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Statutory Demand - Connaught Collections


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You need to send them the statute barred letter then from here, it's letter M:

 

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

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal receipt.

"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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123 it would best to start your own thread. You'll get more advice that way and it won't get confused with this one :)

 

Post the link here when you start it and I'll take a look when I can...

"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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Did you ever send a request for a copy of your Consumer Credit Agreement ????

 

Apologies for not responding sooner, I wasn't well early part of the week and haven't been on the thread.

 

I didn't ever request a copy of my CCA, as it had been so long since I had heard anything about this debt from them or anyone else. That would now seem like a sensible next step.

 

I'm taking my paperwork to the County Court shortly and will post an update later.

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Today I have been to the County Court and applied to have the SD set aside.

 

What a stressful and demoralising experience :Cry:

 

I purposefully didn't go into huge detail when stating why I wanted to have it set aside, I just kept it to a couple of lines re disputing some of the potentially unlawful charges, as advised above.

 

The lady I spoke to at the Court didn't want to accept my forms at first, as she said the information was insufficient so I had to add a little more with no other paperwork with me to refer to. I put that I was not sure the debt had been legally assigned to Connaught, and that I had applied for a copy of my CCA and not yet received a response.

 

I would rather not have done that but I didn't have much choice - my 18th days falls over this weekend so it wasn't something I could go back and do later.

 

I am told that the application will now go before a judge, and that it will probably take place in about a month. Also, that I probably won't hear anything more for about 2 weeks. When the hearing does take place I will have to attend. :Cry:

 

If I'm honest, I wasn't really expecting that. I suppose I didn't know what to expect but now I am very concerned about what will happen at the hearing.

 

If my finances are analysed it is unlikely to go in my favour as my debts far outweight my assets, but for me the implication of being made bankrupt would be very severe for a couple of different reasons.

 

Any comments on todays events would be welcome, as would any advice on what I am likely to experience at the hearing and what I should prepare in advance.

 

Thanks

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Mr Bear, I’m afraid that I can’t offer advice because I’m new to all this myself. I will be applying for my own SD to be set aside next week and am not looking forward to it. But why don’t you give these people a call, explain your situation and see what they have to say. It’s a freephone number so you’ve got nothing to lose. http://www.discreetdebtsolutions.co.uk/index.html

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Call CCCS or national debtline first thing monday morning:

 

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

You have to wait for an appointment with CCCS though.

 

If your job is at stake due to bankruptcy , I doubt a judge would grant it as creditors would get nothing.

 

Lack of CCA is a good starting point.

"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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  • 2 weeks later...

To bring the thread up to date.....

 

I have not yet received a response from the County Court despite applying to have the SD set aside on 9th August.

 

I have, however, received another letter from Connaught Collections, dated 12th August, which has just reached me.

 

It reads.. I write to inform you that we are now in a position to present a Bankruptcy Petition aginst you following the recent delivery of our Statutory Demand.

 

As you have chosen to either ignore the Statutory Demand or demonstrate an ability to pay the sum claimed, you leave us with no alternative other than to present a Petition.......

 

Should I act upon this letter in any way or should I wait for a response from the County Court before doing anything more?

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I cant be of much help I am afraid, but I do know this, they cant proceed with bankruptcy, while there is an outstanding stat demand waiting to be set out aside, I hope this helps somewhat until someone else can really help you.

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Send by recorded

 

Dear sir/madam

 

Further to your recent letter dated XXXX I wish to inform you that I have applied to the courts to get the statutory demand set aside due various disputes including your non compliance with my request for a copy of my Consumer Credit Agreement which your company signed for on. I will be attending the court hearing where I will be claiming all my costs.

 

yours faithfully

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Well worth ringing the court too to check that any paperwork that has been sent to you hasn't got lost in the post....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Pimlico, an SD does not have to specify a specific court. If it doesn't, you use your nearest county court that deals with bankruptcty to get it set aside.

"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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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149110-1st-credit-stat-demand.html

 

Have a look at my thread. I am a couple of steps ahead of the Connaughts strategy you are currently entangled with. This should give you some clarity and peace of mind. Many items are covered, cross questioned and established in depth. You can guess what to expect almost.

If my post helped you feel better, click my scales.

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  • 3 weeks later...

I haven't posted for a couple of weeks as there haven't really been any developments on this.

 

Since their letter of 12th August, I haven't received anything at all from Connaught. (no letters, no CCA).

 

I have had notification that my hearing to have the SD set aside will take place in the first week of October.

 

Three quick questions if I may.....

 

1) Connaught have not provided me with a CCA as yet and it is over 12 working days since they received my request. Is it a case of they have to respond within 12 working days, or they have to ensure that I have received it within 12 working days?

 

2) If they don't provide a CCA by the time of my hearing will it still go ahead?

 

3) The court have sent me only the most basic information about the hearing (just date and time). Is there anything they expect me to prepare or take with me?

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You need to make sure you firmly dispute the debt....their non compliance is a full defence....(make sure you know as much as possible about the relevant acts)

 

If they haven't withdrawn the stat demand or given you notification then the hearing will go ahead....you must attend...

 

Take all the letters you have sent and the recorded delivery slips too....

 

Write down all your costs on a separate piece of paper, head it COSTS - LITIGANT IN PERSON and then work out how much time it has taken you for example...

 

10 hours to study the Consumer Credit Act and Case Law (£9.25 per hour is the most you can claim unless you are represented by a solicitor)....

 

Postage

 

Parking

 

I don't know what your personal circumstances are but you might like to mention this too which was quoted by a high court judge...your personal circumstances may not be the same....

 

As a lone parent with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Connaughts are a bag of wind where bankrupcy is concerned. It costs them far too much money. Google your local trading standards address. They will soon put a stop to this abuse of process.

If my post helped you feel better, click my scales.

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  • 3 weeks later...

123erp, do you mean 1st credit?

"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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Connaughts are a bag of wind where bankrupcy is concerned. It costs them far too much money. Google your local trading standards address. They will soon put a stop to this abuse of process.

 

I think that is perfectly summed up by the letter I have just received from Connaughts.

 

We write further to your application to set aside a Statutory Demand dated ******.

 

I confirm that we have written to the Court comfirming that we are willing to set aside the Statutory Demand, and would advise you that it is not our intention to attend the hearing of the ****** (date).

 

We would also confirm to you that our files have been closed and returned to 1st Credit......

 

We would request that all future correspondence in relation to this matter is forwarded to their offices.

 

It should also be noted that after over 30 working days they failed to provide a CCA.

 

In a way I'm quite disappointed at this, but at the same time relieved. It would have been a rather perverse pleasure seeing them go to the trouble and expense of making me bankrupt and then getting nothing out of it :D

 

I suppose I should still attend the Court as I have not had confirmation of this from them, but at least now I have no reason to be concerned when I do.

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I think that is perfectly summed up by the letter I have just received from Connaughts.

 

 

 

It should also be noted that after over 30 working days they failed to provide a CCA.

 

In a way I'm quite disappointed at this, but at the same time relieved. It would have been a rather perverse pleasure seeing them go to the trouble and expense of making me bankrupt and then getting nothing out of it :D

 

I suppose I should still attend the Court as I have not had confirmation of this from them, but at least now I have no reason to be concerned when I do.

 

 

I got exactly the same letter from Connaught regarding my SD, they also wrote to the court and said that both parties should bear their own costs! Suffice it to say the judge didnt agree with them and awarded me costs.

 

I rang the court and asked if I still had to attend, and the clerk told me that unless I wanted to withdraw the request for the hearing I should still attend, he added that if I withdrew the request for the hearing and the DCA didnt write to the court, they could petition for bankcruptcy for upto four months from the "served date".

 

I would definately attend the hearing and make sure that you request costs. The judges are getting really miffed with all these SD's being issued and then the DCA's not turning up! There has been five successes on this site this week (albeit with various DCA's).

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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