1st Credit/connaught Stautory Demand - HFC card?

[Pimlico]

can anybody help me I am tearing my hair out here and dont have a clue what to do! I received a statutory demand from Connaught Collections and the time has expired ie the 18 and 21 days. I have been ill off work for about 20 months and have not been able to pay because I dont have an income. I sent a letter saying about my illness and a letter from my doctor. Im not actually sure what ths dbt is I think it could be for HSBC online credit car but not sure. Connaught collections latest letter is as follows:

 

Dear Bla Bla

 

Re: bankrupcy action 1st Credit Ltd HFC Outstanding Debt £XXXX.XX

 

I write to inform you that we are now in a position to present a Bankrupcy Petition against you following the recent delivery of our Staturtory Demand.

 

As you have chosen to either ignore the Statutory Demand or demonstrate an ability to pay the sum claimed, you leave us with little alternative other than to present a Petition.

 

Once a Petition is issued I should point out that the amount payable would increase with expenses, fees and costs including those of the Trustee following the Bankruptcy.

 

The Trustee will be invited to liquidate you assest/estate e.g. property, with a view of settling this matter.

 

A copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made on our part gto avoid this intended action.

 

Yours sincerely

 

 

Mr R maggs

Insolvency Department

 

 

Edited August 23, 2008 by Pimlico
too much info

[pt2537]

Oh dear, why did you not seek advice before the 18 days expired?

 

I will ask someone who has been through the Bankruptcy process and won to look in to see if there is any advice that can be offered

[Pimlico]

Hello pt2537 thankyou for replying to me so quickly.

 

I went through a debt adviser from the local council and he said that he contacted contacted Connaught and they had agreed not to do anything.

 

He told me in the meeting that the statutory demand may not be valid because it didn't have my local court details on it but theirs.

 

The debt adviser is very busy quite understandably but reading through some of the things on CAG I think he should have helped me to get it set aside or at least something in writing from connaught collections.

 

I have had mental health issues for the past 20 months or so and the adviser has been helping me with this.

 

He was arranged through the local NHS mental health trust.

 

I am alot better know than I was and able to take on some of these things to get them sorted out and i am hoping to get a little job shortly so that I can gain some confidence back.

[madjenny1]

How was ithe stat demand served? in person by server or through the post? if it came through normal post, you might be able to fight the petition by saying you didnt receive the stat demand. I am sure someone will be along shortly to confirm this. gl

Edited August 19, 2008 by madjenny1
change wording

[Pimlico]

thanks for that madjenny1, the only thing is the debt adviser for the council phoned them so they know i've had it, but i dont think he confirmed the date of when i received it from them. The Stat demand was sent via the normal post and not recorded delivery or anything. if i was going to fight it what do i need to fight it on? thanks for your help i am really grateful.

[madjenny1]

I found this on another debt site for you, hope it is of some help before someone else comes along who can help you.

 

IF the creditor does go ahead with a petition, then they have to present a sworn affidavit to the Court to certify when and how the Demand was served, which they obviously can't do if they just posted it (or at least not without perjuring themselves).

[Pimlico]

Thanks for that it sounds good to me. I am really grateful to you for the help I am begining to think things might not be as black as I thought

[madjenny1]

your very welcome, I know all too well how worrying this stuff can be. The guy that posted the above information is a lawyer that helps out on a different site, so as far as I am aware and from other stuff I have read on this site it is correct. I am sure someone else will confirm this that knows more than me. Good luck to you. let us know how you get on.

 

Ps. have a read of this too

 

Point 2

Besides all the foregoing, the creditor at present would be unable to verify on oath when the SD came into your hands. Being unable to do this prevents the creditor from fulfiling the requirements of rule 6.11.

 

rule 6.11 says:

(1) Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit or affidavits proving service of the demand.

(2) Every affidavit must have exhibited to it a copy of the demand as served.

(3) Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service.

(4) If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit.

(5) If neither paragraph (3) nor paragraph (4) applies, the affidavit or affidavits must be made by a person or persons having direct personal knowledge of the means adopted for serving the statutory demand, and must—

(a) give particulars of the steps which have been taken with a view to serving the demand personally, and

(b) state the means whereby (those steps having been ineffective) it was sought to bring the demand to the debtor's attention, and

© specify a date by which, to the best of the knowledge, information and belief of the person making the affidavit, the demand will have come to the debtor's attention.

(6) The steps of which particulars are given for the purposes of paragraph (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition.

(7) If the affidavit specifies a date for the purposes of compliance with paragraph (5)©, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor.

( Where the creditor has taken advantage of Rule 6.3(3) (newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit—

(a) the means of the creditor's knowledge or (as the case may be) belief required for the purposes of that Rule, and

(b) the date or dates on which, and the newspaper in which, the statutory demand was advertised under that Rule; and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand.

(9) The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2).

 

You will see that included in the strict requirements of rule 6.11, the court still has power to decline to file the petition if not satisfied the creditor has discharged the obligation under 6.3(2).

 

We know service was by 2nd class post. Service that way doesn't discharge the obligation. A petition is not going to get past the filing clerk, UNLESS service can be established by some other way, ie (a) because you wrote to them acknowledging service or (b) you said so in an application to set the SD aside

Edited August 19, 2008 by madjenny1
more added

[Pimlico]

Hello madjenny1 thank you again for your help and the info. Do I try and get the sat demand set aside or do I just ignore it? If I try and get it set aside what might I need to say? I;m sorry to be a pain but I am hopeless when it comes to this sort of thing. Your advices would be appreciated. Thanks

[42man]

OK Pimlico.....in the first instance send off for a request for your Consumer Credit Agreement (providing this alleged debt is for a credit card or a loan. (do this as soon as possible) send letter 'N' off to Connaught with a £1 postal order enclosed and send it by recorded / guaranteed delivery. You can find letter 'N' here. DO NOT HAND SIGN THE LETTER. - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[42man]

I also have to ask...when was the last time you made a payment towards the debt ? or acknowledged it ?

 

It would seem to be one of the 'false' statutory demands that Connaught seem to throw around, however do not ignore it, although it is difficult now as the 18 days has elapsed... BUT I would ring/visit your local court, and enquire whether anything has been lodged with the court....if it hasn't, ask them about the legality of these demands....one guy was told a couple of days ago on receiving one of these false demands to take it to the magistrates court as it is an abuse of process....

 

have a read here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/103839-cca-1st-credit-connaught.html?highlight=HAK

[Pimlico]

Hi 42man

 

Thank you for your help. I will send cca request this morning. I havent paid a penny on this for at least 12 to 14 mths since I havent had any income and have relied on my family for support. I appreciate your links and it is very helpful in getting my mind around all this and getting things in perspective. I will go to the courts in the morning (got Marston Bailiffs coming round today on another debt matter so I want to be about just incase they try and break in). I'll keep you posted Thank you again for your support. Pim

[honey5]

hello Pimlico just dropped in to offer you my support and to say Im pleased you are getting your questions answered, good luck, hope all goes well

 

honey x

[Pimlico]

Hello Honey OMG this is brilliant and you were wonderful yesterday with all the support you gave me. As you can see I am getting some good advice here and I actually managed to get a peaceful nights sleep which is amazing since I am bordering on the edge of bankrupcy! I am just waiting for Marstons the High Court enforcement officers to turn up as they promised to today (for another debt) but as yet they havent. I am prepared I think cos my 2 kids (5 and 6 Yrs Old) are about so I dont think they can enforce anything but I'll keep my doors and windows locked all the same and I have moved my car which has an HP on it thank goodness. Best to be safe than sorry! I really do appreciate your help and if you were here I would give you a big hug! Anyway, seeings you aren't I made a small donation to CAG yesterday instead! Thanks again I'm going to see if I can learn a bit more about this site so I am not so useless at finding out info.

[42man]

You MUST go to the court to get the stat demand set aside, but make sure you claim your costs too.....it is far easier to get it set aside at this stage than to fight a bankruptcy petition....

 

You need to do this as soon as possible.....

 

Dispute on the debt due to non production of the Consumer Credit Agreement pertaining to the Consumer Credit Act 1974

 

Dispute the debt due to excessive charges also

[Pimlico]

hello 42man

 

is there any standard template that i can use to get the sd set aside. I can get to the court ok but I am lost about what to put in application or what costs to claim

[42man]

I request the statuttory demand is dismissed/set aside due to the dispute of thise debt.

 

1) Failure to provide a copy of my Consumer Credit Agreement under the Consumer Credit Act

 

2) Excessive charges that have potentially been added to the account.

 

3) I would gracefully request the court grant my costs against the claimant.

 

I believe the facts herewith in this form are true.

Costs are £9;25 per hour litigant in person

Postage and parking added too...

 

2)

 

Use the forms from here..

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

[Having_A_Knightmare]

I tell you I am getting really mad with Counaughts and there SD.

 

42 Man-CAG we need to put an end to this and get our heads together and get this in the public knowledge. Anybody got any good ideas how we can do this.

 

HAK

[Pimlico]

Gone

Edited August 23, 2008 by Pimlico
Too much info

[madjenny1]

So the SD was a valid one then? how did you find that out? and if you have nothing why are they going to proceed with a BP against you?

[Pimlico]

xxxxxxxxxxxx

Edited August 23, 2008 by Pimlico
I was stressed out