1st credit SD org a joint debt with citifinancial

[fiogiff]

I need help, my husband and I have been seperated for 2 years, today a statutory demand came through for him for 1st credit (a debt origonally with citifinancial) this debt was in both our names but the SD is for him, he doesnt live here anymore and hasnt for the last 2 years. I know I shouldnt have opened the letter but even when I pass mail on to him he doesnt open it! His name is still on the mortgage and Im terrified I might lose the house, we have 2 kids for which I am the sole provider

[Lilythepink]

Try not to worry, although it is very hard. I had to go to court with 1st credit last year, but luckily it was set aside.... Someone will give you a lot more help in a moment hopefully.

 

Bump

[mr.ton]

1st Crud are in the naughty books at the moment.

Report them to the OFT/trading standards.

Hopefully they will withdraw their licence soon

[nowayjose]

You/your husband needs to set aside this SD... its not as difficult as it sounds

I recently did this with the help of 42man... hes the man for the job

 

if you read my post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120308-received-statutory-demand-1st.html it will give you some idea of the process.....

 

Hope this helps

 

NWJ -x-

[questioning]

Hi,

as you have already been told by Lily, stat demands are normally easy to set aside if it becomes necessary.

How ever if this was just via normal post then just ignore it. It is not worth the paper its written on, Its probably just a threat and after this is ignored they may not send to your address again, do they actualy know hwere hubby lives.

As you say your husband never opens his mail then perhaps its best to return his mail to its sender. He doesn't live with you so you could always send it back, "no longer at this address".

Its hard to advise as I don't know what sort of relationship you have with him, nor is it my business.

Have a read up on here about stat demands and you will soon learn and at the same time it will lessen your worry.

 

I'll have a look for some links for you to read and post back soon.

This looks good, once you get to the end of the first post there seems to be a lot of info for you. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

Cheers Q.x.

please relax and stop worrying.

Edited June 20, 2009 by questioning

[fiogiff]

The letter that came with the SD states that someone will be attending the address on thur 25th to serve in person. As Ive said he doesnt live here and hasnt for the last 2 years, he is renting a room but contiues to put this down as his postal address, should I just play dumb when this person calls and refuse to accept a letter for him? I do have contact with him and have kept things fairly amicable because of kids but have so far not divorced him as Ive been unable to because of the financial issues and also I wanted an uncontested divorce

[questioning]

Hi,

first of all please read the thread I linked you to and the ones linked by others.

has this debt been disputed and what is it for and roughly how much.

Sorry for the Q's but it will help if you could say.

The fact that they have said they will serve it in person shows that it is sent to intimidate you.

Is there some way you and hubby can work together on this?

 

Looking at the link I posted I saw this

Under further investigation of the Insolvency practice directions it should be noted that the service of the Statutory Demand should only be served by post if the creditor has tried to bring it to the debtor’s attention via a personal service, where possible.

 

Sorry to miss lead you, I was under the impression that such an important doc, needed to be sent by registered post, or served on the person. hence my first post,

Edited June 20, 2009 by questioning

[questioning]

just adding, yes don't even answer the door, if you do say he doesn't live with you anymore.

As I understand it, it has to be served on the person, I'll have to look into that though.

[Kraken1]

I would caution against ignoring.

 

1st credit were warned by the oft for sending out stat demands when it was not justified and so they might be getting sharper with it. They might be daft enough to be still trying it on, but I wouldn't think that they would be quite that daft, but you never know. Not a risk I'd gamble on.

 

It is easier to set aside now than fight the petition later. It sounds at the very least like it hasn't been properly served.

 

This said, it is his problem, although a Bankruptcy against his could affect you with the house. How old are the kids?

 

You don't know what the ex is up to so it is difficult to advise properly - if he is doing nothing then he might find himself bankrupted and this would affect you. In some ways it is a bit of an advantage that the mail is coming to you. At least you know what he is(n't) up to.

 

Also have a look at the oft press release and see if any of the circumstances noted apply to you. If they do I suspect a note to them drawing this to their attention (with a threat to report to the oft) might make it disappear. The caveat to this is that if the debt is against both of you then you might be drawing attention to you and then you might become a target of their affections.

[fiogiff]

the origional debt was with citifinancial for an unsecured loan roughly 5k, we stopped paying due to financial difficulties about 3 years ago, Ive done a pretty good job of avoiding debts apart from the mortgage and second charge as I thought my priorities should be keeping a roof over our heads, I havnt disputed the debt or aknowledged it. My husband is not working and only gets £70 job seekers every 2 weeks, he was happy to walk away from everthing and leave me in the brown stuff!

[fiogiff]

forgot to mention the morgage is in joint names, could remortgage or get his name taken off, the kids are 10

[fiogiff]

that should read couldnt remortgage

[questioning]

I agree with Kraken, as he;s still on your morgage its best dealt with which is why I said can you both work together.

Edited June 20, 2009 by questioning

[fiogiff]

hes not really in a position to offer anything financially and as a nurse my wages are basically just covering the mortgage and second charge, we have loads of debt which I so far ignored, I did contact payplan and they basically said I couldnt offer payment on anything as I didnt have it! The letter also states that if he fails to attend the appointment on the 24th then the SD will be effected buy way of advertisment in the daily press or by insertion through the letterbox. In alll honesty I cant even find the origional loan agreement and couldnt say if it was lawefully transferred to 1st credit, what do I do?

[fiogiff]

the date on the SD says 21.5.09 it only arrived today in the post, could it be set aside on this basis?

[fiogiff]

The letter it came with is dated 19.6.09

[questioning]

If you look here it tells you all about stat demands http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-debt-collection-agencies-statutory.html

 

it all depends on you, and what way you want to play it,

Have they been writing to you personally and asking for payment or just hubby?

If they are constantly on at you then I might think about requesting the CCA. Did you receive a default notice and letter of assignment.

This is leading to finding out if they have the correct paperwork to enforce the debt.

[ODC]

It is up to your husband NOT you to apply to have this Set Aside. As it stands at present the SD has not been properly served so it really isnt worth the paper its printed on. My advice would be wait and see if someone does actually come to serve a proper SD on your husband. You should inform them that he 'No Longer Resides at This Address'' I dont see why they sent you an SD and then tell you that someone will be coming to serve one on you. Seems a bit pointless or else a scare tactic

 

It is not your job to do the process servers or Worst Credit's job for them.

 

Technically you have broken the law by opening post which is not addressed to you. That said forewarned is forearmed so you may want to approach CAB.

[fiogiff]

I cant find a default notice but then again my husband had a habit of hiding unopened mail, I really dont know. They only seem to be chasing him!! not sure why as Im the worker!!!

[questioning]

was it sent 1st or second class?

[fiogiff]

Ist in a hand written envelope, I realise it is illegal to open his mail but I wouldnt have known about this if I hadnt!

[fiogiff]

1st in a hand written plain envelope, I would normally open his mail but he hasnt been round for days and I was being nosey

[questioning]

I'm sorry I see I didn't read your first post correctly, I thought it was just in your hubbys name and his debt.

Obviously i now know the debt is in both your names but the stat demand is in his.

The fact that they are only chasing him is strange but not unheard of.

Have you ever returned his mail to them?

This is difficult so I am going to ask an experienced member to look in on your thread.

You've answered a lot of Q's so that will help.

Edited June 20, 2009 by questioning

[nowayjose]

In my case the loan was a joint application, but only my OH was mentioned on the SD....

[questioning]

In my case the loan was a joint application, but only my OH was mentioned on the SD....

 

The problem here is that they are seperated and he is obviously not dealing with anything.

Can I ask NWJ, were they chasing you for repayment before the SD was sent in OH's name.