Please Help!! Connaught Collections Statutory Demand

[Atmywitsend]

Hi

this is my first post, I am new to this so please be gentle. Here goes:-

I had a loan with Alliance & Leicester years ago and ran into problems with my monthly payments. I contacted them at that stage and they were really unhelpful so I contacted a debt management company to deal with them on my behalf. This worked well for about a year and then Alliance & Leicester started contacting me again demanding more money. Long story short, I got so stressed out with it all that I stopped paying all together, this was in about 2002/03.

 

I have received demands from a few different debt collection agencys from time to time since then but rightly or wrongly buried my head in the sand and ignored them.

 

Today I have recieved a letter from Connaught Collections stating " I write to inform you that we are now in a position to present a Bankruptcy petition against you following the recent delivery of our Statutory Demand".

 

I have not received a statutory demand although interestingly my dad told me that an A4 letter was sent to his address for me about a month ago (he sent it back not at this address) as I have not lived there for 6 years!

 

I am at my wits end and dont know which way to turn, having read through some other posts should I just ignore this letter or should I send a cca?, i'm not sure wether this all started 5 or 6 years ago and don't know if it is statutory barred or not.

 

Can somebody please help as I am tearing my hair out.

 

Thanks

[IdaInFife]

The important thing is too find out if they have issued a SD, you can check this out at your local court.

 

You must try and get this set aside but you need to find out if this is staute barred or not so I would go on the basis that you are disputing the debt.

 

Send them the CCA request which should also supply you with statements showing the last payment.

 

Consumer Credit Act template - Consumer Wiki

 

Include £1 po and sned recorded asap.

 

But more importantly you must try and get the SD set aside

 

idax

[IdaInFife]

You really should start your own thread but you woul dneed to find out at your local court if a SD was issued.

 

 

ida x

[Atmywitsend]

HI

 

Thanks for your advice, if I send CCA and also ask why I haven't received a statutory demand will I still be able to apply for it to be set aside even though I haven't received it??????

 

Any help would be gratefully apprecriated asap.

 

Thanks

[KER]

You really should start your own thread but you woul dneed to find out at your local court if a SD was issued.

 

 

ida x

 

Have alerted my post

[steven4064]

I've moved Kyr's post to a new thread in this forum - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154824-kyr-connaught-collections.html#post1648925

[Atmywitsend]

Hi

 

Thanks everybody for helping, I have an update and another question. I sent cca and got reply return of post saying they had closed their files and were returning it all to 1st Credit. Regarding the SD, I rang the court and they told me that there was nothing lodged with them, I am in the middle of trying to find out wether this is satutory barred or not.

 

My question is this I live in Northern Ireland does this make any difference to the laws? Sorry to be such a numpty but I have no clue about this things. Any help would be greatly appreciated.

 

Thanks

[steven4064]

The Limitation (Northern Ireland) Order 1989, s4 says

Time limit: actions founded on contract, etc.

4. Subject to Articles 5, 7 and 9, the following actions may not be brought after the expiration of six years from the date on which the cause of action accrued—

 

(a) an action founded on simple contract;

which is the same as in England. (article 5 relates to loans with a fixed end point, articles 7 and 9 to injury and death, respectively)

[IdaInFife]

With them returning it then it would be assumed they cannot produce any valid cca.

 

if you need the statue barred letter for future use:

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Mr A N Other

 

just for reference.

 

 

Should they contact in the future and it isn;t statue barred then you can send them the bemused letter.

 

Ida x

[Finlay07]

Just a quick point.

 

First Credit will start the pressure soon so expect a deluge of letters demanding this and threatening that.

 

Be strong and ALWAYS refer to the good people here before you do anything.

 

Many of us have had dealings with this bunch and can probably pre-empt most of their actions. ( I can't believe they still use the same letters from Connaught after all this time). So take it all as a challenge cos you just might win, which, believe me is a fantastic feeling.

 

Keep posting and don't do anyhting without a referal here first.

 

F

[steven4064]

Just one point on limitations - both English and NI law give a period of 6 years. Which Act you refer to in IdaInFife's letter depends on where the account is held - ie which law governs it. I suppose you could always refer to both

[Atmywitsend]

Thanks folks. I suppose I'll just have to wait untill they start bombarding me again. Not good for the stress levels all this, but I'll try to stay strong and will defo post again.

 

Thanks again