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Statutory Demand - Connaught Collections


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Hi,

 

Put full details on my thread, but thought I would just update you.

 

The other side did not turn up, and the SD was set aside (was only in the court for 5 minutes).

 

You are in very good hands with the people on this site, I would not have got through it without them.

 

Good luck, I will be following your thread to see how you are getting on.

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Does that mean they can't pursue the debt any more?

 

I believe if a debt is statute barred, it cannot be collected. Hopefully, someone will be along soon to confirm this. :D

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I believe if a debt is statute barred, it cannot be collected. Hopefully, someone will be along soon to confirm this. :D

 

sorry, I did not realise this one might be statute-barred - if it was not though, and was set aside, or like in my case, they have decided to withdraw their Stat Demand, what other options are open to them... can they bring a normal county court claim for example, or do they have to cease all collection attempts?? I really need someone to confirm this either way... cheers

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sorry, I did not realise this one might be statute-barred - if it was not though, and was set aside, or like in my case, they have decided to withdraw their Stat Demand, what other options are open to them... can they bring a normal county court claim for example, or do they have to cease all collection attempts?? I really need someone to confirm this either way... cheers

 

Undercover, it will probably be best if you were to start your own thread and people can answer your particular questions there. It gets a bit muddled if you are using someone elses thread.

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  • 2 weeks later...

Just a brief update.

 

Received a letter from Connaught this morning stating that they have written to the court to advise that they are willing to withdraw the SD on the grounds that it's a disputed matter (no mention of the fact that it's statute barred!). They also stated it's not their intention to attend the hearing. They have closed the file and returned it to 1st Credit, who they say are the assignees of the debt (no notification received of such by me). They claim that they and 1st Credit were not aware the debt was in dispute.

 

Does anyone know if the court will cancel my hearing on the basis that Connaught won't be attending and are willing to withdraw the SD?

 

I want to attend court and have it set aside, since the process has been started, plus I want to claim my costs. Plus, I don't trust this company, or 1st Credit who will now no doubt simply try to sell the debt on elsewhere. I want confirmation that the debt is statute barred - do I ask 1st Credit to provide me with any proof at this stage, or wait until after the hearing (in a couple of weeks)?

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GO FOR IT...attend the hearing and claim your costs....they say they are 'willing'....they haven't actually said 'we have withdrawn'.....for all the stress and worry they have caused you I would go...just imagine if you hadn't have fought this ? precursor to a forced bankruptcy ?...and you know what Elevatorfour.....in all this time I bet all you have had is a letter saying 'YOU OWE US THIS !!!'....

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Once this is over....complain, complain, complain...TS, OFT...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

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If they don't pay you can apply to the court to enforce the costs order ;)

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  • 2 weeks later...

SD was set aside today. Unfortunately, due to problems with traffic in central London, I was late for my 15 minute slot and arrived after the judgment was made. I didn't get costs, which annoys me as I have had to go into town twice over this nonsense.

 

Oh well...at least the SD was set aside.

 

Connaught said they'd referred the matter back to 1st Credit, so is there something I should do now? I am now certain that the debt is statute barred, so it's not as if any of them can do a thing about it now - however, I don't want to have to keep dealing with this repeatedly when they sell it on to another DCA.

 

Cheers to everyone for their help!

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