1st Credit and old HFC debt - Statutory Demand

[42man]

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

[42man]

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

[Pimlico]

I was advised that the SD is not valid because it should specify your local court details and it doesnt it just says phone them!

[babybear39]

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.

[overdone]

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.

[Mr Bear 79]

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?

[42man]

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If they haven't withdrawn the stat demand or given you notification then the hearing will go ahead....you must attend...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

[overdone]

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.

[Mr Bear 79]

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

 

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.

[MONX]

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

 

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).