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    • But if 'non-essential' retail outlets can still deliver even though they have to close the shop what's the reasoning behind not allowing supermarkets to deliver the same items?  I read a whole article this morning on how deliveries are fine but click and collect isn't.   And as an aside, what's he got against office supplies for everyone WFH?  I could have a whole other discussion about his allowing unlimited sales of batteries - can't work, can't clothe your children but you should devote your time to battery powered devices.  You have to wonder.
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    • It has been established in several cases that Delivering isn't parking, and in any case if it was the 10 minutes grace would apply.  they would be silly to take a delivery driver to court if on deliveries. Were you in a van or car?
    • So if you're expecting a baby in the next couple of weeks not only can you not buy baby clothes or bedding in Tesco but he also wanted to stop new parents getting the stuff online?  I'm sure I read somewhere that non-essential retailers who have had to close may still deliver.  Does this mean you can get non-essential items in your supermarket shop if it's delivered but not if you shop in store?    This sort of stupidity isn't to do with the virus, it's a pure power play surely.
    • PDF please so we can zoom  read upload   any road marking on private land are purely tarmac graffiti and have no standing in law. and anyway all speculative invoices issue for parking have a 10min grace period   dx      
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Ist Credit/Connaught out of the Blue


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Hi All

 

On the 5th of July I received a letter from the people above re an outstanding Amex debt which I was thratning bankruptcy. I have been in search for a forum that could possibly help.

 

This is a debt I have no memory of yet yesterdat the 14th I received in the post another communication from the same company Which is a statutory demand under section 268(1)(a) of the Insolvency Act. Debt for Liquidated sum Payable immediately.

 

The Demand is served on behalf of 1st creditand signed by a debt collection agent who says the are authorised by 1st credit on behalf of connaught collections. On age 2 its supposed to set out the FULL particulars on the Sum that is Payable.

 

page 2 says that a) the debt was incurred by monies due under a financial agreement. the Debtor is in breach of the repayment terms and has failed to adhere to the terms.

 

b) the Debyt is in respect of outstanding Monies to the Creditor for non payment of a american express agreement.The Benifit of the debt having been assigned under an agreement to Ist redit Finance

c) the amount due at the dat of demand is£5xxx.xx

 

The next page goes on to talk about Part a)appropiate Court for setting aside demandAny application by you to set aside this deman should be made to the court.

 

For confirmation of the court please ring conaught collections

 

Part b)The Individual to whom any communications regarding this may be addressed.

 

Part c) for completion if the creditor is entitled to the debt by way of assignement

Orginal creditor: american Express

Assignees : 1st Credit

 

It goes on th say How to comply with a stutory demand(ACT within 18 days) The letter is dated 12 of July although it only arrived yesterday.

 

If you wish to avoid a bankruptcy petition being presented against you you must pay the Debt shown on page 1within the 21 days after its service upon you

alternatively you can attempt to come to a settlement with the creditor

 

If you think you have grounds to get this debt set aside you should contact the person named in part b immediately within 18 days from the service date (5) of which days have passed due to the letter arriving yesterday.

 

 

I believe this debt is more than 5 years old and is nowhere near the amount the are claiming for .

 

My worry is that if aI call thenm I re connect with them and give them a heads up.

 

The Letter concludes

a) you have 18 days to apply to have the demand set aside

b) You have only 21 days befoe the creditor may prsent a bankruptcy petition.

 

I have just managed to get back on my feet I have 2 children and my salary just about covers our Morgage and living expenses . I could not bear to loose the house as it would destry my family and me with it.

 

This just came out of nowhere . I am sure this debt was back in 2001. But how do I prove that and then what do I do.

 

I have seen how you help others Please can someone help me. I am at the end of the Line.................:Cry:

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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!

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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.

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Dear Mr Collio and babybear39

 

I have now downloaded the forms for the court. do I sign these and do I put My name and address on them?

 

Also the reason I feel it is not applicable is a believe the debt to be alot lower and that 6 yaers have passed so what do I when filling in the Form.

 

Also in my sworn affidavat do I sign it or do I get a solicitor to sign it?

 

In fact should I get a solicitor to sign all forms??

 

I will send the cca and Sar request to Connaught.

 

Does this mean I am admitting liability if I send these forms.

 

i am totally ourt of my depth here.

 

Thanks so much for your help. Please get back as soon as you can

 

Regards

 

 

Shannon16

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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.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have now downloaded the forms for the court. do I sign these and do I put My name and address on them?

 

 

Both.

 

 

 

Also the reason I feel it is not applicable is a believe the debt to be alot lower and that 6 yaers have passed so what do I when filling in the Form.

 

 

There have probably been a lot interest and other charges added. Some/all of these may be unlawful, but we'll come back to that later.

 

 

 

Also in my sworn affidavat do I sign it or do I get a solicitor to sign it?

 

 

Take this to the court and do it with them. I believe you sign it but if you go to the court then they will help you out.

If you are too far from the court and have to use a local solicitor then he/she will know what to do.

 

 

In fact should I get a solicitor to sign all forms??

 

 

 

No, you have to sign them.

 

 

 

I will send the cca and S.A.R - (Subject Access Request) request to Connaught.

 

 

As others have already said you should deal with the SD first - that is the urgent matter. THEN worry about the CCA request etc.

 

 

Does this mean I am admitting liability if I send these forms.

 

 

No!

 

 

i am totally ourt of my depth here.

 

 

We've all been there - good luck!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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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.

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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.

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  • 3 weeks later...

Hi All,

 

I have applied to my county court who said that they do not do bankrupticies and that I must approach another court which is Miles away.

 

I can take a days holiday this week to get over their I have filled out the Set adide form and also sent ist/connaught a S.A.R - (Subject Access Request) to which I have heard nothing.

 

I have attached the Document the sent to me . While reading some posts on here some posted that I should ring the court and ask if a petition for bankruptcie has been applied for .

 

Please let me know what you think of what the sent and also my next move.

 

 

Thanks shannon 16

Shannon16Doc1.doc

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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?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Yes I am Should I take my affitdavid to the court as suggest or should I call them to see if a petion has been issued.

 

As you can see on the form there is no court listed I went top my locally county court and they said that they did not deal with bankruptcies issiues.

 

I can take Thursday off this week and make the tripnto the court although I will have to take my Kids with me .

 

I have downloaded the Set aside form and filled it in.

 

Should I just ring the company and make an offer of payment?

 

Until this is set aside??

 

Please help

Shannon16

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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.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Mr Collio

 

 

Can you please take a look at the document It does not name the court so I have got the name s of other courts in the area.

 

I can take thursady off and drive 30 miles with my kids to file the affiddavit.

 

I have had to have time off already but if you think I need to do it I will.

 

My court just said they did not deal with bankruptcy and gave me teh number of another court in the area . Should I ring them First to see if the have filed a petition.

 

Please help

 

Shannon16

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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 S.A.R - (Subject Access Request) 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.

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?

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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...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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

Thanks babybear. I didn't mean to pry, just trying to learn a bit more :)

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Apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute

Unless you have specifically written and told them so, giving a good reason, then it isn't and the creditor most certainly won't be.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi again,

 

I am still wondering what I need to do next as the court is not listed do ring the court that my locally county court gave me and ask if a petition has been issued or do I jsut drive to the court tommorw and swear an affidavit.

 

i am almost sure this debt is moe than 6 years old and also it has trebled in amount, that was orignally owed.

 

I would be greatful if palomino and PSB123 Could give me some advice .

 

i need to get this resolved as i am not sleeping and cannot concentrate on work.

 

 

Please help can you comment on the document as there is no court named I have to guess which one of the 2 courts my own county courtI should be dealing with.

 

I have decided to take tommorow as holiday (which i can ill afford to do to resolve this now all need to know is what should I do.

 

I have downloaded the forms , I have written the affitdavit and I am waiting for the next step.

 

i do appreciate all your help.

 

 

many regardss

 

 

Shannon 16

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You need to get it set aside ASAP as time is running out. Find out which court nearest to you deals in bankruptcies and take the forms to the court, swear the affitdavit and have it set aside on the fact that it is statute barred.

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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!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Should I take my affidavit to the court as suggest or should I call them to see if a petition has been issued.

 

 

Why don't you ask them when you go?

 

Have you downloaded the forms and filled them in?

Have you determined the court to go to?

 

Good luck for tomorrow!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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

Are they legally allowed to do this even if you have disputed the debt if it's statute barred?

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