Statutory Demand From 1st Credit

[mr_mill]

Hi All,

 

This is my first post & any help is greatly appreciated.

 

After about 7/8 years of being in debt it's time to lift this weight as things seem to be taking a more seriuos turn.

 

I have various debts as a result of trying to keep alive a failing business by funding it with credit cards, bad move ! I now realise that but as we all know credit was easy to get ! I had banks throwing money at me, increasing my limits and there we have it, things quickly escalated and I found myself unable to service all my credit cards / loans.

 

The business failed and I was left with creditors / DCA's chasing me for years.

 

Anyway, I had a debt which was assigned to 1st Credit and have had connaught chasing me. I received a stat demand via 2nd class post at my old address a couple of years ago. I ignored it and nothing ever changed, no brankruptcy petition, they just kept sending demand letters and reduced offers of settlement.

 

This debt is now close to becoming statute barred (maybe 6 -12 months off) and I feel they know this and they seem to have stepped up a gear. I have received a stat demand posted through my door from a process server after a couple of failed attempts of delivery.

 

I do own my house although not much equity exists if any and wonder if because this time they are using a process server they are more serious about following through with a bankruptcy petition.

 

My questions are:

 

1) By setting aside this S/D would I be acknowledging the debt and restarting the 6 yr time period ?

 

2) Should I take a gamble & call their bluff by doing nothing & hope they don't petition & it falls into Statute Barred ?

 

3) Is the S/D deemed as served after the process server posted the S/D through my letterbox when I failed to keep a written appointment with him/her ?

 

4) Can they send me two S/D's for the same debt 2 years after each other or is this a breech and invalidates the s/d?

 

5) The original credit card debt is loaded with excessive fee's, they were applying £75 per month in late, overlimit & returned payment fee's plus of course the PPI. Can I put the debt into dispute because of this ?

 

6) Could it be an un-enforcable credit agreement ?

 

I have so many thoughts running through my head and wonder which is the best action to take.

 

I am not trying to get out of paying nothing but these companies have put me in a bad place & changed me. They have a lot to answer for and I feel I'm lucky to be here, people have done terrible things to themselves for far less than I've been through. My wife quite often expected to come home to something terrible. This torture and what I consider to be unfair charges and practices really make me want to fight them and pay less than they claim because I they've all ramped up my original debt.

 

Thankfully, I'm in a really good place right now and can begin to tackle my debts and get my life back in order.

 

I thank you in advance for any help.

[ODC]

My questions are:

 

1) By setting aside this S/D would I be acknowledging the debt and restarting the 6 yr time period ? NO!! Have you good grounds for a Set Aside

 

2) Should I take a gamble & call their bluff by doing nothing & hope they don't petition & it falls into Statute Barred ? As they have used a Process Server its highly likely that they will follow through

 

3) Is the S/D deemed as served after the process server posted the S/D through my letterbox when I failed to keep a written appointment with him/her ?If the process server makes an affadavit outlining the attempts they have made at personal service then the Courts will accept this as proof of service

 

4) Can they send me two S/D's for the same debt 2 years after each other or is this a breech and invalidates the s/d?Yes as an SD only has a limited shelf life

 

5) The original credit card debt is loaded with excessive fee's, they were applying £75 per month in late, overlimit & returned payment fee's plus of course the PPI. Can I put the debt into dispute because of this ?Yes

 

6) Could it be an un-enforcable credit agreement ?Have you sent off a CCA request

I have so many thoughts running through my head and wonder which is the best action to take.

 

I am not trying to get out of paying nothing but these companies have put me in a bad place & changed me. They have a lot to answer for and I feel I'm lucky to be here, people have done terrible things to themselves for far less than I've been through. My wife quite often expected to come home to something terrible. This torture and what I consider to be unfair charges and practices really make me want to fight them and pay less than they claim because I they've all ramped up my original debt.

 

Thankfully, I'm in a really good place right now and can begin to tackle my debts and get my life back in order.

 

I thank you in advance for any help.

 

 

You really need to take this seriously. That said, its not the end of the world and you will get plenty of help here to defeat these parasites

[mr_mill]

Thankyou for your reply ODC. I'm happy that I've found this forum and I'm ready to take them on !

 

As of yet I have not CCA'd this debt.

 

Can I do this even though I've received an S/D ?

 

Is my best course of action to set aside by disputing the debt and then send off for CCA ?

[ODC]

Get a CCA off today.

 

What reasons do you have for applying for a Set Aside

[mr_mill]

OK will do.

 

I haven't looked into the process of setting aside, so I'll do some digging on this website and see what I can find.

 

I was thinking disputing the amount of the debt as grounds to set aside.

[42man]

Mr Mill you must set this aside, as 1st Credit / Connaught have recently had restrictions placed on them by the OFT - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices and please report them to the OFT too....

 

Please have a read through here, you've got 18 days from the date on the demand to set aside....if you need help please shout - DCA Legal Successes - The Consumer Forums

[Seminole]

Roughly how much is the debt for. Do you know what they have charged you in penalties?

[42man]

First thing I would do is send off for a copy of the agreement - (this costs £1) and send it recorded delivery/guaranteed to 1st Credit / Connaught - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter - I think a SAR to the original creditor might be a good idea too - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

You have to use forms 6.4 (set aside) and 6.5 (affadavit) the forms you can find electronically here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/197272-recieved-connaught-statutory-demand-4.html - there are also links to other cases here too....

 

Is there a court named on the demand ? Is it your local court ? You need to call them to check they handle bankruptcies/insolvencies as some courts don't...(let us know if the court they have named don't handle bankruptcies).....

 

Once you have filled out the 6.4 and 6.5 you need to take them along to the court with any accompanying paperwork (such as the CCA request) and get the court to swear in your documents (this is usually free at local courts, or £5 at a local solicitors - I had heard that it was £12 at the High courts in London)......

[ODC]

Another thing you might want to do, especially if you can record the call, is to ring up and ask to speak to the person named on the SD. Doubtless he will not take your call or be permanently unavailable. This is yet another stick to beat them with

[angel_1]

hiya mr mill

 

im subbing if i may as was referred to your thread by 42man - thanks

 

i have been very much assured by own problems on this site so you can hopefully get to feel a bit better about stuff

 

keep positive and keep learning and reading all the links others give you

 

you will find out your rights pretty quickly

 

good luck will look in as updates come in

 

take care and dont worry too much

 

laters angel x

[mr_mill]

Firstly thanks again to ODC, 42man, seminole & angel_1.

 

This has been going on so long I'm kinda past the fearful & worrying stage & just live with it but I'm postitive about getting it all sorted out.

 

I'm going to read all this information try to set aside the demand and also CCA them.

 

I shall also complain about their practices because I believe they used the first S/D 2 years ago as scare tactics & the process server has been knocking on neighbours doors to ascertain if I live at the address which I think could be considered as publicly embarassing for me.

 

Also the s/d was not in an envelope so it wasn't kept confidential, I don't know if they should keep concealed but I just thought it should have been. Other family members could have read the s/d but thankfully I'm not hiding anything and that doesn't matter but to some people it does !

 

Anyway , I'll keep you all posted.

 

Thanks again.

Edited September 3, 2009 by mr_mill

[angel_1]

that is good to hear mr mill

 

but i really do hope you are not really a Mr Mill ,,,,,if so quickly change to a psuedo name

 

have a fun day laters angel x

[ODC]

Get the CCA request off TODAY. Study the cases on here to get an idea of good reasons for a Set Aside and make sure you get it in within 18 days of becoming aware of the SD.

[mr_mill]

Thanks , on with CCA now to catch todays post, then will read about set aside.

 

Mr_mill is nothing relating to my own name - got that one covered, cheers.

[mr_mill]

I'm concerned about signing the CCA as I've heard these clowns forge documents. what should I do ? just print name ?

[42man]

Spot on !!! don't sign....

[mr_mill]

Thanks 42man.

 

Just a thought, am I better off sending a statute barred letter because I have not contacted them or made any payments in what must be close to six years ?

 

Does the fact that they have still been sending demands in this period mean that it is not statute barred ?

 

I thought statute barred was if I hadn't acknowledged the debt in anyway in six years regardless of the DCA's attempts to contact me.

 

Or perhaps, request a CCA and send statute barred letter together stating I'm requesting CCA because I believe this debt is statued barred unless you can prove otherwise,

Edited September 3, 2009 by mr_mill

[42man]

You can put that in your affadavit Mr M.....and they will possibly still send a demand even if it is statute barred....

[mr_mill]

I've just found an old statement and a letter from the original credit card I reckon I'm about a year off statute barred.

 

I'll have to forget about the statute barred thingy & just continue with set aside and CCA.

Edited September 3, 2009 by mr_mill

[42man]

It will be statute barred if there is a gap of 6 years where you have not made a payment towards the debt or acknowledged it in writing...(5 years in Scotland)...

[babybear39]

I see you're in good hands already mr mill Good luck and best wishes, BB.

[mr_mill]

Thankyou Babybear39.

 

CCA done , now on with set aside stat demand.

 

Unfortunately I doubt it is statute barred but not far off in the grand scheme of things.

 

I wonder if 1st credit will have the statements & files from my cc company in order to prove it's not statute barred.

 

I expect they will have.

[babybear39]

I expect they will not have them yet If ever...

[lilly white]

looking in any help you need shout

[babybear39]

Please, please don't forget to report them to the OFT!