OMG Connaught/First credit SD**WON-Setaside plus costs**

[MONX]

HAK

 

Rec the SD mid July or thereabouts, sent CCA and SAR a couple of days later and applied to have the SD set aside a couple of days after that.

 

About two weeks after I rec the SD I got a letter from Connaught (2nd class post) saying that they were going to make me bankrupt the next day I sent a snotty letter back saying I had applied to have it set aside. I got a reply one week after that (first class post) saying that they werent coming.

 

I am not giving exact dates for prudence sake, there are a lot of "guests" around if you get my drift.

[Having_A_Knightmare]

Cheers Monx

 

Ive got a SD hearsing shortly and have not heard out from CON.

 

Maybe thay are going to come??

 

Any thought

 

HAK

[MONX]

How long ago did you apply to have it set aside?

[42man]

Interesting thing despite them saying they wouldn't come I don't think they actually said they were no longer pursuing the SD did they ?

 

You'll be fine HAK....

 

Remember to quote this brilliant piece that Monx found...

 

As a lone parent (could replace with low income family here HAK !!!) 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).

[Having_A_Knightmare]

**edit**

[Having_A_Knightmare]

Thanks All for the support.

 

HAK

[MONX]

The letter from Connaught said:

 

We write further to your Application to Set Aside a Statutory Demand dated ******.

I confirm that we have written to the court confirming that we are willing to set aside the SD and would advise you that it is not our intention to attend the hearing of the ********. You see, here I think they realised that the debt was statute barred and they wouldnt have a leg to stand on and also I dont think they thought I would fight back so I think the SD and the letter after that was just wind and bluster.

We would also inform you that our files have been closed and returned to Ist Crapit Ltd. Yellow streak a mile wide!

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

Firstly there was always the confusion as to who was the "creditor" or DCA here as letters were from connaught but SD from 1st crapit and although I understand they are the same company I never really got to the bottom of that one. Secondly I think that they decided not to show or defend the SD as they knew that it wouldnt stand up and not only would I win but they would have a long train journey from Reigate to Yorkshire to get there. It may just be that your hearing is nearer to them.

 

I am not sure of the details of your SD but what grounds are you having set aside on?

 

Have you had any other letters from them since the SD?

[MONX]

Well, costs have not turned up so far - the judge ordered that they pay me by 22nd which means that if they had any intention of paying me I would have recieved the cheque today at the latest.

 

Anyone have any suggestions as to what I do next.

 

I was thinking of letting the judge know on Monday but not sure how to go about it - do you think I should send a letter to First Crapit and send a copy to the judge?

[babybear39]

Yes, and ask the court for bailiffs to attend

[mr.ton]

Tell them that one of your representatives will call round to collect personally

[babybear39]

Nooooo. Let the court do it, they add charges

[MONX]

I would love to be a fly on the wall when a court baillif turns up to collect payment!

 

You know what they say....payback is a bitxh!

[babybear39]

Another member had to have court bailiffs collect from 1st crud a while ago

[MONX]

Really

 

OMG! do you have a link to the thread, I am obviously going to have to bone up on this one if this is how they are going to play?

[babybear39]

I can't remember which one it was sorry. You don't have to do anything except notify the court MONX

Edited September 20, 2008 by babybear39
spelling

[noomill060]

subbing

 

nice one.

[ODC]

You could go along to the Credit Today awards and ask Uncle Bob for it in person. If he refuses there are plenty of his low life buddies who would be prepared to chase it for you

[c4currenc]

Dear All,

 

first of all I am technophbe so sorry if I am posting out of turn and also this is my first post.

 

I have just received an SD this morning from 1st Credit, and I have absolutely not a clue what it means or what to do so any advice would be most grateful.

 

I am in a DMP with Harrington Brooks, and so far it has been working out - I owe a lot of money to a lot of people due to a massive change in circumstance.

 

Anyway, up until now HB have been handling everything for me, but this letter has blown me of course.

 

Reading the forum in panic this morning, I seem to perhaps come to little to late. I have however just sent off for a copy of my CCA this morning but fear this will not stall or doing anything to remedy my situation.

 

has any one got any helpful advice or suggestions?

 

I will send the letter to HB, but I would rather be in control of this myself.

 

Many thanks and sorry for the in correct post.

 

if anyone wants to e-mail please do so as I am not really a whizz at this site (which is excellent)

[MONX]

OK

 

Firstly you need set up your own thread so people can follow your claim/case from start to finish and also no one's circumstances are the same so in order for people to help you they need to post on your thread.

 

 

Copy your post and go back to the Debt collection forum thread, at the top and bottom of the list of threads is a "post a new thread" button if press this which will open a new box and paste your post, You need to start the post with a heading for example "c4currenc v first credit stat demand"

 

Hope this helps!

[creditcardmug]

I thinf you have to pay a fee to get an enforcement order first..unfortunately

[babybear39]

Yes I think you're right CCM but it's worth it to have court bailiffs attend a DCA for non-payment and it's added to the bill so you get it back

[creditcardmug]

Yes I think you're right CCM but it's worth it to have court bailiffs attend a DCA for non-payment and it's added to the bill so you get it back

 

Absolutely!!.. and i cant wait to hear the details when it happens:evil:

[The GodMother]

but you have to wait till after your post has been monday as they may have posted it either yesterday or today.

[42man]

If you're going to send a bailiff in to collect Monx...might be worth having a chat with the local BBC station too....

[42man]

You could of course send them threatening letters stating things like CCJ's, bailiffs, attachment of earnings....etc....or write to them stating for every letter you have to write to them you are charging them an extra £25