to CAG.

 

Who was the original debt with.

 

Do you own or rent your home.

[nicklea]

A statutory demand can be issued by anyone that you owe at least £750 to. It isn't issued by a court, anyone can download the form and send it off to a debtor.

 

It is up to you to get it set aside within 18 days of receiving it. You do this by filling in forms 6.4 and 6.5, swearing the affadavit in front of a court officer and then hand them in to your local court. The court will then set a date for the hearing and you will (hopefully) get it set aside. You do need to do this otherwise they can apply to make you bankrupt 21 days after sending it to you.

 

If you can tell us some more about the alleged debt (loan, credit card etc who it was iwth originally) and what correspondence there has been recently about this debt before getting the stat demand then people here will be able to help

[42man]

OK first things first....it would seem the debt is statute barred (this means you have neither acknowledged or made a payment towards the debt for at least 6 years)....Connaught have a nasty habit of sending these statutory demands, (and do follow them through sometimes)....I would send them this letter back here - letter 'M' from here... http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It might even be worth going to your local court and showing them this - I would also have a chat with your local MP. It is basically an abuse of process and they are using it as a threat to frighten you into paying. However they would have probably looked at the Land Registry to see if you owned your own home....don't ignore it as they do sometimes follow these through...

[BVG]

Hi all, the debt was on a credit card and is for about 9k. The card was with MBNA and it looks to have gone to 1st Credit, hence Connaught getting hold of it. I have since moved and the SD was delivered to an old address but I managed to get hold of it.

I guess it could be said that I have never received it etc...?

No other letters or anything from them in recent years, just this SD by post - Not sure if it was 1st or 2nd class as its got a UK Mail sticker on it, like franking but not.

Yes to home owner but will not be putting that up for security!!!

 

Thanks in advance to you all.

[gni03349]

Late summer 2002... 6 years after that it will be statute barred. It seems like they are trying to get something before late summer 2008, when it WILL become statute barred. Don't worry, it's been a while ago, and since part of the process is to request a true copy of the original agreement, the chance are that they won't be able to provide it. However, don't count on that. Somebody with more knowledge should pop in and give you advice. I'll bump this.

 

Regards

[gni03349]

bump

[nicklea]

Have a read of this post:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

it's very useful. |YIt is up to you to start this process or they can apply to make you bankrupt

[nicklea]

Hi all,

 

Saying it’s a real Statutory demand (don’t think it was correctly served, was posted and no attempts made to doorstep call etc) –

One last thing, surely on a real Statutory demand, under rule 6.4(2) – They would have to name the court where I could apply to get it set aside? They have just put “YOUR LOCAL COUNTY COURT”

If I turned up at my local County Court, they would know nothing about it, so surely I would need to apply to get it set aside at a court that was dealing with it?

Thanks in advance.

BVG

 

Don't worry, when you turn up at court it is you that are starting the court process, the form you got ISN'T a court document - no court process has started yet - but it can be started by them in 21 days if you don't get it set aside.

 

You just need to go to the court, get the affadavit sworn and then hand in all the necessary documents

[nicklea]

Yes to home owner but will not be putting that up for security!!!

 

 

Hi,

 

If you're made bankrupt you won't have a choice - you will lose the house (or your partner will have to buy your share of it from the official receiver)

[BVG]

Hi, I have decided that I want to get the SD Set aside.

What details do I need to put on form 6.4 & 6.5 as to why I want it set aside? Just the fact its statute barred or will I need to sho that I have asked for proof of the debt etc 1st?

 

Also should I send out any other letters, back to MBNA who the card was with in the first place, 1st Credit who 'own' it now and to Connaught Collections?

 

If I should write to them what as I stating, via use of the templates

 

1) Statute barred letter?

2) Request a copy of the credit agreement on which the debt is bassed?

3) SAR - Is this the letter that will show a breakdown of the account?

 

Any thing else I should be doing? All help greatly recieved.

 

BVG

[42man]

BVG have a read in this thread....you can find all the forms here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143995-statutory-demand-vertex-help.html

 

You need to get them sent within 18 days of the date on the stat demand...

[42man]

The S.A.R - (Subject Access Request) request is sent to the original creditor, but also add that you also want any copies of defaults, assignment letters, consumer credit agreements, (you need to send this with £10 and send it recorded) - they have to provide this within 40 days.

 

The CCA request should go to Connaught, again do not hand sign it, send it by recorded...and send it with a £1 postal order.

[BVG]

Thanks for the link.

 

So I should send of the templace letters M & N or just one of these? - And would these go to Connaught who are chasing and iussued the SD or do I send them to 1st Credit or to MBNA ?

 

Also I take it I should sent of the S.A.R. - Would this goto MBNA or 1st Credit? Are they the same company??

 

Plus also fill in forms 6.4 & 6.5 and go to my local court and ask for it to be set aside - But on what grounds? Statute barred / No proof the debt exists ?

 

Thanks for your help 42man.

 

Regards BVG

[slick132]

The SAR - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html - goes to the original creditor with the £10 fee. Take note of 42man's comments in post #13 above.

 

Letter N - http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html - goes to Connaught with the £1.00 fee.

 

Letter M goes to Connaught too, but make this a seperate letter in the same envelope.

 

Keep copies of all your letters and send them by Rec'd Del'y.

 

Go to your local court urgently and deal with the forms Nicklea has mentioned - the court staff should be able to help you with this. At this stage, you believe the debt may be statute barred.

[BVG]

Ok, letters sent away - Thank you all for the help with them.

 

I now need to fill out the 2 forms for the SD to be set aside.

 

I have read GaryH post on how he filled them out etc but like other I would not want to put the incorrect things.

 

Other questions that have been asked in other posts when they have asked this question are as below with the answers that apply to me;

 

1) No contact with Connaught / MBNA in many years, untill the SD arrived by 2nd class post.

2) Own my own home, No or little money in it - On a good day it may just cover this debt.

3) Spoke to MBNA the other day, Very helpfull - They looked back at my account and it was started in 1998 - All ballances showing as zero - Nothing owed to them & they provided all account numbers which I did not have. SAR Sent off.

4) Last payment of debt was early 2002 - No acknoledgemnt since then of debt.

 

Any help greatly recieved, Think I am on day 15 ish so have until Monday to complete - The SD is not datestamped by the post as it was sent 2nd class business post with UKMail so can get away with a day or 2!

[BVG]

Sorry, no just worked it out. It needs to be by tomorrow!!

[slick132]

Hi BVG,

 

You can hopefully fill in the 1st of the forms.

 

The 2nd - I'll try and get help with this for you but it should be kept simple and will rely, I believe, on the debt being Statute Barred. Don't quote me on that though - wait for an expert to advise.

[BVG]

Thanks, have found this site wher you can get the forms in .doc format rather than .pdf - Filling them in is easier in MS Word.

 

England and Wales Forms

 

Help with the reasons to get it set aside are what is needed.

 

Apart from just it Statute barred I would like some other things to make sure it gets set aside. This is because the 6 years should be up by now, or even over by a few months but I cannot be 100% certain, only 99%.

 

By the time it goes to court etc will have added another month or so on to it moving the dates more so in my favour.

 

egards and thanks in dvance, BVG

[rory32]

The 18 days are from service (service is when you received it) of the statutory demand, not from the date on the statutory demand. So you may have a couple of more days than you originally thought.

 

Before entering an application to set aside the statutory demand it is important to know if you have ever received any of the following:

 

A Default Notice.

 

A Notice of Assignment from MBNA informing you that the account has been assigned to 1st Credit.

 

A Letter Before Action informing you that a statutory demand will be issued if you do not make payment on the account.

 

Have you received any of these?

 

Am I correct in saying that?

Is the date defaulted generally 6 ish months after last contact? But the statute barred rule comes into play from the last time you acknowledged the debt?

The 6 years run from the cause of action. So this would be the month that you stopped paying rather than from when you made the last payment.

[BVG]

In answer to your questions Rory32

 

A Default Notice. No

 

A Notice of Assignment from MBNA informing you that the account has been assigned to 1st Credit. No

 

A Letter Before Action informing you that a statutory demand will be issued if you do not make payment on the account. Yes a few weeks before the SD

 

Regards BVG

Edited May 16, 2008 by BVG
spelling

[rory32]

Okay if we start with Form 6.4

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from Connaught) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of Connaught)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

 

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

 

 

What have you put in Form 6.5?

[BVG]

Nothing yet

[rory32]

Okay.

Form 6.5

 

For (a) fill in your name and address and state that you are a litigant in person.

 

For (b)

1. That on (b) (insert date that you received the SD) the statutory demand exhibited hereto and marked 'A' came into my hands

 

For ©

2. that I © Do not admit the debt because the existence/enforceability of the alleged debt is in dispute:

 

The respondent alleges that I am indebted to it to the sum of £xxxx, being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974. It is further alleged that the debt was assigned to the respondent from MBNA. The applicant will say that the statutory demand should be set-aside upon the following grounds;

 

a) I do not acknowledge any debt to the respondent. On x date I formally requested a copy of the credit agreement on the alledged account. The production of a credit agreement is a legal requirement under The Consumer Credit Act. This to date has not been supplied.

 

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

 

c) No default notice has been served in relation to the alleged agreement pursuant to CCA s.88(1). If any default notice had been served then it would have not been accurate due to these charges and consequently defective and invalid.

 

d) No Notice of Assignment has been received passing the right to collect on this alleged debt from MBNA to the respondent. The respondent is put to strict proof that the alleged debt has been properly assigned.

 

e) Furthermore I believe that the serving of a statutory demand, when such clear disputes exist, is an abuse of process and the respondent are vexatious in their litigation.

 

Accordingly, I respectfully request that the statutory demand be struck out or set-aside. Further, I invite the court to make an order of costs in favour of the applicant in respect of the reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

I make this statement with the sworn belief that all facts stated are true.

[nevos]

just subscribing