Ist Credit/Connaught out of the Blue

[babybear39]

Hi Shannon,

 

Your first thing to do is the get the statutory demand set aside at your local county court. The staff there will help you and it doesn't cost anything. Call before you go to make sure they handle these as not all courts do.

 

1st crud and connaught are well known for this type of thing and do it in the hope of frightening you into paying or getting a judgement by default.

 

If you're sure you've not made any payment or acknowleged the alleged debt in writting for over 6 years, you can apply for the set aside on the grounds of it being statute barred and you disputing the amount. You can also get it set aside on the grounds of disputing the debt/amount as well.

[babybear39]

Shannon don't panic. Personally, I've never had an SD set aside but I do know the court staff will help you. It's free and you can swear the affi. at the court.

 

Applying for the SD set asside and requesting CCA and S.A.R - (Subject Access Request) IS NOT admitting lialbility.

 

The SAR must be sent to the original creditor.

 

If you're sure the debt is statute barred, you should send this to connaught:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need letter M.

[babybear39]

You have to take this matter seriously. You can download the forms from the HMCS website.

 

Are you disputing part of the claim due to charges on the account?

[babybear39]

You have to take it to the court yourself. Start noting down your costs and claim for them at the set aside hearing. You have to take the affi. form with you as the court staff will help you swear it free of charge and it needs to be submitted with the other form.

[babybear39]

Hi babybear39

 

You say you have never had an SD set aside. May I ask have you ever had an SD? The reason I ask is because I have had 3 and have never had one set aside. Have you had any repercussions because of not having an one set aside?

 

I went bankrupt due to severe disabilities and longterm illness. I did get a CCJ though...

[babybear39]

Shannon

 

if the debt aint yours then imo i would just ignore them, connecting with these people just opens a can of worms then they dont stop badgering, just wondering was it silcock who signed the sd on behalf of connaughts.

 

An SD CANNOT be ignored!!! If you don't get it set aside they'll get judgement in default!

[babybear39]

Sorry to hear your experience with court staff has been bad, they're usually very good

 

That 3 hour drive is worth it though as the SD must be set aside.

 

Keep a note of your costs and petrol receipts etc and a note of what's been happening to show the judge.

[babybear39]

You have 18 days from the date of RECEIPT which can be 5 days after the date of issue. We have been trying to get the OP to get the SD set aside...

[babybear39]

Just get her to tell the court she received it a few days later if it was sent by ordinary post

[babybear39]

Shannon you need to ring your nearest court and ask to speak to a senior member of staff urgently and explain in full what's happening and the wrong info. you've been given.