Stat Demand 1st Credit

[bladeboy]

Today I received a stat demand from 1st Credit. It's with a letter saying please contact us to avoid the bankruptcy.

 

To date I have sent them many letter asking for details of their bank so I can set up a direct debit payment schedule in line with pro-rata offers to other creditors. They have ignored all these letter and them claimed that I have ignored them.

 

The so-called stat demand is not on any formal court papers. It just appears to be an extention on the letter itself with a variety of formal statements.

 

To date I have not CCA'd them. Should I now send the CCA request off as a matter of urgency? Thay have asked me to call them to find out which court the SD will be served in.

 

Should I make them a full and final offer? This would be to the detriment of the other creditors however.

 

Will scan the paperwork in and post it on here.

[bladeboy]

Bump

[maroondevo52]

Hi, bladeboy.

 

This 'link' might help...............

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

Regards.

 

Scott.

[saintly_1]

What is the debt for ..... creditcard/storecard/loan/overdraft ?

Are there any charges on the debt ?

When was the last payment/written acknowldgement of the debt by you?

 

 

The reason they want you to phone them is so they can strong arm you into making a payment to them.

 

You will need forms 6.4 & 6.5 from here Forms your local county court may deal with the set aside

[bladeboy]

Right, thanks for the help so far.

 

The debt is a 'Goldfish' credit card. The last payment was made via Giro Slip at the bottom of the statement sent out to me - last payment was probably paid about 2 months ago.

 

When 1st started writing I asked them to confirm their status ect because I hadn't received anything from the previous handler that they were acting. They have ignored all written correspondence and sent out the usual 'stop ignoring us, call us' letters. There is no breakdown of costs or charges so I don't know.

 

Questions:

 

1. Is the issue of a CCA request after the receipt of the SD fatal to the process in terms of potential set aside?
   
2. Would the matter necessarily be heard at my local county court or would I hav to travel to where they issue?
   
3. Property is motgaged to the tune of £155,000 - had a valuation of £138,00. Is it worth pointing this out to them.
   
4. If the process goes to court and they do turn up, would a time order be granted should I be able to raise the finances within a couples of months?
   
5. Would this be allowed if it prejudiced the interests of other creditors even though they did not form part of the process at that point.
   

Many thanks guys.

[surfaceagentx20]

It came by post right?

 

If so, read this.

 

As to your questions:

 

1 a CCA request may be linked to the receipt of a SD as evidence of the receipt of the SD

 

2 An application to set aside a SD or to hear a bankruptcy petition should be heard at the county court having bankruptcy jurisdiction over where the debtor resides or carries on business.

 

3 Provided you mention this off the record, yes.

 

4 A petition may be adjourned and often is at the debtor's request for the purpose of enabling the debtor to discharge the debt. However, the likelihood of your being able to raise finance post presentation of the petition is poor in my opinion. An application to adjourn on the prospect the debtor might raise finance would be refused. A loan to the debtor would simply add to his liabilities and result in the debtor preferring his petitioning creditor to his other liabilities (like the lender).

 

5 See 4 with short answer 'no, not allowed'. Preferment of one creditor over another (ie preferment constituing prejudice) would be a preferment likely to be set aside in the bankruptcy in order to achieve equality of status between those creditors sharing that status.

 

x20

[bladeboy]

So, what do I do here then?

 

I have a CCA request prepared and have not made any mention of SD receipt - it's just a plain and simple CCA request - send it or not send it?

 

With reference to showing evidence of my negative equity, presumably this should be sent without prejudice along with why haven't I heard from you? Should I also outline my total debt? In the scheme of things 1st Crud are way down the list and if they petitioned for BK they would end up with nothing.

 

I am in a position to pay about or just over 50% of the claimed debt. Would it be wise to send such an offer without prejudice?

[42man]

Send off the CCA request ASAP.....

 

Have a read of these too -

 

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

 

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

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157201-statutory-demand-capquest-425-a.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/151427-miss-muppets-daughter-1st.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/162646-urgent-help-needed-1st.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156199-sd-capquest-hearing-listed.html

[42man]

If it was me in your shoes, I would apply to get it set aside within 18 days of the receipt of the demand, and claim back my costs !!!

 

All they have sent you is a letter saying 'YOU OWE US THIS' then they have the nerve to send you a demand without providing....

 

No Agreement (that has to contain the prescribed terms)

 

No default notice in the prescribed manner

 

No notices of assignment from the alleged original creditor or from 1st Credit

 

No statements for the duration of the agreement (excessive penalty charges ???!!)

 

No doubt Mr Silcocks name is on there - you try ringing him and you will never get through !!! Read this -

 

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.

 

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

 

Generally the judiciary do not like the Insolvency service being used as a tool for collecting disputed debts.....

 

As a lone parent/low income family 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).

[42man]

If you need any help just shout !!!

[bladeboy]

Sent off the CCA request Ist class recorder delivery today.

 

Should this be sufficient to give the alleged debt disputed status for the purpose of a set-aside.

 

It might alos be worth submitting a SAR for the account because 1st crud have not provided a breakdown of the debt in terms of charges and the like.

[42man]

It has to be a substantial dispute / disputes....the CCA is one of them however if you look at post number 9 above, that gives others....

[bladeboy]

Completing the forms, hoping to get them 'sworn tomorrow.

 

As part of the defence, is it worth quoting the breach of the Insolvency Regs?

[42man]

Have a look here Blade.....I have given this cagger a full defence - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/169354-1st-credit.html

[bladeboy]

Thanks mate, will have a look and post my defence here for you to have a look through.

[bladeboy]

Nightmare,

 

Just phone the local county court and spoke to the part-time clerk who usually works in family law.

 

She asked which court is named on the SD.

 

There isn't one named, the only instruction is that I phone them to find out on the following number blah blah.

 

Do I have to phone them?

 

Right.

 

The clerk said that without a named court she could not accept the SD set aside!

 

I got the feeling she didn't know what she was on about to be honest.

[bladeboy]

Sorted,

 

Juts spoke to the Insolvency Clerk who stated that I need to go to my local court and they will swear and sort it.

 

Have about a week or so now to get the forms in.

 

Will post draft defence here and await your comments.

 

Thanks all

[saintly_1]

If your local court deals with stat demands then there should be no problem having it set aside there

[saintly_1]

posts crossed in the sending

[bladeboy]

Quick question. In my set aside narrative, should I state that the CCA hasn't been provided within the time scale anyway regardless of the deadline for them to have provided it having passed by or not?

 

What I am saying here is that in order to get it into the court as soon as possible I will be submnitting the defence sooer than the deadline for CCA production.

 

Or, should I submit the set-aside after the deadline for the CCA production - this will, however, be cutting it fine in terms of timescales.

 

Is there any merit, per-se, in submitting a set aside very early after alleged receipt of the SD?

[42man]

Taken from this thread - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/169354-1st-credit-2.html

 

 

The alleged creditor has not supplied a copy of my Consumer Credit Agreement with the prescribed terms.

 

Under section 78 (1) of the Consumer Credit Act A formal written request for any true copies of signed consumer credit agreements was sent to XXXX. via guaranteed delivery on the (insert the date on the recorded delivery slip here ) (see attached document 1 – you need to copy the letter and the recorded delivery slip (take copies one for the court and one for you ) – to date they have not sent any copies of any Consumer Credit Agreements and are in default of that request under section 78 (1) of the Consumer Credit Act

 

believe there are no properly executed signed Consumer Credit Agreements. If they had been able to supply these agreements then they would have done so already

 

[42man]

By the time the hearing takes place they will have defaulted....even if they try and provide one before, then it has to have the prescribed terms...!!

[tiokim]

I have asked 1st credit for my Goldfish CCA 3 months ago, total silence since. I am still sending my token payments direct to Goldfih card

[bladeboy]

Off to court today for the documents to go in.

[RetiredLawyer]

Hi Guys

 

First post for me!

 

Don't ignore a Statutory Demand ("SD") - it will not go away.

 

I had an SD from 1st Credit. Followed by a BP. I lodged an application to SA (which the court lost) so I ended up defending a full BP!

 

The first hearing was adjourned. I produced a VERY substantial skeleton argument for the defence. Also ,and equally importantly, 1st C had sent me a letter when they first took on the debt (from Halifax). That letter said the debt had been assigned to 1st Credit Limited.

 

The trial bundle included a copy of the same letter, but this time the assignee was described as 1st Credit (Finance) Ltd - but they hadn't even changed the letterhead details from 1CL. Now the Petitioner was 1CF Ltd - not 1CL. Luckily I had a copy of the original. The District Judge was NOT impressed.

 

Result = I won AND was awarded costs against 1st C! I'm waiting for the cheque that I plan to frame!

 

Now that's what I call a proper result. And the amount? Around £9,500.

 

The DJ said that he was seeing an increasing number of these kinds of actions - companies going straight for the SD / BP rather than launching a CC claim. He was clear that if they proceeded in this way they must accept the risks and the consequences.

 

Good luck all!