Statutory Demand - CitiFinancial / 1st credit / Connaught collections

[alf2000]

I have just got a Statutory demand relating to Citifinance, I am not sure if it looks legit, it lists 1st credit as the creditor and also connaught as the creditor and it is over an alleged debt to Citi Finance!

It also says

"[your local court]" in brackets for where it should say the court that is supposed to be dealing with it.

To have it set aside it says I have 18 days from when it was served

To do so I have to apply to the court mentioned in section A - where it does not give a court - it justs says [your local court] and it must be supported by an affidavit, and that the forms are available from the local court?!?!?!

This was waiting for me in a pile of post and is dated the 21/1/09 but there is no postage date on the envelope, so according to this it is all ready too late for me to do anything.

The alleged debt is for £752

I requested a CCA from Citi 6 months ago and they sent out terms and conditions printed from their website a few months later.

I dont owe Citi this money - plus they owe me nearly £1.5k in penalty charges which Citi have refused to pay me.

What do I do?

Is it too late to do anything? the letter appears to imply that it is too late now, but I have only just got it and have no idea what I need to do and have no time to do it!!!!

[westendwendy]

I received a very dodgy looking SD from Connaught (on behalf of 1st Credit) a while ago that related to a citi card.

At the time I had not CCA'd citi so it's slightly different to yours but I sent a CCA to Connaught and they replied saying that they had closed the file and returned it to 1st Credit.

I haven't heard a word since.

 

As you had already sent a CCA to citi I would say you could send the 'Account in Dispute ' letter to Connaught.

 

Just out of interest did the SN have a blue triangle holding all the papers together?

If it did I bet a pound to a penny it isn't for real,just another one of their scare tactics.

[alf2000]

yep the blue triangle is there lol

Well they have me worried, Citi and 1st credit have already been informed that it is in serious dispute and I thought I remembered 1st credit giving up on it and passing it back as I informed them that Citi had failed to provide a CCA etc.

I am just worried that this may stand up and they might say its too late for me to defend myself and its my fault that I did not get it in time etc.

[ODC]

A debt has to be over £750 for them to make you Bankrupt. £2 over it is hardly going to make it worth their while. Its a bluff but just to sicken them apply to have it Set Aside and claim costs from them as well as reporting them for abuse of process

[alf2000]

Any advice on how to apply to set it aside - will this still be an option or will the court refuse as it is not within the 18 days that is on their letter?

 

Also who do I report them to for abuse of the process? the courts? OFT FAS?

As it stands they could claim that they did not abuse the process and had all intentions of following it up!?!

 

Thanks everyone for you help, it will make sleeping tonight easier

[MARTIN3030]

Abuse of process within your app for a set aside.(Court)

Complaints that they have not followed procedures to the FOS.

Citifinancial are known for their disregard of their obligations-you can see many examples in the citi forum.

for info about setting aside see here ;

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

 

 

 

and here;

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

 

 

Also lots of info here too ;

 

 

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

Edited February 11, 2009 by MARTIN3030

[42man]

Alf....I would always recommend applying to set it aside, You basically have 18 days from the date you received it to set aside, if you set it aside outside the 18 days then I think it costs £30 to do this. (you can claim this back in costs)....

 

You can find forms 6.4 (set aside) and 6.5 (affadavit) here in this link - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

If this was already disputed then this a wholly vexatious and an unlawful claim on their part, and I can tell you now a judge will NOT be pleased with Connaughts. (who are part of 1st Credit)

 

Once you have filled out the forms, you need to get them 'sworn in' at your local court (ring them first to find out if they handle bankruptcies/insolvencies as some County Courts don't) getting them 'sworn in' is usually free at a local county court, at a solicitors it will cost £5 and at central London courts I have heard it cost £12.

 

If it was me in your shoes I would definitely get this set aside.

 

The debt is totally disputed.

 

This has been raised with the original creditor but despite the bona-fide dispute the debt has been passed on. This I believe to be a completely vexatious and unlawful action and an abuse of the Insolvency service.

 

The debtor is currently going through the process of reclaiming in excess of £1500 of excessive penalty charges.

 

I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'.

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

I have tried to call the named person on the demand 3 times (dates and times of calls) and have been unable to speak with this person who I believe does not exist.

 

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.

 

I gracefully request that the demand is dismissed, and in light of the frivolous and unlawful nature of this demand and the upset this has caused me and my family, I request the judge order the claimant pay my full costs and makes an indemnity award and orders the claimant to remove any adverse default information that has been put on my files. I also request that the judge grants a bankruptcy restraining order in my favour against this company.

 

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).

 

You need to submit your costs 24 hours before the hearing....

 

You can claim back at £9.25 per hour for your research and work on the case

Mileage at 40p per mile

Postage

Parking

Claim back your time off work too....

[ODC]

Worst Credit/CONaughts even though they are ALLEGEDLY (sorry *** *******) connected to Citbank will be unable to produce a valid properly executed CCA. They dont exist!!!!

[Enron]

Alf can you start a thread in the Citi forum:

 

CitiCards - The Consumer Forums

 

This is getting more and more serious, especially if 1st Credit are issuing statutory demands after Citi have not properly fulfilled CCA requests.

 

1st Credit are aware of Citi not being legally entitled to enforce agreements where they haven't fulfilled s78(1) requests as a couple of use have written to them to state that accounts are in dispute - the accounts shouldn't even be being sold to 1st Credit.

 

Write to 1st Credit stating the account is in dispute, send a CCA request also to them (dont sign these letters), outline as well the problem you are experiencing with Citi.

 

What i'm going to suggest is what a number of use have done, contact your constituency MP outlining what has happened, you can find your local one by enterring your postcode here:

 

UK Parliament - Find Your MP

 

I have it confirmed from the Office Of Fair Trading that they are not legally entitled to enforce agreements at all when they have not complied with a s78(1) request.

 

Inform him/her that you are aware of many other instances where Citi has acted improperly in this manner, and request that he writes to the head of the Office Of Fair Trading - a Mr. John Fingleton

 

Citi should not even be adding interest, penalty charges etc let alone updating peoples credit files, defaulting accounts and selling on the account whilst s78(6) CCA is active, the third party then further attempting to enforce the agreement.

 

There are things going on behind the scenes with regard to this, but I would highly recommend you do the above as the more pressure on this issue the better.

[Enron]

P.s. if you need help reclaiming your charges through the courts as well let me know, as we have it down to a fine art.

 

Citi normally employ barristers but are finding it hard in claims where the draft order has been adopted - courts normally accept requests for these to be made as they bring all matters to the fore and save valuable court time.

 

Citi in each and every claim where the draft order has been adopted have refused to supply a full breakdown of their figures, they even go as far as falsifying pre-estimate exhibits which they submit to court (which we have cast iron proof of).

[ODC]

1st Credit are aware of Citi not being legally entitled to enforce agreements where they haven't fulfilled s78(1) requests as a couple of use have written to them to state that accounts are in dispute - the accounts shouldn't even be being sold to 1st Credit.

 

 

First Credit are professional Debt Buyers. They regularly seem to purchase alleged debts that are unenforceable or even Statute Barred. They are fully aware of the Status of the debt portfolios they purchase ALLEGEDLY, but because of the vast amounts of potential profit to be made from people who are unaware of their LEGAL rights its a gamble that most DCAs are happy to take.

Its only when people query the enforceability of the alleged debt that it becomes a problem for the DCAs.

[Enron]

Alot of us Citi customers are in the same boat, Citi have enforced agreements whilst s78(6) CCA is active adding interest, charges etc. I just dont think they give a monkies.

 

That said its never wise for Citi solicitors to lie to an official body when you have the documented proof to expose it, and as such things should hopefully start moving on this issue soon.

[alf2000]

Is this okay?

 

The debt is totally disputed.

 

This has been raised with the original creditor but despite the bona-fide dispute the debt has been passed on. This I believe to be a completely vexatious and unlawful action and an abuse of the Insolvency service.

 

 

The original creditor has not completed a section 78(1) Consumer Credit Act 1974 request submitted on xx/xx/xxxx, s78(6) Consumer Credit Act 1974 is active preventing the original creditor from enforcing the agreement at all either with or without a court order until it has completed the request.

 

The debtor is currently going through the process of reclaiming in excess of £1500 of excessive penalty charges.

 

I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'.

 

I gracefully request that the demand is dismissed, and in light of the frivolous and unlawful nature of this demand and the upset this has caused me and my family, I request the judge order the claimant pay my full costs and makes an indemnity award and orders the claimant to remove any adverse default information that has been put on my files. I also request that the judge grants a bankruptcy restraining order in my favour against this company.

[ODC]

Alf they do not have to put the Court name on it.

 

An SD should wherever possible be served in person. However service by 1st class post is acceptable if they can prove attempt at personal service. By admitting you have received the SD it is deemed as being served on you.

[alf2000]

Is the rest okay do I just need to take out ..

"I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'."

[Enron]

You need to put the dates in to replace the xx/xx/xxxx - day/month/year

[42man]

Alf you MUST report them to the OFT IMMEDIATELY - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit.html

[alf2000]

Alf you MUST report them to the OFT IMMEDIATELY - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186046-there-god-1st-credit.html

 

 

 

I have put my complaint in to the OFT, as well as complaining to the district judge about their conduct and requesting a restraining order.

 

They have just edged my account over the £750 mark so that they could send it out, its a clasic example of how these people work. I think they were originally asking for around £400!!! Plus they would not send me a CCA or give me back the £1.5k that they took in charges.

I am going to push to get this back next, but I might need some help there as I bottled out when I got to the court stage.

 

As they owe me over £750 can I issue a stat demand back?