Sleepless Nights v 1st Credit

[Having_A_Knightmare]

SN

 

You should have letter in PM

 

HAK

[Sleepless Nights]

HAK

 

Got it,many thanks

 

SN

[Wingus]

I been watching this thread as it develpos, and found it very interesting. This is becuase my debts are in the process of going roughly the same way, though they are not there yet, so i am more or elss researching and seeing what needs to be done. The just in case scenario.

 

Oh, gratz on winning the case, finally some more good news on behalf of the consumer, Consumer 1 - 0 Bureacratic tossers.

[Sleepless Nights]

Thanks Wingus

 

What's your story?

[Wingus]

Nothing special, got about 5 collectors on my back though, all wanting money for something. One is over 6 years old now, and was origionally HSBC, but that one been passed around the houses so to speak, so many times, even i lost track of who it's with..lol

 

There are some recent ones, but i went to CAB as soon as i knew things were going a bit pear shaped. I cut up all my credit cards and stopped all attempts at getting credit. Basically i realised, mabee a bit too late that i was a silly guy to be doing this sort of thing, and i was over my head in what i could afford or not.

 

So i went to CAB and they are currently dealing with things at the moment. However, i dont think all debts have been accounted for, as i can't remember every single one, and if there are more, i don't know what to do, or if they will come after me, or what.

 

I am panicking a bit, cause i dont want to upset the hard work the CAB are helping me with, and i sure dont want another credit card.

 

The only thing i can think of is one debt that i supposedly owe to an electric company, which in theory dont exist, cause it's paid on a pre pay meter.

[smt37]

SN, I applied for costs, but the judge said that as the Respondent had already stated that they had no objections to the set aside, I had wasted my time and efforts.

 

My thread and explanation is here: http://www.consumeractiongroup.co.uk/forum/legal-issues/158408-process-statutory-demand.html

[babybear39]

Thanks bb

 

How's uni?

 

You're welcome SN. Uni's hectic as usual

[42man]

It's still a result to get this set aside....and bear in mind they still haven't provided a CCA !!!! well done SN !!

[miss muppet]

Excellent News Sleepless, never mind about the costs, as 42 Man says, still no CCA and guess what 1st Crud still haven't paid daughter's costs so you are no worse off than her. We informed the court about this a week ago so will be chasing them up about this soon.Hak can I have a copy of your letter to MP?

[Sleepless Nights]

Hi everyone

I hope you are all well & today seems to be an apt day for me to be posting an update with my situation

As my previous posts explain I was issued a stat demand by 1st crud last year & ended up in court wher I was told by the judge that 1st Cruds solicitors (LCS) would not object to the set aside of my stat demand because I was paying 1st crud through my debt management plan. I have heard nothing more from 1st crud, however today I recived a letter from Connaught (sent 2nd class) saying that THEIR CLIENT 1st crud/cf (surely cannot be both of them as cf was 1st cruds client?) have instructed them to recover the overdue amount & understand that i have been furnished with the full details of their clients claim (do they mean the garbage I got through from 1st crud when they were chasing the debt?) & as Connaught are unaware of any reason that payment be witheld they expect full settlement within 7 days

I am just wondering should I hit them with the "I still haven't received the CCA I asked for from 1st crud at the start of August" or the "Well the stat demand was set aside because your client has no objection to me paying through my debt management company"

Any suggestions as to my next move? thanks all

[Sleepless Nights]

sorry guys

forgot to add the bottom bit - In the event of non settlement their client reserves the right to issue legal proceedings (do we think this would be ANOTHER STAT DEMAND LOL)

Can anyone tell me if these lot go to the same thicky school?

[42man]

Firstly report them to the OFT, you'll have seen the recent OFT case on them...If you are paying them through a debt management company, then they should not be pursuing this via yourself (as per the OFT's guidelines on debt collection) I know if it was me I would pay them nothing as they have failed to provide any agreement !!!

[42man]

You are quite within your rights to stop paying them, although this may jigger up the payment plan or the DMP may not continue with the plan...you might have to ask them about this first....

[Sleepless Nights]

Thanks 42 man

should I contact them or go through my DMC? what do you reckon would be best as I think to keep paying would keep the court happy as this was the reason for the set aside being granted

[Lilythepink]

Hi

I have dealt with these two companies, and they told the judge had not kept to a payment plan and had not replied to any of their correspondence. Lies all lies of course, but my SD was set aside by Connaught/1st Cretins, because I would promise not to ask for costs of them. I asked anyway. got none.

But I only pay them £1.00 a month, through my DMC. So if I were you, and were afraid not to pay, I would lower my payment to a token payment of £1.00, and thus satisfying the court and not breaking the bank......

[42man]

No point in using the CCA argument then SN as it seems obvious you aren't going to stop paying them....unless you take it to court like this CAGGER did - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115280-useful-information.html

 

However they are in breach of the OFT's guidelines on debt collection by pressurising you as you are in a DMP...

 

Have you sent a SAR to the original creditor as this will determine whether or not they have an agreement...?

[42man]

What did the judges order say ? My guess is that it was not conditional upon you paying...no agreement, NOT ENFORCEABLE !!!

[42man]

Common sense should prevail here !!! No statements (excessive charges), no default notice in the prescribed format (and must give 14 days) no agreement too...1st Credit took me to bankruptcy on the back of a letter saying YOU OWE US THIS !! even when I got it annulled and the BR thrown out they still had not provided ANY OTHER PAPERWORK !!!

[Enron]

Seems to be something of a little triangle here between Citi, 1st Credit and Connaught.

 

You'll be very unlikely to get a copy of your CCA from Citi as they are refusing to give them out to their customers let alone through a DCA...

 

Gonna PM you.

[Sleepless Nights]

Thanks guys

need to check what judges order said 42man

must say this is a lot easier 2nd time around, remember what I was like a few months ago with 1st crud LOL

 

My main question is - can I tell Connaught that debt is in dispute if I am paying monthly through DMP or will it make me look stupid as they can point out that if it's in dispute why am I making a monthly payment

 

Still waiting for copy of CCA from 1st crud which was requested about 5 months ago & still never received