1st Credit Not Complying With Stat Barred Debt

[babybear39]

You're welcome fiftypence, it's what we're here for

[PSB123]

Thanks babybear39 I will indeed have this one set aside. I don't know what they would gain by making me bankrupt. There's not much if any equity left in my home, and there would be other creditors before them who would take priority. Infact I don't think there would be enough to go round considering the state of the housing market at the moment.

 

Now regarding this SD. It was sent 2nd class post (24 pence) and what makes me laugh is that every sd they send me looks different. This one is spread over 3 white A4 sheets of paper with no blue triangle in the top left hand corner. Also no court name is given. It is however "Form 6.1". It asks that I phone them to find out which court it is or if I want to discuss payment. Infact reading between the lines, the covering letter emphasises phoning them...In fact all they seem to want to do is to manipulate and bully me down the phone...It ain't going to happen.

[babybear39]

An SD isn't issued by a court, so no blue triangle. You need to call your local county court that deals with bankruptcy to get it set aside.

 

DO NOT PHONE 1st crud, there's no need. The SD is more than likely a bullying tactic and abuse of process but you really do need to take it seriously.

 

Do as I said in post #43 and also ask the judge at the hearing for punitive damages as they've done this 3 times before. That'll slap them on the wrist

[PSB123]

Will do, thanks babybear39!

[PSB123]

I'm going to apply to have this sd set aside this week. I work near the High Court in Central London so will go down there in my lunch hour.

 

There are a few things I am unsure of though. What information will the judge expect from me? ie. details of the debt and when it was last acknowledged or paid. I only know it was approximately 6 years ago. Also, as well as me thinking it's stat barred, should I also give the reason of having it set aside was asking 1st Credit to prove it wasn't Stat Barred to which they never replied? Basically the debt is still in dispute and they are pursuing it and shouldn't be.

 

I am a little nervous of sitting in front of a judge and also don't want to look a fool because I hadn't got my defence in order.

[tinkerbell20]

Thanks babybear39 I will indeed have this one set aside. I don't know what they would gain by making me bankrupt. There's not much if any equity left in my home, and there would be other creditors before them who would take priority. Infact I don't think there would be enough to go round considering the state of the housing market at the moment.

 

Now regarding this SD. It was sent 2nd class post (24 pence) and what makes me laugh is that every sd they send me looks different. This one is spread over 3 white A4 sheets of paper with no blue triangle in the top left hand corner. Also no court name is given. It is however "Form 6.1". It asks that I phone them to find out which court it is or if I want to discuss payment. Infact reading between the lines, the covering letter emphasises phoning them...In fact all they seem to want to do is to manipulate and bully me down the phone...It ain't going to happen.

 

 

If it doesn't specify court then it is invalid

[PSB123]

If it doesn't specify court then it is invalid

That's right, no court specified. I should still have it set aside though right?

[tinkerbell20]

That's right, no court specified. I should still have it set aside though right?

Oh yes but thats a major ground for having it set aside

[PSB123]

Oh yes but thats a major ground for having it set aside

So the fact that no court has been specified is a good reason for setting aside?

[PSB123]

Also, the sd was sent 2nd class post. Is that an acceptable way of serving an sd?

[babybear39]

Does it say your nearest court?

[PSB123]

Does it say your nearest court?

Hi babybear39

 

No it doesn't. It asks me to call 1st Credit and they will tell me which court it is.

 

As I live in London I know it's the High Court.

[babybear39]

DO NOT CALL 1st crud.

 

As you know where to take it that's fine, do that, but do not ignore the SD.

 

Another poster mentioned making 3 copies, 1 for you, 1 for the court and 1 for the DCA.

[PSB123]

DO NOT CALL 1st crud.

 

As you know where to take it that's fine, do that, but do not ignore the SD.

 

Another poster mentioned making 3 copies, 1 for you, 1 for the court and 1 for the DCA.

You must be joking, no way!

 

I will make 3 copies of the sd though. Thanks babybear39!

[PSB123]

Is 2nd class post an appropriate way of serving a Statutory Demand?

[babybear39]

No. But seeing as you're applying for it to be set aside, you can't actually deny recieving it

Edited September 8, 2008 by babybear39
added a bit

[PSB123]

No. But seeing as you're applying for it to be set aside, you can't actually deny recieving it

I would like to use the fact that it was sent 2nd class post as one of the reasons for setting aside. Would this be a good idea?

[babybear39]

To be honest, I'm not sure...Hopefully someone that knows will be along to answer shortly...

[PSB123]

Would be good to show the judge how 1st Credit flaunt the rules

[fiftypence]

I would like to use the fact that it was sent 2nd class post as one of the reasons for setting aside. Would this be a good idea?

 

I believe the letter (no pun intended) of the law states first class post provided all other attempts at correct service have been tried, i.e. personal service at home, place of work, letters asking for a specified appointment time for the purpose of serving the SD, etc, only if all those fail then first class post can be used. Won't do any harm I guess to mention that 2nd class was used to see if the judge picks up on it. But it might be a bit risky to use that as the sole reason for set aside.

[PSB123]

I believe the letter (no pun intended) of the law states first class post provided all other attempts at correct service have been tried, i.e. personal service at home, place of work, letters asking for a specified appointment time for the purpose of serving the SD, etc, only if all those fail then first class post can be used. Won't do any harm I guess to mention that 2nd class was used to see if the judge picks up on it. But it might be a bit risky to use that as the sole reason for set aside.

No, the reason for setting aside is that it is Stat Barred. It is also in dispute. They can't chase a debt that is in dispute.

[PSB123]

I have just emailed Surrey Trading Standards. What exactly will they do and will it be of any good?

[babybear39]

Judging by the number of 1st crud threads on here, Surrey TS must have a whole team of officers working flat out with complaints

[PSB123]

Judging by the number of 1st crud threads on here, Surrey TS must have a whole team of officers working flat out with complaints

Are TS legally obliged to investigate?

[42man]

If it was me in your position, get the stat demand to the court....reasons are...

 

The debt is barred by the Statute of Limitations Act 1980

 

As you received the demand by second post you believe that it has NOT been served properly.

 

Despite your rights, you have received no statements, notices of assignment, no default notices, no letter before action. And to this day all you have received is a letter saying 'YOU OWE US THIS'

 

Claim your costs back @ £9:25 per hour + postage + mileage + parking

 

Send a letter of official complaint to 1st Credit, if they fail to respond or NOT to your satisfaction....

 

Report them to the FOS (Who will charge 1st Credit c £450 to investigate)

 

The FOS may also compensate you if you have a financial loss