Connaught Stat Demand - help appreciated - *** WON + COSTS ***

[scratcher]

hi there. firstly nice one to the cag forum – it is truly an amazing place for knowledge. this is my first post so bear with me if it’s in the wrong place etc.

 

basically have a load of debts some of which have been defaulted. all relate to loans/overdrafts which I could not repay in 2006 due to the loss of my job. i tried to make an arrangement with the original creditors and get charges/interest frozen. i then started paying £1 a month for a while. i moved house at the end of 2006 and informed the original creditors. after a while I must admit that I stopped paying as per my arrangement as I got frustrated that the amount I was paying off was nothing compared to how the debt was growing. I heard nothing since then until..

 

i recently (8 dec 2008 ) received a Stat Demand from Connaught for over £2k. it was only from reading these posts that I've realised how serious this could be and so need to get on it urgently.

 

these are the things I am hoping to do:

 

· go into court tomorrow with application forms to get my affidavit sorted and then submit my application to set aside the Statutory Demand.

· write to connaught and explain that I have done so, requesting that they withdraw the stat demand

· send connaught a CCA request to find out what the debt is all about

 

if anyone has any advice about what my reasons for a set-aside might be I would be very grateful.

I have not got the original envelope but I did receive the SD a few days after the date it has on it (8 dec 2008 ). It is not a signed SD but has PP initials on behalf of a Mr D Silcock. I am worried the court may not even be open this week.. the creditor is 1st credit and the original creditor is HSBC in this case..

by the way, altho I am aware of having an hsbc debt it was less than £2k (they are stating it is more than £2k) last thing I knew..

so basically any advice or pointers or links to templates would be much appreciated. nice one.

[bladeboy]

i recently (8 dec 2008 ) received a Stat Demand from Connaught for over £2k.

OK, so in theory you have to get the set aside application in by this Friday but from what you've said they have arrived via conventional post rather than in person via a process server and all that? Let's get this straight, have you received two SD's? One from Connaught and the other from 1st Crud? On that basis (they will not have proof to the contrary) you could say it turned up a bit later if you like.

1st Crud virtually always send theirs out ordinary post which is a flagrant breach of the insolvency rules, but hey, no one in government seems to give a sh*t so they will, like the rest of the industry, abuse the process with regularity.

OK, get the CCA request off now and send it guaranteed/special delivery. Keep a record of the post number so you can check on the Royal Mail website that it's been signed for.

Download the set aside forms from the Insolvency Service website and start drafting what you are going to write. Google it to get the address.

DO NOT cut/copy/paste sections of previous posts from here. Recently 1st Crud (or their representatives) turned up for a hearing and went onto the Judge about how people were lifting, verbatim, sections from these 'pesky consumer type forums' and unfortunately the Judge accepted their argument -what difference it makes where you do your research is beyond me but there you go.

Are you aware if any illegal charges are being ot have been added? If so you can dispute them and hence the account itself.

I dare say 42man will be able to offer more guidance but all the case law is on here so do you research and put the set aside in your own words.

Keep us updated.

[scratcher]

nice one.

 

yeah I saw about the judge so I am now going through and 'individualising' my affidavit - or someting..

 

i just looked through my bin to see if I could find the envelope but no joy. I am sure I didn't get the SD until last Monday 15 december but it is dated 8 dec 2008.

 

basically there has been nothing other than letters. one from connaught dated 27 Nov saying it is their intention to issue a SD and then the one from Connaught on behalf of 1st credit dated 8 dec with the actual SD.

 

i have no idea whether this debt is related to one i actually know i have with HSBC as the amount is over £600 more than what i was aware of. could be charges therefore. but if it is the account I used to have, it was an overdraft for £1500 that took off when I lost my job and will have a lot of charges on it..

 

can i just say I dispute the debt claimed without having to say any more - would that be enough to get it set aside do you think? in the meantime i will CCA request them to see if they actually have an agreement etc.

 

thanks for your help and all the other comments you have posted elsewhere - i will be reading into the night! nice one.

[bladeboy]

Ignore the date on the actual SD. If they can't be bothered to issue them properly then you have some deserved latitude when it comes to when you say you got it.

 

Just for your info, it cost them roughly £1,200 to petition for your Bankruptcy.

 

What they really want is for you to get on the phone, preferably crying, so they can bully you into paying far more than you're able to (they don't care), admit the debt fully on tape (thy will be recording) and thay also don't give a monkeys about you showing them preference over other creditors.

[scratcher]

no way.. too much good information on here for something unfortunate like that to happen! thanks again.. will keep people posted.. how do i attach any documents i make?

[42man]

You've probably seen some of the threads in here....but potentially you can add a variety of things on to the stat demand.... - have a look through some of these in here - repaying the debt is not a reason to get it set aside http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

If you need any help please shout....

[Filmfan1]

I have also just recieved a SD from connought collections - its a proper one not a computer generated one , I am also with the cccs and will be calling them tommorrow , however before 1st credit transfered the debt I CCA'd them and they still have not responded , should I CCA connought collections as well ? They have also sneakily sent it out over the holiday period so will the 18 day rule on setting aside still apply?? None of my other creditors have been like this and its beginning to really annoy me surely it will cost them around a grand to take to court ? Why do they use this methods? can I complain ?

after all I am doing all i can to pay off my debts ...

 

I have just rung the CCCS whom I have a DMP with and she said dont worry connought are the worst DCA for doing this its a scare tactic to make people pay more - she told me to CCA them which I have , I cant believe they can get away with it . I originally CCAd 1st Credit who passed it to connought - now this was done in July - they did respond saying the original afreement will be sent ASAP - as of this date still no CCA agreement !!

 

Thanks ( this is my 1st post by the way!! )

[42man]

ff...welcome to the CAG forums....is it possible you can start a new thread ?

[maroondevo52]

42man,

 

I'll use Filmfans duplicate post on another thread to start a new thread for them

 

Regards.

 

Scott.

[scratcher]

nice one for the info. i went to court with my apoplication to set aside. i did it in a bit of a rush so i hope it's ok. thinking back though i only signed the affidavit and not the other form. don't know if that'll be a problem.. i also sent my CCA request to connaught.. i am not admitting the debt. i made a point that the SD had no signature - just pp on behalf of someone. Also that no-one attempted to contact me in person before the SD came by 'regular' post. also there was no way for me to identify the debt - all they gave was a figure and no other references. i did mention that I had not yet received a credit agreement, but to be honest, I've only just sent for it. feel like i had to rush a bit due to xmas and deadlines but thanks for tall the info here, i wouldn't have known where to start otherwise.. any comments welcome..

[lookinforinfo]

Take a look at this thread and send off your complaint to the OFT

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/174579-important-info-about-connaughts.html

[scratcher]

Just an update...

 

I did receive a letter back from connaughts in reply to my CCA request within the 12 days but they apparently don't hold this information in their office and are asking 1st credit and HSBC for it.

 

In the meantime I received a hearing notice for XXXX county court - XXXXX - for 20 minutes..

 

Don't really know where to go from here. Any advice would be appreciated..

Edited January 14, 2009 by scratcher

[42man]

OK scratch, thanks for the PM, what did you put in your affadavit.....don't forget to submit your costs to the court 24 hours before the hearing (or at least fax/post them so they will be in the court at least 24 hours before).....judges can vary, but as long as you at least know what is being said you will be fine....take a good read through the legal success forums, Connaughts/1st Credit are highly unlikely to turn up to court, be firm but polite and address the judge as sir/madam....

 

There is some good case law here too which should help you - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178880-marlin-financial-services-issued.html

[42man]

PM me if you need anything...

[scratcher]

thanks for the help..

 

think I will SAR them..

 

don't know who - Connaught or First Credit - or even the original creditor?

 

and also I saw something about a Civil Procedure Rules request - can anyone expand on this? just so I can go to court knowing what a guan..

 

then once I have got as much as I can - time for a costs schedule..

[scratcher]

By the way - what difference does it make if your original debt is overdraft or credit card/loan? I understand that CCA may not apply to o'draft?

[42man]

Correct, the CCA request is made in relation to credit products such as credit cards, loans etc.

 

If it was me in your position I would send a SAR to the original creditor....is there also any chance the alleged debt may be statute barred also ? (i.e. yo uhave made no payment towards or acknowledged the debt in 6 years OR if there is a gap anywhere in the life of the debt that is 6 years or more)

 

A SAR will cost £10 unfortunately, send postal orders and send recorded

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[42man]

Also you mentioned the CPR (Civil Procedure Rules) these can only be used in Civil Law and for County Court Claims, Stat Demands and Bankruptcies are governed by the Insolvency Laws. The only way you could make them reveal documents is by requesting the judge to order the alleged claimant to produce the documentation if you put across the reasons why....

[scratcher]

wow. exactly what I needed. thanks again for this. i am afraid I have been a bit naiive and my sig may be lifted as I have signed all my letters. oh well, it's changed in the last few years so at least there may be some interesting results if they do..

[scratcher]

By the way are you suggesting SAR for Connaught, 1st Credit AND the original creditor i.e. £30? Guess I may be able to recover it if I am successful...

[42man]

No I would just SAR the original creditor....although it could be interesting to SAR Connaught and 1st Credit....!! but it might be a waste of the extra money !! but if they don't comply in 40 days you would be able to take them to court.....

[scratcher]

but if I took them to court I would have to prove some kind of damages right? tempted to try all 3...

[42man]

OK scratch....just remember, get your costs in 24 hours before the hearing, head a sheet of paper LITIGANT IN PERSON COSTS

 

You can claim back at £9.25 per hour for every hour of research into the various laws/acts (Consumer Credit Act, Insolvency Law etc)....

Mileage at 40p per mile

Postage

Parking

SAR request/s

Also if you have taken unpaid time off work to attend ask the judge for this also...

 

They haven't supplied any agreement with the prescribed terms

 

No statements for the duration of the account (it not being uncommon that some debts are made up entirely of excessive charges)

 

No default notices in the prescribed form

 

No notices of assignment from the original creditor / assigned creditor

 

If the judge does set aside the demand, ask the judge to also order any adverse default information that has been added by Connaught to your credit files to be removed.....there was one cagger who's judge ordered this in his demand set aside....

[scratcher]

do i send the correspondence i've had with connaught and costs schedule and receipts together as a bundle or only the costs schedule? Thanks again 42man..

[42man]

You only need to make sure the costs sheet is faxed to court 24 hours before the hearing. You won't need to supply receipts. Any correspondence with regard to a CCA request should have gone with the affadavit but don't worry if you haven't you can show these to the judge at the hearing as required....