Help needed - Stat Demand from 1st Credit

[Michael Browne]

You do need to apply to set it aside using forms 6.4 and 6.5 which you can download here:

England and Wales Forms

 

SD's are explained here:

Legal Issues Explained - Statutory Demand

 

1st Credit are issuing SD's like they're going out of fashion at the moment, but they don't often issue actual petitions. On the other hand you've nothing to lose applying for a set aside.

 

We survive on benefits and tax credits, and I don't own any assets.

I assume this means you don't own your house, which means that it is even more likely that the SD from 1st Credit is bluff, since it would cost them to present a bankruptcy petition with little hope of their being paid.

[Michael Browne]

Should I do the S.A.R - (Subject Access Request) & CCA letters which I've seen on many posts?

Yes, ASAP. See letter N here:

Creditors and DCAs - Consumer Wiki

If they don't supply this within 12 days, this is grounds to have the SD set aside

I don't dispute that I know I owe the money, I don't know if the amount is 100% correct

The chances are that there are charges and additional interest.

 

If the amount claimed in the demand includes-

 

(a) Any charge by way of interest not previously notified to the debtor as a liability of his, or

(b) Any other charge accruing from time to time.

 

Then the amount or rate of the charge must be separately identified, and the grounds on which payment of it is claimed must be stated, which I assume they haven't done. This is further grounds

 

This thread may be of help:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133405-lowell-statutory-demand-can.html

[Michael Browne]

Tiber, you should still ask to have the SD set aside, using forms 6.4 &6.5 here:

England and Wales Forms

 

Here is a sample grounds, which you can amend to suit:

 

I apply for the statutory demand to be set aside as 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 a disputed debt contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. 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 First Credit Limited, who claims to be dealing with the alleged agreement and have raised the statutory demand. This request was received and signed for on xx/xx/xx

 

Further, I believe that the amount of £XXXX referred to in the statutory demand includes a substantial sum of unlawful penalty charges. First Credit Limited have not provided further information regarding the charges they have added to the account, and still have not provided a statement of account (as requested under s78 CCA 1974).