Connaught Statutory Demand

[lilly white]

setting aside could be a problem as when they sent the forms back thay said i need to get another copy of the original statutory demand as i have crossed out relevant details(for when i posted on here) this is a nightmare and i might have to wait another four months to find out my fate.

 

i am confused is this the 2nd time its come back

[lilly white]

when did you scan the doc.

 

also was it sent 1st class post

 

who have issued the sd

 

Have you try to contact mr silcock

[d33]

No i originally went to the court, who said the s d would be ok if i submitted it like that (with some crossed out info) she ddid have to go off and check with someone. she said the 6.5 form was incorrectly layed out so i resent it last week after getting it sworn in with local solicitor, who read through it. then i was sent it back a few days ago saying it is still incorrect. and i should try to get hold of sd again if i want to set aside.

So much conflicting info.

[d33]

It was posted through my letterbox on last month. Mr Silcock is uncontactable keep getting a voicebox message. I have had 2 previous sd's in the last 2 years but pretty much called the bluff because of they were posted 2nd class

[d33]

and they never responded to cca request on the original one aprt from to say they were looking into it

[lilly white]

[d33]

i think i am going to send another cca request to and see what sort of response i get, if nothing comes back i will know better my position and i can also work on getting this set aside.

[d33]

Is the threat really nullified if you cannot contact the process server. Can anyone advise what would happen if it went further ie pettitioning stage would they still have to produce cca etc ? or would the judge take it as gospel that i owe ? if it isnt legal at the set aside why is it legal for them to enforce at the bankruptcy proceedings stage? thanks again:)

[hunterandthehunted]

subscribing with interest

[d33]

received the court forms judge and priestley , from northampton today , so looks like they are trying to get a ccj. i am paying £5 a month on my only ccj up to this point so if if comes to it maybe not a bad thing until i am in a better position to settle up.

Does anyone know can they still push for a bankruptcy petiition even if i keep up with the ccj payments ?

 

Still no CCA has been produced

[d33]

excuse my confusion again but as i am aware they can only push for charging orders bankruptcy etc if you dont fulfill the courts ccj requirement. which as i understand is what you can afford to pay( i have paid a minimal amount monthly for the last year and a half on my only current ccj with another creditor) as such nothing else has been pursued by them

[42man]

What are the particulars of the claim ? Next stage is to issue a CPR31.14 in line with the particulars.....list up the particulars (but don't be specific with numbers / amounts)

[d33]

the claimant claims the sum of xxxx for debt and interest. the defendant was indebted to xxxxxxxxxx bank ltd for credit advanced. the debt was assigned to the claimant. notice of assignment was given to the defendant.

and the claimant claims

1. the sum of xxxxx

2.statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00 % per annum from date to date, & thereafter a daiy rate of 1.12 until judgenebt or sooner payment

 

 

if you wish to soeak to us regarding this claim then please call xxxx

[42man]

OK have a read of this - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html send the CPR31.14...although as they seem to be avoiding default aspect, termination and mentioning the agreement then you should ALSO send this in the same envelope (CPR18 - http://www.consumeractiongroup.co.uk/forum/legal-issues/148845-bryan-carter-received-summons.html#post1573418

 

Send recorded delivery....

 

BUT...if you intend to defend ALL of this you need to acknowledge receipt of the claim from within 14 days of the date on the claim, if it is your intention to defend all, then you get a further 14+3 days in which to submit your defence....

 

Do also have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html and you must spend some time reading around other cases in these forums...

[42man]

Is it for a credit card ? loan ? overdraft ?

[d33]

It is for a credit card. Still unsure whether to defend it or whether to admit it and tell them i can afford a small amount a month. This worked with my one other ccj paying 5 a month. I still have another week, any advice appreciated. If they do get a ccj can they still go for bankruptcy after or does the ccj overide this ? thanks

Edited February 22, 2010 by d33

[d33]

Just an update, i was issued with a ccj last month which i found a relief to be honest, never been through much stress as the previous few months.

 

said on the forms i could afford xx per month, this was accepted by the court. I have since received another letter from Connaught entitled 'enforcement notice' we are dissapointed that you have not paid the mentioned sum of £xxxxxx we are now requested to take action to secure the recovery of this debt.

 

is this another bluff ? am i wrong in thinking as long as i keep paying my ccj amount they cant do this ?

[hatesdebt]

Sounds like a bluff to me. If the court has accepted payments and you did not get a forthwith order, they can only take further action should you miss the payments.