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angel_1

stat demand - 1st credit/MBNA /connaugth collections

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hiya a question ive been asked to get some info on pls

 

if a statutory demand was sent but not signed for by the addressee could he then dispute that he never got it ?

 

surely the stat demand must be served on the person who it was intended for and if a post delivery service obtains another member of family signature surely its not seen as served?

 

thanking you all in advance, have tried to understand the process of the stat demand and its legality on the serving of such document

 

its highly probable the document could have been "lost" even though delivered correctly at the home address but signed for by another family member and shouldnt have been accepted by the courier neither surely?

 

how would he stand in a defence of sorts if it got really really serious please

 

many thanks cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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hiya all

 

back from hols and amongst my post had a letter from connaught coll advising that they are now in a position to present a Bankruptcy petition following the recent del of their stat demand.

 

further goes to say they will retain this letter to produce at court demostrated that every effort has been made on their part,

 

as i have chosen to ignore the stat demand or demostrate an ability to pay i leave them little alternative other to present a petition, once petition is issued amount payable would increase with expenses, fees and costs, including those of the trustee following bankruptcy

 

the trustee will liquidate my assets/estate eg property with a view settling this matter

 

***

 

i have not signed for anything personally, nor received anything in the other letter in the post

 

now it dont give any dates or proof of who may have signed for such a document if they had sent by postal service and obtained a signature

 

i will have to ask my hubby and daughter if they but since they have been away for the past month on holiday i do not understand

 

so my initial thoughts are

 

1. should i ask for a copy of the cca now?

 

2. advise them i have not signed for anything of the like?

 

having looked at a few threads and stickies, i thought they would have be able to prove that i have received and signed for it

 

what if my family signed for it in error if it was addressed to me personally and a different sex member signed for it ?

 

am i too late to deal with this if they have issued proper court papers?

have not received any court papers to date

 

i await your advice

 

only asset i have is part owened home with im guessing at most between 10 and 20 thous equity if that and i have other creditors too, and will have no work in a few months time only a bit of redundancy..

 

cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Send them a letter 1st class recorded delivery asking for a copy of said Stat Demand, and contest it... also report them immediately to the OFT as it is possibly a scare tactic.

 

They tried serving one on me at my dads house where I haven't lived in over 20 odd years, council tax records helped prove I had no interest in the property and the case was dropped and sent to the OFT.

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CONnaught are chancing their arm. In order to present a BR petition they would have to include an affadavit outling proof of service of a Statutory Demand. An SD should be served in person and service by first class post is only acceptable if they have at least tried personal service and can satisfy a Court as to why this was not successful. That is why it is important never to admit receiving one UNLESS you are prepared to go to Court to have it Set Aside.


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hello silly girl and ODC thanks for your kind words

 

having read more threads, what if they had sent by courier and got my hubby or daughter to sign for it, im only trying to think back to end of july and beg of aug before they went away it was quite a fraught time - am worried they have signed for it and ive looked for any unopened envelopes i will be deemed to have had it served on our property.

 

all i can be sure of at the moment is that i personally have not signed for it

 

we get a lot of packages in the post for dd for her stuff she orders so it could be likely that hubby or daughter signed for it and then left it somewhere that i have not yet come across it if was addressed to my full name, the initials are totally different to mine anyway, how would that stand up then?

 

sorry for all my anxious questions am now really worried about this

 

cheers again angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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thank you very much 42man

 

had passed the site link to my friend who has learned a lot from it many thanks

 

now coming back from my holiday and looking through my post ive had a letter suggesting i personally been served a demand which i certainly not signed for,

 

see my link here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218040-stat-demand-i-have.html

 

 

going to view the above link for more info now too

 

cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Send them this

 

Dear Cretins

 

I have not been served with any Statutory Demand on behalf of your company. I therefore put you to strict proof that such a document was legally served upon me.

 

Please be advised that any attempt to Petition for my Bankruptcy will be strongly contested and a counterclaim for substantial damages issued.

 

yours etc

 

Send by Special Delivery to these mongrels


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Oh ODC

 

that has made me smile so much thank you, suffering with earache and on antibiotics i need something good today to remain postive

 

:)

 

i will send that out to them - so then wait and see what next happens?

 

should i after a bit also request a cca from them, i know got something not that legal from the Orig Creditor but at least will get the ball rolling onto a proper paper trail for me again as im now back onto of things again

 

also i should also complain to oft like silly girl said, its another complaint that im happy to do

 

again huge thanks laters angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Put your CCA request along with a £1 postal order in the same envelope.

 

Definately report these muppets to the OFT and your MP. They are abusing the Insolvency system and are already on the OFT Radar for this.


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CCA request to 1st Credit....and SAR to the original creditor for good measure, You can submit the set aside outside the 18 days time frame but I think it costs around £30 to do that.....also any chance the debt might be statute barred ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And they do carry out their threats !! - And have used a no win / no fee solicitors called Moorhead James to initiate proceedings http://www.consumeractiongroup.co.uk/forum/legal-issues/217968-money-paid-mistake-solicitor.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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hiya again odc

 

with much pleasure i will report them, and my local mp already had a letter from me about charging orders he is going to love me lol

 

good idea will include in the letter as well ref copy of cca so i can include all to my mp too as well as oft

 

off to do the letters now so catch up with you laters again thank you

 

cheers angel x:D

 

alsoooooooooooooooooo hiya 42man thanks for looking in

 

oh of course its 1st credit/mbna so can i just address it to them and c/o of connaugth collections and use the conn coll address?

 

will get a sars to the original creditor too (doesnt matter if they had a sars previously does it?) but quite a bit back

 

cheers angelx

Edited by angel_1
just seen your post 42man cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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This just landed today also Angel... - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218041-statutory-demand-1st-credit.html

 

You mention MBNA !!! then in your affadavit you can quiz them on whether the debt has been securitised !!! - read this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I'd apply for the set aside....and raise it in your affadavit as a possible abuse of process... if it was valid then a process server will have taken an affadavit to the court to get a judge to allow substituted service.....

 

If you use this as a high court reference....when quizzing the service procedure...

 

The alleged creditor has not 'served' anything on me, but simply posted a demand by first class - I believe that this is a frivolous attempt at scaring me into paying and therefore an abuse of the process.

 

I refer to:

 

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

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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hiya 42 man thanks for your last post, i was just doing my letter to them from what odc gave me as i have not had anything posted or have been presented with anything to sign for by post office worker or courier

 

like i said earlier, im going to ask if my family recall signing something which was delivered to my house but i was not given anything that i recall as a sd

 

we get lots of envelopes and parcels for my daughter that she orders online its possible she or my hubby mistook what they claim as sent as something for them, and signed it in error but surely if it was addressed to me as a special delivery or otherwise i should have been given it to be signed for ? have no dates of when i was supposed to have had it from connaughts neither

 

therefore i cannot surely at this moment intime apply for a set aside just from the letter i have at the moment? if i can sure will do with all your help -

 

cheers angel x


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

just a note to thank you all, have had 3 other friends that this has happened to and they too will take onboard your advice so thanks from them too

 

its a small world but when people talk to each other we can help each other out

 

have a sunny day laters angel x;)


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

been a couple of hectic months and i still have not had any bankruptcy letters or any one to my door personally serving with any legal documents thus im thinking this was a sly way to put the frightners on

 

looking back at my paperwork middle of sept was not feeling too well and unfortunately i remember doing the letter but i never sent it off - looking at what they appear to be saying that i should have had the info originally end of july im thinking

 

should i wait till first week of dec which is then the 4 months that they must put in the bankruptcy request in, as if they do after they have to explain more details to the court why its been done over 4 months

 

then send out the letter ive been originally advised to send out by ODC or would that open up a can of worms so to speak, but then i could take it further depending on their reply and then report them to oft if they are really only using the SD as a ploy without actually processing the SD fully,

 

really am so sorry i normally do take on board and action any requests ive been advised to do, but now im feeling up to working through things in a more timely and energitic way and i will promise to follow through with any advice given to help me to deal with all my creditors

 

huge thanks again to all for reading my update and thank you for your kindness

 

laters angel x:cool:


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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