Cannaught Collections - STATUTORY DEMAND - help!

[elsdon.sarah]

so today i have received a Statutory demand from Connaught collections on behalf of 1st credit,

What do i do?

 

its for £1008 to halifax CC

from 2005 ish

 

i have never spoken to 1st credit as burried head in sand and ignored all letters....

 

i don't know what to do...

 

i live in rented accomodation, have no assets at all.

plenty of debts being paid off already...help!

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

DO NOT sign it, but use a handwriting font instead. There are many to be found here: Free Handwriting fonts

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

 

Now as for the SD you will need to get it set aside, but as you have 18 days for this, that give Connartists time to respond.

 

If after 12 working days they don't well you can base your set aside on lack of credit agreement.

 

these people are well known for this underhand tactic.

 

Also have a read through this excellent sticky: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

Edited July 17, 2008 by Curlyben

[elsdon.sarah]

thankyou:)

 

may i just ask.... i am not used to doing things like this and get very nervous, and wondered what i have to do about the demand part?

[42man]

You have to get this set aside or dismissed by the court....take the excellent advice from Curlyben above....do this ASAP....without a valid CCA that MUST include the prescribed terms then the debt is unenforceable, if they can't produce this in 12+2 working days then they are in default of your request and the debt is unenforceable by law....

[elsdon.sarah]

can i handwrite that letter, as have no printer....

 

i could print name instead of sign??

 

thank you

[elsdon.sarah]

and also, if the creditor is listed as 1st credit to who should i address this letter/request for agreement?

could someone let me know about the handwritten question in my post above this one....thanks in advance.

 

I could also use a little advice on what to do about the demand itself and how i get it set aside....

 

what happens if they DO have a copy of the original agreement from halifax?

[42man]

If you don't have access to a printer then yes, handwrite it, and don't sign in your usual way and put 2 lines through it. Send off the CCA request today !!, If they do send you a copy, then it HAS to contain the prescribed terms to be enforceable. As for the Stat demand...give your local court a call, and they will be able to help you....

[42man]

Send the CCA request to Connaught...

[elsdon.sarah]

right, letter written, off to post office in a bit, i assume a postal order for £1 is suitable?

 

sending it 1st class signed for.

 

still unsure how to get demand set aside....

[straftat]

I had a stat demand from these muppets a year ago and had it set aside, they refused to even bother contesting my set aside , then they gave me another one 6 months later , this time i didnt even bother to have it set aside as they just seem to do it for fun.

 

Still go ahead and set it aside but you can relax, they are using the SD like spam mail these days.

[elsdon.sarah]

thank you

 

nice to hear its not just me....

 

could you (or anyone) explain exactly how i have it set aside?

on what grounds etc

[elsdon.sarah]

someone??

 

please :grin:

[straftat]

i assume u have already CCA requested them

 

 

you must download forms 6.4 and 6.5 , application to set aside a stat demand

 

 

on the form you say you DISPUTE the ENTIRE DEPT

 

you dont know what this dept is and who they are and you have writen to them asking and they have refused to provide any documents supporting their claim that any money is owed

 

i.e failed to send

 

a)copy of the alleged agreement

 

b)copy of the deed of assignment

[elsdon.sarah]

can't find link to that form?

 

yes sent the cca

 

what happens if they do send the requested agreement?

[Curlyben]

Here's the forms: Legal Issues Explained - Statutory Demand

 

If they don't supply the CCA information this is a great reason for set aside as they are trying to claim on an unsubstantiated debt.

[elsdon.sarah]

Hi i got a reply for my CCA today - saying 'they hold no such document at the moment, but please be patient' and they are requesting it from

1st credit / halifax

 

???????????????????

 

what does this mean for me?

[Curlyben]

Well that's all good then

Fill in your set aside concerning their lack of signed executed agreement.

Basically they haven't proved their legal right to this debt at all.

[elsdon.sarah]

sorry to be a pain, i cannot see which bits of which forms to fill in?!

[elsdon.sarah]

anyone ?????

 

sorry to be a pain

[wanted99]

Hey - sorry to hijack this thread, but I just can't see how to start a new one and it looks like I'm in a simliar boat here.

 

I received an SD on Friday after failing to make the first payment of a CCJ. I wasn't trying to get out of it, but I'm in the process of disputing the monthly amount they want me to pay. I'm waiting for a time and date at my local county court for redetermination of my monthly payments. In my ignorance, I didn't think I needed to pay the original order, whilst the amount I need to pay is still in dispute.

 

My questions are these:

1. Is the fact that I'm waiting to be heard at my local court enough of a reason to apply to have the SD set aside?

 

2. If so, exactly how do I apply. Once I've filled in form 6.4 and 6.5 do I post them or take them to the court? Do I have to pay?

 

3. Even though I missed the 1st payment and have had an SD served, would it help my case if I do make a payment, to show willing whilst my payments are being redetermined?

 

Any info gratefully received. This is my first ever post!!

[wanted99]

PS. exactly how do you start a new thread - I can't find the link anywhere and I can't keep going round hijacking other people's threads!!

[elsdon.sarah]

hi when you are looking at the list of threads, there should be at top of list left hand side a start new thread option button....hth

 

 

anyone answer my question - please?

[wanted99]

Thanks for that. I'm asking similar questions, so I'll let you know if I glean any info that could be useful to you.

[elsdon.sarah]

so what do i write on the forms and where???

[keypulse]

I had a stat demand from these muppets a year ago and had it set aside, they refused to even bother contesting my set aside , then they gave me another one 6 months later , this time i didnt even bother to have it set aside as they just seem to do it for fun.

 

Still go ahead and set it aside but you can relax, they are using the SD like spam mail these days.

 

 

Hi

 

First post, but been lurking for a while.

 

I recently received a stat dec from this lot and am in two minds whether to respond. It's for a debt I don't acknowledge and I explained this to them by letter a few years ago before moving house and not hearing anything else till a few months ago, when I began getting letters and a few hand delivered cards from "doorstep collectors". I have ignored all of these as I haven't been well and can't deal with the stress of even getting into a dialogue with these people.

 

Is there any chance that they've sent this out as some sort of bluffing technique as straftat thinks? I know I should just go and get this set aside but I'm a bit concerned that in responding to it they'll start stepping up the harrassment to the level it was a few years back (loads of phone calls daily, letters, doorstep collectors)...