Ist Credit/Connaught out of the Blue

[MrCollio]

First of all do not panic. 1st Credit/Connaught send these out like confetti.

The deemed date of service will be 12th of July is they sent it 1st class. The date of receipt runs from the day the court deems you would have received it and not the date on the demand.

You must however get this set aside. Find the local court that deals with bankruptcy.

The forms you need are

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

Fill these in and take them to the court. The application is free.

 

Keep a costs schedule that include mileage/transport costs and time. This will be submitted to the court later.

 

You also need to send 1st credit a CCA request and a SAR. This needs to be sent ASAP. Letters can be found in the template library of this site.

 

Most importantly do not speak to them!

[MrCollio]

I forgot to add any letter that you send do not sign.

[MrCollio]

Hi I would put something like this on the SD.

 

I,

Apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of an alleged debt when such pressure is contrary to the OFT Debt Collection Guidelines.

 

The creditor has yet to repond to a request under section 78 of the Consumer Credit Act 1974. This will soon be in default. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.

 

My request under s78 of the Consumer Credit Act 1974 was sent to Nasty Bank (UK) Limited for a copy of the alleged agreement on xx/xx/2007 This request was received and signed for on the xx/xx/ 2007. At this present date (xx/xx/ 2007), Nasty Bank (UK) Limited have had xx working days to comply.

Further, I believe that the this debt is statute barred.

 

Also, I have never received a legally valid default notice for the alleged account as required under the Consumer Credit Act 1974.

[MrCollio]

With regard to a solicitor you do not need a solicitor to sign the forms. You swear the affadavit in front of the court staff.

 

You do need to put your name and address on them.

 

A solicitor can sign the form but they would usually charge.

 

Please note that not all county courts do bankruptcy. You must find a local one that does bankruptcy.

 

At this stage start making a list of time and expenses as later in the process you should apply for costs.

 

Let me assure you that it is unheard of for Connaught/1st credit to turn up.

[MrCollio]

Hi Shannon,

Sorry for not responding I have been away and had no internet access.

Firstly you can still apply for the statutory demand to be set aside even though the time limit has expired. The one reason for this is error by the court staff. Although they do not give legal advice they are supposed to know procedures and which court does what. I would try to get it set aside at this stage.

 

When you go to get the SD set aside take along another statement which should be a diary of contact with the courts.

 

It will be up to the judge if itis accepted.

 

If a bankruptcy petition is presented then it can be defended on the limitation act. This would be harder and more time consuming. That is why I recommend getting the SD set aside.

 

The main thing is not to panik. Most of these letters are threatograms.

 

Another option is to phone the FSA and say that Connaught have issued you with an SD for a debt over 6 years old. They may write to Connaught straight away.

[MrCollio]

I have looked at the SD and there are 2 things wrong with it.

1) It has to have a named person that you can contact.

2) It should give the name of the local court which does bankrtutcy and not just local court.