Help - Connaught issued Statutory Demand yesterday!...

[kekeeler]

Hello people,

 

Have read through this forum for a while now due to high debts and harassing DCAs and see a few people have some helpful experiences/knowledge.

 

Background:

 

I am in debt around £80K across 16 creditors for various reasons but mostly due to a fire in my garage where I lost a lot of business stock and had turned it into a room I was going to run a future business from. Could not continue with the plans to open the business or continue another business I had so have been struggling since 2006.

 

With the aid of the CCCS I managed to get most DCAs to accept token payments and said I would be willing to put the house up for sale when sufficient equity existed to make suitable offers of settlement to all my creditors. However, the credit crunch hit and, at best as I recently discovered, I now have maybe £10-15K equity at most thanks to the low value sale of a similar neighbouring house that was extended and in better condition than mine. Most have accepted the arrangement but I have always been ‘harassed’ by Connaught threatening legal action.

I managed to buy time by saying I’d consider putting the house up for sale at the end of July and for them to agree to £5 pcm token payments until then. This was before I had an estate agent come around where they told me the sale price of the neighbours house and that a surveyor would not possibly value mine higher because of defects and buyers wouldn’t make higher offers anyway.

Anyway, I was told by a relative that they are due to receive a sum of money around November time and that they would give around £40K to help my situation. I told Connaught this and they wanted conclusive proof. However, the relative did not want their name/involvement mentioned in any way as they are also in trouble to DCAs themselves so I could not provide any. I told Connaught this (in writing) and offered to up payments to £100pcm until November and said I would review the option of selling the house again should I not receive this money (as the equity situation may have improved slightly by then anyway). They refused and said they would be issuing a Stat Demand.

The Statutory Demand was hand delivered yesterday and I am now in a bit of a panic as I don’t have the £9000 or so that Connaught are demanding. The debt was originally from a Halifax Visa Credit Card. This is extremely upsetting and is straining the family so I need help.

 

I called a relative and he told me about a firm that he had just found out about, registered with the Ministry of Justice, that specifically deals in cancelling unenforceable credit agreements made prior to 2007 and has offered to pay for me to challenge the enforceability of the whole debt as it was likely I only signed an application form and not a true CCA those many years ago. Apparently, this firm has had a 95%+ success rate in having unenforceable debts reduced/cancelled for many cards applied for prior to 2007.

I am due to receive a contract engaging the services of this firm and sign authorisation for them to request documents from Halifax.

 

What I need to do is to have this SD set aside or delayed until the outcome of that as I may have a legitimate case for an unenforceable debt.

 

I am wondering if any of you good people or legal experts could help me out on where I can get the appropriate form to have the SD set aside and how should I word it given I need time to contest the debt? Do I have reasonable grounds to get the SD set aside or at least delayed? Is there any other way I can delay this or get it set aside if employing a firm to dispute the legalities is not enough?

Please, please, if someone can help me at least delay this it would give me at least some breathing space as I will probably have some money post November to give. Bankruptcy is likely to destroy my family which is why I’m trying drastically to avoid it.

Another question: does the 18 days to have it set aside start from the date they state on the demand (20/07/2010) or the date it is physically delivered?

 

Sorry for the lengthiness of this but I thought it best to provide as much info as possible.

 

I’m happy to also provide the name of the firm that claim to cancel/reduce unenforceable debts. My relative who is paying them to help me out is also having them try to reduce/cancel his credit too even though he is not in trouble with DCAs so this might be helpful to others who are desperate.

Edited July 27, 2010 by kekeeler
Incorrect title

[fuzzybobble]

Don't bother with firms that claim to cancel/reduce credit agreements. They cannot actually cancel them. The OFT has been stamping down on a lot of them, because they're misleading people. I know they charge a lot when you reallise all they do is send out a couple of letters and charge hundreds of pounds for it. You can do all that yourself quite easily for £1 using info and the CCA request letter template from the forum library on CAG.

 

It's not too tricky to get a SD setaside. There's a fair few recent threads if you have a search for them, where people have got a setaside and also claimed costs for it.

[kekeeler]

The firm offers a refund if they are unable to obtain any reduction/cancellation. And by the sounds of it they have had a lot of success which is why my relative took an interest in them and, believe me, he is more skeptical about these sorts of things than most.

 

I have checked and they are registered with the Ministry of Justice and are legitimately registered via the http://www.claimsregulation.gov.uk.

 

I'm not paying for this service personally but it may be a justification to that the debt enforceability is in dispute.

 

Would me sending a CCA request also be useful anyway?

Edited July 27, 2010 by kekeeler

[harrassed senior]

To be blunt, going to these companies is, in my opinion a total and absolute waste of money, in part some are no better than the debt collection agencies themselves, what ever they say.

 

All you need to do is this:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

The above is the letter that any company you pay will send and it will cost you considerably more than £1!!.

 

If you were to send the above today, the 12 + 2 days will fall within the 18 days you are allowed to respond to the SD.

 

Once you have done that, below are link to the forms required to set aside the SD:

 

Forms for Setting Aside Statutory Demands:

http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

 

Downloading and completing them will cost you nothing, which is alot less than you would pay a company to do exactly that!!

 

If you do this today, you will have saved yourself probably a couple of hundred pounds already.

 

No one can give any further advice, including paid for services until the above letter is responded to.

[kekeeler]

Thanks, I'll get the letter out today but can you tell me if the 18 days starts from the day it is delivered or the date they put on the demand?

[harrassed senior]

The day it is delivered, I believe it is 2 working days for first class post, and 4 for Second Class.

 

However, wherever possible they should attempt personal service of a SD, so as yours was hand delivered the 18 days start then.

[kekeeler]

The day it is delivered, I believe it is 2 working days for first class post, and 4 for Second Class.

 

However, wherever possible they should attempt personal service of a SD, so as yours was hand delivered the 18 days start then.

 

Posted this letter today. Thanks for the assist thus far....

[harrassed senior]

I would now suggest that you make a start on the response to the SD.

 

Your reasons will have to be left blank for now, as we have to wait for either the 12+2 days to pass, or their response to your letter. As soon as you hear anything more, or need help with the forms let know.

[kekeeler]

I need to wait and see what the response is before coming up with an answer. Connaught are a bunch of lowlifes who love threats and may say/do anything or completely ignore what you say.

 

It has been ruining my health for months now worrying about these idiots as I generally have amicable relations with most other DCAs/Creditors who accept I can't pay more and take what I can give....

 

I am in no doubt I will be asking for more help shortly. Thanks for the help so far...

[kekeeler]

Received an interesting response from Connaught today. They claim they only received my CCA request (as sent according to helpful advice and a template) from people here.

 

I know the CCA request arrived 25th July (not 27th) because of a recorded delivery slip. Does the 12+2 days for their response begin from my date or their acknowledged receipt date?

 

I know this is a delaying tactic on their part because they can't supply the CCA right now.

 

Since they will have breached their requirement by next Wednesday does this mean I should write to them and say they are in breach (next week) or simply go ahead and have the SD set aside?

 

If I should go ahead can I get some assistance on what to put on the set aside and what I need to do. Bearing in mind that this SD was presented in person and not by post as I note that most set aside documents refer to posted SDs...

 

Any help appreciated asap so I can get onto this quickly....

[kekeeler]

I would now suggest that you make a start on the response to the SD.

 

Your reasons will have to be left blank for now, as we have to wait for either the 12+2 days to pass, or their response to your letter. As soon as you hear anything more, or need help with the forms let know.

 

Received an interesting response from Connaught today. They claim they only received my CCA request (as sent according to helpful advice and a template) from people here.

 

I know the CCA request arrived 25th July (not 27th) because of a recorded delivery slip. Does the 12+2 days for their response begin from my date or their acknowledged receipt date?

 

I know this is a delaying tactic on their part because they can't supply the CCA right now.

 

Since they will have breached their requirement by next Wednesday does this mean I should write to them and say they are in breach (next week) or simply go ahead and have the SD set aside?

 

If I should go ahead can I get some assistance on what to put on the set aside and what I need to do. Bearing in mind that this SD was presented in person and not by post as I note that most set aside documents refer to posted SDs...

 

Any help appreciated asap so I can get onto this quickly....