1st credit Stat Demand Threat - Urgent ** WON **

[stebabs]

Hi I have received several calls from this company and letters asking for a dept to be paid that is over 6 years old, the debt was taken out in my husbands name but they are saying as a joint house holder they can pursue me for the debt. I asked if I could set up a payment plan and they refused saying they will be making me bankrupt and I will lose my house, the debt is for 2K. I then received a statutory demand through the post This was dated 06/11/08. Today I have received a letter from a company call phoenic claims consultants saying they have been directed to serve me with a Bankruptcy order dated 30 December issued under the insolvency act and issued by 1st credit and that they want to attend at my home on 19 January at 09.30 for the purpose of serving the bankruptcy petition and that if I fail to attend the appointment an application will be made to the court for an order of substituted service by way of advertisement in the daily press.

Can anyone advise what I should do.

[Ell-enn]

Hi there, I have moved your thread to the Debt Collection Forum and changed the title in order for you to attract attention. Someone with 1st Credit/Stat demand experience will be along soon.

 

Ell-enn

[rdm2006]

I am no legal person by any means, but holding one person to ransom over anothers debt just doesn't sound right to me.

 

 

Did you act as guarantor or was it a joint application ?

 

 

If not i do not see how they can do this:mad:

[blipvert]

You really shouldn't be speaking to these people at all. Insist on everything in writing, if they ring you, decline to answer any security questions.

 

Now, this alleged debt. What is it, loan/cc, secured/unsecured, in your husbands name presumably, when was it taken out ?, daft question but why are they discussing it with you and not he ?.

 

When was the alleged debt last acknowledged either in writing or by making a payment ?, it it was over 6 years ago then it is statute barred, end of story.

 

Have you CCA'd them yet, if not, do so, letter N in the templates section, make it crystal clear the £1 POSTAL ORDER is for the CCA, not for the alleged debt (thus setting the clock ticking again). Don't sign letter N, print name only. Never heard of Phoenic Claims Consultants (anyone ???).

[Kraken1]

have you rec'd any court documents at all, other than the statutory demand?

[42man]

Can you make it clear please if you OR your husband have definitely NOT made a payment in the last 6 years or acknowledged this (5 years in Scotland).....If so then this will be defended quite easily. You are outside the 18 days for the defence of the stat demand, you could submit the stat demand out of time if you pay I think a £35 fee. However even at a BR hearing my feeling is that you would be able to set this aside....is it possible you can scan up the demand and the last letter from Phoenix (minus the personal details).....I have to say that this is totally against the CPUTR and the OFT guideline. Do you know who the alleged original creditor is ? We can definitely help....

[stebabs]

Hi

Thank you for your replies. The debt was orignally a car loan agreement financed by the Halifax that my husband took out, it was taken out more than 6 years ago and was unsecured, we have not made a payment for about 8 years. they have never tried to contact my husband at all by letter or phone he still lives with me. I have only dealt with them on the phone and I haven't put anything in writing. When they first made contact with me I told them the debt was my husbands and not mine but they have said that because we are joint owners of the property they can pursue me for the money. When they sent the statutory demand because it scared me I rang them to see if I could set up a payment plan because I am worried about losing my property, they flatly refused saying unless I make the full payment I will definately lose my property. I haven't received any legal documents except the stat demand which I have scanned for you no other documents were included or letters. I have scanned the letter from Phoenix for you. I have not CCA'd them yet. What should I do about the appointment on Monday, I definately wont be home so should I ring and make another appointment to buy some time or just ignore it. Thanks for any help you can give me I am at my wits end!

Pheonix.doc

Stat demand.doc

Edited January 17, 2009 by stebabs

[Ell-enn]

Hi there, thanks for the info. Please don't do anything until 42man is back on line and can take a look at the documents. Try not to worry too much, I'm sure you'll get the advice you need.

 

Ell-enn

[cymruambyth]

You have left some reference numbers on the 1stC SD document which you should remove.

[stebabs]

Thanks cymruambyth I have removed the references.

Another piece of information I would like to add is they refused to let me speak to Mr Silcock saying that he doesn't take calls he just files the bankrupcy orders.

Can anyone advise is it legal for them to refuse to talk to my husband about this as this was his debt not mine, whenever they have phoned in the past and my husband has gone on the phone they refuse to speak to him and hang up, because they are very intimidating with me on the phone and have scared me I have changed my telephone number and gone ex directory so they can no longer contact me. I didn't apply to have the stat demand set aside because I cannot afford a solicitor.

Have they breached dpa at all by disclosing my husbands debt to me?

Can someone please advise urgently what I should do about the appointment on monday, I am more scared of the man that will be coming to see me than I am about going to court, I don't like any kind of confrontation, if he is simply going to hand me a letter and go that would be okay but from my past experiences with them I don't think it will be that simple. My husband is saying that he will wait outside the house for him and refuse to let them in or speak to me and insist they deal with him can he do that, I am getting really scared that there is going to be a huge confrontation outside my house on monday. I think the reason they are pursuing me is because it is easier to bully a woman in her fifties than a man. To be honest if I had the money I would just give to them and get it over with.

[Brassed off]

Stebabs, your personal info is still showing on the SD document. I'd also remove the writing at the top of it

[stebabs]

Thanks

[ODC]

Stebads it CERTAINLY is wrong to not let your husband speak to the Cretin who issued the demand. This in itself would be a good reason to have got this set aside. Make sure you have a note of dates and times you called Silcock. Hopefully 42 man will be back shortly with more advice. In the meantime do not worry too much. If the alleged debt is Statute Barred then you will have a good defence against the bankruptcy petition and will probably be able to claim costs etc of these mongrels.

[stebabs]

I have googled Phoenix on the web and they appear to be an insurance company, the letter says if I fail to attend the above appointment an application will be made to the court for an order of substituted service of the said bankruptcy petition by way of ADVERTISEMENT IN THE DAILY PRESS or in such a manner as the court may direct. What does this mean exactly! Will my bankruptcy be advertised for all to see!

[Ell-enn]

Hi there, I know this is a terribly stressful time for you, and each time you read these documents you will find it more worrying. Put them to one side for a little while - I know when 42man is back on line he will be able to give you the best advice and all the rest of us will support you all the way.

 

Your situation does seem retrievable as there are so many things they have done wrong along the way.

 

Ell-enn

[pt2537]

Mr D Silcock strikes again eh?

 

This guy is as hard to contact as Ellie Renshaw, the famous Capital One ERC manager,

 

If the debt hasnt been paid for over 6 years then its statute barred and that is an absolute defence to any petition for bankruptcy.

 

I have a case running at the mo which i cannot say too much about but suffice to say the press, the OFT and Gareth Thomas will all hear about the out come when we have finished as our client wants to nail them to the floor

 

as Ell-enn says, wait till 42man comes back online, and please try not to worry i know its easy to say but this situation is very recoverable

[Josie8]

Thanks cymruambyth I have removed the references.

Another piece of information I would like to add is they refused to let me speak to Mr Silcock saying that he doesn't take calls he just files the bankrupcy orders.

 

Can you record a phonecall with them saying that? If the person named on the statutory demand for you to contact cannot be then that is grounds for the statutory demand to be non compliant.

 

 

Can someone please advise urgently what I should do about the appointment on monday, I am more scared of the man that will be coming to see me than I am about going to court, I don't like any kind of confrontation, if he is simply going to hand me a letter and go that would be okay but from my past experiences with them I don't think it will be that simple. My husband is saying that he will wait outside the house for him and refuse to let them in or speak to me and insist they deal with him can he do that, I am getting really scared that there is going to be a huge confrontation outside my house on monday. I think the reason they are pursuing me is because it is easier to bully a woman in her fifties than a man. To be honest if I had the money I would just give to them and get it over with.

 

 

See above. Try not to panic................

 

 

Can you please clarify for me:

 

Whose name was the loan agreement in?

Who is the Statutory demand addressed to? (i.e you or your husband)

Date last payment made on the debt.

Who is the Phoenix letter addressed to?

[stebabs]

Loan agreement in my husbands name

statutory demand addressed to me

Can't recall exactly the date last payment made my husband thinks it was about 8 years ago to the halifax

letter addressed to me

[stebabs]

some good news just rang pheonix and they have agreed to post the documents and not come round tomorrow to my house

[sosumi]

some good news just rang pheonix and they have agreed to post the documents and not come round tomorrow to my house

That's a start Stebabs. xx

[sosumi]

Hi

Thank you for your replies. The debt was orignally a car loan agreement financed by the Halifax that my husband took out, it was taken out more than 6 years ago and was unsecured, we have not made a payment for about 8 years. they have never tried to contact my husband at all by letter or phone he still lives with me. I have only dealt with them on the phone and I haven't put anything in writing. When they first made contact with me I told them the debt was my husbands and not mine but they have said that because we are joint owners of the property they can pursue me for the money. When they sent the statutory demand because it scared me I rang them to see if I could set up a payment plan because I am worried about losing my property, they flatly refused saying unless I make the full payment I will definately lose my property. I haven't received any legal documents except the stat demand which I have scanned for you no other documents were included or letters. I have scanned the letter from Phoenix for you. I have not CCA'd them yet. What should I do about the appointment on Monday, I definately wont be home so should I ring and make another appointment to buy some time or just ignore it. Thanks for any help you can give me I am at my wits end!

I hope the Sunday Times is reading this.

[Josie8]

Loan agreement in my husbands name

statutory demand addressed to me

Can't recall exactly the date last payment made my husband thinks it was about 8 years ago to the halifax

letter addressed to me

 

 

Then relas

 

1. The loan agreement isn't in your name and you can't be held liable for your husbands debt (unless you personally guaranteed it)

 

2. It's time barred under the Statute of Limitations.

 

They will not be able to get a bankruptcy order against you.

 

The can't serve it through the post either. It has to be personally served or they have to make an application to court to allow an alternative means of service such as post or advertising.............

[42man]

Please shout if they do decide to post a petition to you, and try not to worry. As has been said before the debt is barred by the statute of limitations act, and you are not responsible for your husbands debt. It will cost them a significant amount to file papers for bankruptcy for a case they will surely lose !!!

[Kraken1]

worth having it set aside to have fun with costs?

[stebabs]

I have just received a bankruptcy petiton through the post saying I need to complete form 6.19 specifiying the grounds on which I object to the making of a bankruptcy order! The court date is of 18 March! can anyone help with where I can get the form and what I should put as the grounds