connaught collections;1st credit statutory demand

[mark1963]

hi everyone.looking for some advice with the above company that have had past delaings with concerning old debts over 6 years etc..,

today i took receipt of a statutory demand from connaught collections via a courier/parcel delivery service company!!

to date i have had no dealings with them since asking for a copy of a credit agreement for another debt that they were chasing me for that was more than six years old.needles to say they couldn't provide the relevant details and withdrew .

today however i took delivery as above as i was expecting something totally different by a delivery company and was horrified to find the above enclosed relating to something to do with RBS??

how do i proceed from here? it seems quite worrying reading the national debt helpline and their advice on forms being sent to courts etc??

i have written a template letter to ask for a copy of the agreement etc.., and will send by recorded delivery but i am a bit concerned about the 21 day limit mentioned on the nat debt helpline??

can anyone help please:(

[count orlok]

I would have thought you could easily get this set aside and as a bonus sue them for costs. They have been warned about this by the OFT, but they know from experience they will do nothing so continue to so.

 

Others will no doubt be along in a bit to point you in the right direction, but you can be sure you have nothing to fear if you fight this.

 

BTW if it is Statute Bared you do not need a CCA, the fact that it is SB is more than enough.

[sillygirl1]

Contact your local OFT, 1st Credit are under watch by them for this kind of behaviour and contact your local court about getting it set aside.

[lilly white]

well

 

Good evening. what help do you need

 

 

Lilly white

[Seminole]

Despite the fact that these clowns spew out SDs like confetti, they are remarkably serious documents. The first question is have you ever had an account with RBS or Nat West?

 

It isn't really sufficient just to ask for a copy agreement. With an SD you need to apply, if appropriate, for it to be set aside through a court.

[nowayjose]

I had mine set aside they didnt even bother turning up at court:mad: It was my third SD.

[harrassed senior]

You have 18/21 days to apply to have the SD set Aside. This must be at a Court that handles Insolvencies/Bankruptcy so may not necessarily be your local Court, unless, of Course they have already mentioned a Court on the SD. As mentioned before this is a serious document and needs responding too.

[mark1963]

thanks everyone.where do i get the forms to do this set aside?does it cost money to do thsi?i dont remember having any accounts with rbs /natwest in the past.the only financial dealings in the late 90's were with llyods bank?

i was made redundant then and had some loans etc.., unable to pay at the time of unemployment.

if anyone has templates and info on set aside could they let me know that would be great.they have mentioned a court but this about ten mile from me.

[42man]

Hi Mark....firstly don't panic....have a read of this thread here, Firslty PLEASE report them to the OFT as they received orders from the OFT earlier this year NOT to send out these demands. - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

 

Also please read this thread - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/215890-sd-capquest-advice-needed.html

 

And this one - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/214552-cap-quest-stat-demand.html

 

You have to apply to set aside the demand within 18 days of receipt of it...and be warned 1st Credit / Connaught have in the past followed through with their threats...

[42man]

It won't cost you anything to set aside a demand....only if you submit it after the 18 days from receipt of it (then I think it costs around £30 to set asdie outside the time limit)...

[42man]

If you have never had an account with RBS/Natwest...then I would definitely set this aside....you might possibly have been the victom of ID fraud too.....

[mark1963]

thanks again to everybody,

i have just sent the oft an email withregard to my situation and this company.hopefully they will do something about it.

i still nedd help with templates for the set aside letters/forms please.

[mark1963]

thanks 42 man.could you help me with the defence on the forms i now have for the sd i have mentioned?

[lilly white]

Here's how to fill out the forms.

 

If we start with Form 6.4:

 

For (a) fill in your name and address

 

The section that states attend before the Registrar leave blank. This will get filled in by the court.

 

For (b)

on the hearing of an application by (b) (insert your name)

 

An application for an order that the statutory demand dated (insert date on the SD that you received from Connaught) be set aside

 

For ©

The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (insert the date that you hand the forms into the court).

 

For (d)

The names and addresses of the persons upon whom this application should be served are:

(d) (insert name and address of Connaught)

 

For (e)

The applicant’s address for service is: (e) (insert your name and address)

Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.

 

County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook.

This comprehensive and very accessible guide will take you through the process of suing or defending a claim.

This guide will help you take control of your litigation and make you more confident about doing it yourself.

Applies to England and Wales

 

[lilly white]

Form 6.5

 

For (a) fill in your name and address and state that you are a litigant in person.

 

For (b)

1. That on (b) (insert date that you received the SD through the post) the statutory demand exhibited hereto and marked 'A' came into my hands

 

For ©

2. that I © Do not admit the debt because the alleged debt is totally disputed.

 

The alleged creditor has not provided any proof whatsoever that the alleged debt is not time barred by the Statute Of Limitations Act 1980

 

The alleged creditor states that the amount is owed under an agreement which has not been provided

 

The alleged creditor has not provided any default notices in the prescribed form.

 

The alleged creditor has provided no statements for the duration of the account.

 

The alleged creditor has not provided any notices of assignment.

 

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

 

On the above information I request that the demand is set aside and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

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).

j) In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the respondent has been made aware of the matters complained of and despite this a statutory demand was issued

 

I make this statement with the sworn belief that all facts stated are true.

[lilly white]

ok add this in

 

 

 

The Assignment of the Debt

 

 

19. If the Claimant was not XXXX then it is not admitted that there was a lawful assignment. The Claimant is put to strict proof that the assignment was lawful and is put to strict proof that sufficient notice thereof was served upon myself. Without this proof the Claimant has no standing before the court.

 

 

20. The Law of Property Act 1925 is the relevant act that deals with the assignment of debts. Section 136(1) requires that for the assignment of a debt to be effective, express notice in writing must have been given to the debtor:-

 

136. Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

 

21. However, it is Section 196(4) that prescribes the requirements for giving sufficient notice by post:-

 

196. Regulations respecting notices.

(4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

22. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

 

 

23. For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

 

24. Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

 

 

25. It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment including the date (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169).

 

 

EDIT TO SUIT

[mark1963]

thanks lillywhite.

that is superb help.it all seems very legal and obviously means a great deal to these idiots at connaughts/1st credit.i have sent off a statute barred letter and request for credit agreement by recorded delivery yesterday first class.do i need to inform them that i am setting aside the sd?

[lilly white]

No do not send anything to these people let the court do there job

 

Ok have a read of this put this in

 

 

Here is a form of limitation defence to a claim based upon a simple contract. There may be other grounds of defence in this particular case, but this defence alone will serve to defeat the claim assuming the facts stated in it are true.

 

You are entitled to be cocksure.

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980.

 

2a If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[lilly white]

well have a read of the following you can put this under de fault notice edit to suit

 

Thanks to nicklee edit to suit

 

 

Valid Default Notice

 

 

10. It is a condition precedent to the issue of Proceedings in respect of a Regulated agreement that certain steps prior to the issue of Proceedings must be taken. Specifically those steps are the issue of a valid default notice complying with the terms of the Act and the issue of a valid termination notice, also complying with the act.

 

 

11. It is not admitted that either a valid default notice or termination notice was ever served on me and the Claimant is put to strict proof.

 

 

12. It is noted that, to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339). It must also allow a minimum of 14 days following date of service, in which to rectify any such breach. The prescribed format for such a document is further laid down in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2006 (SI 2006/3094).

 

 

13. The Act also sets out via Section 88 that the Default Notice must be in the prescribed form and must allow the required time from date of service. The use of the word “must” indicates that this is mandatory and that it cannot be dismissed as a de minimus issue.

 

 

14. The Law in respect of service is governed by the Section 7 of the Interpretation Act 1978 which indicates that service is deemed to be effectual on the day upon which the letter would be delivered in the usual course of business.

 

 

15. I refer to the practice direction, given by J R BICKFORD SMITH, Senior Master Queen's Bench Division, on8 March 1985 in relation to the Interpretation Act 1978, Section 7. It confirms that deemed service of documents sent by first class mail occurs on the 2nd business day after posting.

16. I further refer to CPR Part 6.26 Service of Documents which concurs with the above practice direction that the deemed date of service by first class post occurs:-

 

 

“The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.”

 

 

17. The importance of CPR Part 6 and the Interpretation Act 1978 in determining the delivery of documents by ordinary post is further confirmed by the following Court of Appeal Case Consignia Plc v Sealy [2002] EWCA Civ 878 (19 June 2002).

 

 

18. For the avoidance of any doubt, in the event of an alleged breach by the Debtor this is at all times an Agreement Regulated by the Consumer Credit Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87.