Ist credit sd for a cc debt of 4k+... help please!

[Hedman87]

Hi, I have received a hand delivered sd from 1st credit (posted through letterbox when at work) for a cc debt of 4k+...

 

Now from reading on here, I am sure I need to get a CCA request off to them asap...

. What I am a little unsure of is below. I am a homeowner btw.

 

1. Is setting aside the SD not always a good thing, I have read on here that is acknowledgement of reciept etc?

 

2. I have also seen it said numerous times that an SD for over £750 must be set aside if you are a homeowner.

 

Hope someone can make this a little clearer, although from what I have read it maybe one for me to make the call on.

 

thanks

[fiftypence]

You say the SD was hand delivered, was there any stamp or franking on it? If there was some kind of postal mark then it was obviously delivered by standard mail, and if so the threat is slightly diminished as the DCA has not bothered to get it properly served by a process server, that costs money, by sending it in the post the whole document has cost them about 35p. If it was delivered by a process server then they are more serious about this and you need to go down the set aside route. There are plenty of threads on here about people getting set aside hearings and winning their costs off the DCA.

 

I have received 2 SD's and chose to ignore them (they were both posted) I was threatened with bankruptcy so I CCA'd the DCA's and they closed the files. Both my debts were for accounts which had been opened quite a few years ago and so the paperwork trail had gone dead fortunately.

 

There are a number of DCA's, and 1st credit I believe is one of them, who are posting SD's out to scare people into paying up, its an obscene abuse of process but by getting the SD set aside you can at least go for your costs and many people have been successful in doing that.

 

As you say it your call whether you acknowledge the SD by going for set aside or ignoring it and seeing how they follow it up. One of the risks of ignoring it is they may just follow up with a petition for BR, in my case they sent letters threatening to petition for BR but the CCA was enough to put a spanner in the works.

[surprise]

1st Credit have gone Statutory Demand mad. If you search 1st Credit you will find loads of information out. 42Man has also posted how to get it set aside. Our case comes up on 12th December with them. I can't recall 1st Credit hand delivering any they have all come by regular mail.

[saintly_1]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/116591-1st-credit-stat-demand.html

 

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

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/151149-help-pls-process-sd.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/103839-cca-1st-credit-connaught.html

 

 

Have a read of the above threads

If the SD was hand delivered then I would think about getting it set aside for this you will need Forms 6.4 and 6.5 from here Forms

 

 

saint

[Hedman87]

thanks-it doesnt have any franking that I can see, it has feint orange marks on the front is that a form of franking? it also has a undelivered address on the back.

 

They seem to have been pretty qucik in issueing the SD, my feeling is get it set aside.

[fiftypence]

They seem to have been pretty qucik in issueing the SD, my feeling is get it set aside.

 

 

That's certainly the safest option and you may well get some dosh out of them for your troubles

[Hedman87]

I must have a read and prep for putting this aside me thinks cheers

[fiftypence]

There's tons of good info on here, if you get stuck just come back on this thread and ask any questions. If you get a result also post it up here too. Good luck!

[42man]

Hi Hedman....some great advice already above - firstly keep the envelope...with regard to the stat demand you have 18 days from receipt to file the forms 6.4 (set aside) and 6.5 (affadavit)....and yes send out the CCA ASAP...(rec delivery with £1 postal order and don't hand sign)....

 

You can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

Ring your local county court to check they handle bankruptcies/insolvencies if they don't they should be able to tell you which court nearest to you does...

 

Once you have filled out the forms take them to the court and ask them to 'swear in' in you affadavit (usually free at a local county court, £5 at a solicitor or £12 at Central London courts).....

 

As usual, they are issuing stat demands on the back of a letter saying 'you owe us this'...you need to substantially dispute the debt, whether it be an abuse of process, non prodution of the agreement within the prescribed timescales, non production of compliant defaults, non production of statements (excessive charges) etc...

 

You might find this thread useful too - http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

And if Mr Silcock is the name on the demand....you try ringing him (don't speak to anybody else but him) !! this is why - (log all your calls) - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

[Hedman87]

thanks

 

mmmm interesting thread by x20, this highlights the problems with setting SD's aside, ie being able to prove properly that it should be.

[Hedman87]

cheers, does the orange markings mean its been through the postal service?

[fiftypence]

Can you scan the envelope and post it here?

[surprise]

As it was not actually placed in your hands and was picked up you can honestly say it was not served. This is the first question we got asked when we went to Court to swear the afadavit. On the form it asks the date it was served - just put arrived by date. I would say that it has been posted, I cannot see the point in any one just pushing it through the letterbox after making a journey to serve it.

[Hedman87]

going to scan the envelope when I get chance, but there doesnt appear to be franked. Unfortunetly I didnt get anyother post that day which meant that I couldnt tell if it was the postman. I was fronted by a you owe us letter.

[42man]

Sounds to me like it has been posted..orange markings I think are to confirm the envelope/postage mark has been used..

[wotnot]

Hi Hedman, just quickly scanned your thread and i dealt with the same matter for someone I know. Here is the thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115700-statutory-demand-under-section.html

 

Most of what you need has already be given by others but if I can be of any help let me know, I still have all the paperwork.

 

Good luck

[Hedman87]

cheers, I have sent cca, but now unsure whether to set aside SD...I think I may have to.

[Hedman87]

hi everyone, I have just received another statutory demand from 1st credit, (same account as above) sent by interlink express. Its says on the front this needed to be signed for, but it was just put through the door as normal.

 

Now previously after not hearing from them I left it until now,I am pretty sure I received a letter back from them saying they needed to refer it back to citibank....but I don't think I can put my hands on the letter. Can I assume date of service is the delivery date received?

 

What advice would you give with regard to their latest attempt?

[harrassed senior]

Did you set aside the previous SD?

[Hedman87]

no in the end I didnt.

[MONX]

As you already know from your first SD, there are two trains of thought on CAG, one is to ignore it and the other is to set it aside.

 

As it was posted and no signature obtained they would find it difficult to prove it had been served. However, some argue (myself included) that this is not enough to scupper their attempts at getting a petition for bankruptcy as all they have to do is show the attempts of a "process server" and a letter trying to make an appointment with you, not that I would accuse a DCA of fabricating paperwork in order to aid debt collection () If the judge is satisfied that the DCA has done all that was possible to serve you then they can accept royal mail postage (ist or 2nd class) as acceptable.

 

There are other caggers believe verhemently the opposite and have successfully ignored SD's and have not had anything bad happen.

 

Ultimately the choice has to be yours, ignore or set aside?

[Hedman87]

cheers, this is the decision I had to take last time..... I need to try and find the letter from the original DCA saying they could not provide any documentation and referred it ghback to the original creditor. Am I right in thinking that it actually costs the DCA quite a lot of cash to go after a bankruptcy?

[MONX]

I believe it is around £1500!

 

It costs them about 35p to download the SD from the internet and post it to you, though if you arent clued up could reap them dividends! You can understand why they do it cant you?

[Hedman87]

yip especially if they have acquired the debt for pennies.