Ist Credit/Connaught out of the Blue

[palomino]

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

 

Of course they are. You just have to stop them getting away with it by default.

It means being alert at all times and keeping in step with them when they try something.

[shannon16]

No it was PP

[shannon16]

I went to the court I was told to go to by my local court which is an 1hours drive with 2 kids. When I got there they said that I had to go to another court who deals with these maters and Yes i did check before setting off with my county court. When I rang them later to complain they said that the court the gave me was one of a few courts that could be dealing with it.....now I have to teka another day off and head for this other court.

 

Another day off from work and another 1.5 hours there and backa total of 3 hours.........With the Kids..............Its does not seem fair.

 

Shannon16

[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.

[Mr Bear 79]

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

 

I have just been reading through this thread as I have a similar situation ongoing with 1st Credit and Connaught.

 

I have not seen anyone mention it yet, but you state earlier that you received the SD on 17th July, and as of today you haven't applied to have it set aside (I know there have been reasons).

 

It would appear that you are out of time, 22 days as of today and 25 by the time the courts open again.

 

Maybe somebody can advise Shannon16 on this aspect aswell, I am not sure whether the courts will accept the documents outside of the 18 days and am not qualified to advise.

Edited August 8, 2008 by Mr Bear 79
typo

[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...

[Mr Bear 79]

Yes, I just noticed that she had missed the deadline of 18 days since receipt and felt she would need advice on that aspect.

[babybear39]

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

[shannon16]

Dear All this arrived this morning.

 

I have been trying to find the court I need to go and get this set aside.AM I too late.I have received no petition yet.

 

Please can anyone out there give me clear and consice instructions as to what to do.

 

I have 2 small kids and am just about meeting the morgage repayments.

 

I am stressed to the nines . I have tried to get this set adise but I go to one court the tell me go to another .

 

This is now serious .

 

If their are any peolpe out there who can give me consise instruction as to what to do next , I will make a donation to the site of as much as I can afford.

 

Please help me.

 

I nedd to act on this today.

 

This was sent second class and yet only arrived today. HELP!!!!!!!!!!!!!!!!!

CONNOUGHT COLLETIONS UK LTD Purley Way.doc

[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.

[creditcardmug]

subbing

[shannon16]

Thank you again

 

Shannon16

[42man]

OK Shannon try and calm down....this sounds like it may be one of these false stat demands flying around by Connaught / 1st Credit....but that doesn't mean to say you can ignore it.....

 

Have you filled out the forms ? stating that the debt is statute barred ?

 

In the meantime send In that case I would send Connaught this letter here 'M' send it by recorded delivery and do not hand sign it... - LETTER 'M' - Creditors and DCAs - Letter Templates & Budget Planner

 

With regard to the statutory demand, if it was me in your shoes, I would take it to the court nearest to you that handles bankruptcy (take a look here and find the nearest one to you...(PM me and tell me where you live) and ask them if it is genuine....I know of one cagger here who took his to his local court and they recommended taking it to the magistrates court as it is a clear abuse of process....

 

If indeed they confirm it is then hand in your documents (ask them to sign your affadavit) (this will be free at the court, otherwise £5 at a solicitor) I would also add a sheet with your own costs on it.....

 

Also have a read here...

 

CCA 1st Credit / Connaught

[42man]

Reasons for setting aside you should write that

 

The debt is barred by the statute of limitations Act 1980

[shannon16]

42nd man

 

First can I just say thank you.

 

I have filled out the forms but when I took them to the Court they said that they tdid not deal with bankruptcy.

 

I have found 2 courts which deal with bankruptcies now.

 

Should I ring them and ask them if a petition has been issued?

 

I cannot thank you enough . I will get letter M sent Today and I will PM you my address.

 

Thank you again and also creditcard mug. Please keep in touch..........Shannon16

[42man]

No need to PM your address to me, as you have found the nearest court that deals with BR....Ring the courts first and explain the situation, ask them if it is genuine, if in their opinion it is then I would take the forms to the court ASAP (sorry to hear that the nearest one doesn't deal with BR's, but at least you have hopefully found the right one !!)....and add a sheet with your costs too....If the court say it isn't genuine, then take it to the magistrates court like the cagger did in the thread above....

 

I would also state that if it isn't a genuine article, get in contact with your local MP too and write letters of complaint to your local TS and the OFT and also in your statute barred letter to Connaught request their official complaints procedure....then make a complaint to them and request they pay all your costs to date, otherwise you will complain to the Financial Ombudsman Service (who will charge Connaught £450 to investigate your complaint) The FOS will only look at complaints if the person complaining has lost out financially which you have in attempting to address a fake statutory demand !! - if indeed it is a fake one !!)

[42man]

Shannon...IMO, take the forms down to the court and ask them to sign your affadavit on oath, (take copies for yourself)....and give them both forms...don't risk this being anything other than a genuine threat.....!!

[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.

[PSB123]

Any news on this, did you manage to get the sd set aside?