OH just received a SD from 1st cred

[babydoll0141917]

Hi

 

Took 1st credit 16mths to produce 2 sets of T & C for a CCa request no sigs..Today get a letter from connaught say they will pay 60% of the debt and OH pay 40%..me thinks they have no Executed CCa lol..they even said we can only offer this deal for one mth ..take up the oppitunity now lol:)

[babydoll0141917]

Hi

 

Today my OH received a SD from 1st Credit

..CCAed them over a yr ago..

Took them ages to send out a newly printed doc

..No sigs loads of pages, i think must be T and C new and historic!!

 

..the SD came by Interlink Express,,

But was just put through the letter box!..its a cred card £3.500

..we live in rented property.

.OH has no assets only a laptop

..all other stuff is mine has he moved in with me and nothing of any value any way..

..OH has been getting letters from 1st cred offing % off the last one being in june offering 60% offd debt..

 

SD wasnt served proper

..No name of court on SD..

..Do you think 1st cred are serious??

I think OH would prefer to be made backruped,,

He is a mature uni student unemployed and has nothing so would prob do him a favour

 

Cheers

[unclebulgaria67]

 

Have a read through the following link.

 

Legal Issues Explained - Statutory Demand

 

You really need to find out your nearest county court that deals with bankruptcy. As your OH will need to try to get it set aside. You don't really want him to become bankrupt, as it will affect him for many many years.

 

They issue the SD, as it is a good way to frighten people into paying. Once they realise, he has not money or assets, they won't bother, as to petition for bankruptcy will cost them £800+.

 

One of the valid reasons for getting the SD set aside is not being able to contact the person who signed the SD. So your OH should attempt to call the person noted on the SD once each day, over the next 3 days. He should not give any information, simply ask for the person. If they don't answer or they are not there, put the phone down. Make a note of the date/time phone call attempted.

 

He also needs to make enquiries about the last time this debt was paid for or admitted to. If 6 years have passed by without payment or admitting to the debt, it will be statute barred.

 

Here is another thread about a statutory demand process. There are loads of them in the legal issues folder, to help point you in the right direction,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/265319-capquest-stautory-demand-3.html#post3034954

[Michael Browne]

1st Credit had it's wrists slapped by the OFT regarding issuing SD's as a form of debt collection. 1st credit were required to undertake the following:

http://www.oft.gov.uk/shared_oft/press_release_attachments/1stcreditrequirements.pdf

[Duffers Mum]

he should be able to get that set aside without too much trouble...just download the forms, take them into the nearest county court which deals with bankruptcy, they will then send a date through to attend court..If it goes anything like mine did, about a week before the court hearing you will receive a letter saying they have decided not to go ahead...I went to the court anyway and got the SD set aside and costs awarded to me, which 1st cretins did pay, i've heard nothing else from them for over years, follow the advice of the good people on this site and you will be fine.

 

Good luck

[babydoll0141917]

I know this has probally been asked before ,, Should I send a I & E bank statement and proof of Earnings to bwlegal..

 

 

Definantly NOT ....they said they would consider £5 per month if we send..Is there a good worded Letter on here Basically telling them to get stuffed ??

[Jam_Buttie]

Only a Court can request to see this info.

 

Tell BWL to naff off.

[babydoll0141917]

Just has I thought

[huggy41]

just as jam_buttie has said .

you have to get it into your head that you are the puppet master and they are the puppets you pull the strings not them .

you could if you want thank them as you have done your own I& E and found that your cannot afford £5 per month so are going to give them £1 per month also if they would like to keep on with the letters then you will invoice them for your postage costs.

[babydoll0141917]

just as jam_buttie has said .

you have to get it into your head that you are the puppet master and they are the puppets you pull the strings not them .

you could if you want thank them as you have done your own I& E and found that your cannot afford £5 per month so are going to give them £1 per month also if they would like to keep on with the letters then you will invoice them for your postage costs.

 

 

I send emails now ..they send letters ..they can have £5 if that not good enuff, they can proceed with the BR petition

[BRIGADIER2JCS]

You should inform the ''politely'' in the the following manner.

To the Compliance Manager

 

 

Ref: xxxxxxxxxxxxxx

 

Dear Sir or Madam,

 

I refer to your recent request for an I & E statement from me regarding my generous and genuine offer to pay you £5.00 per month off the amount owed I am sure

I do not have to remind you that my personal finances are just that personal and only a judge may order me to produce such a statement.

 

Therefore I enclose the first payment of £5.00 and will continue to paythis amount each month until ordered to pay more, I shall also review my finances every 6 months and reserve the right to amend they payment to a lower amount if circumstances require this.

 

RD to the compliance manager.

[babydoll0141917]

Thanks Brig ..I dont suppose you know Lowells Bank details so I can set up a standing order ??.. I will send the Emai/ Letter l Monday

 

Thanks again

[BRIGADIER2JCS]

No sorry I don't but I will alert the team for help.

[citizenB]

The OFT has stated 'it is a basic principle that creditors cannot refuse to

accept payments from a debtor. If we receive evidence of a creditor

operating a deliberate policy of refusing to accept debtor created

repayments plans to the point where it is causing more detriment we may view

this as an unfair business practice'

 

Just a little bit of information for you.

[cerberusalert]

Their bank details are usually on the reverse of their letters. To set up a Standing order just use their branch no. a/c no. & the reference number on the letter.

[babydoll0141917]

 

Just a little bit of information for you.

Thanks CITZIENB ..

I have found Bank details for lowells BRIGADIER Will be setting up a SO tomorrow,,Then I will reply to their letter on Monday ..Thanks for all your help ..I know they say Diamonds area girls best friend..Well in this case CAG Is

[babydoll0141917]

Thanks CITZIENB ..

I have found Bank details for lowells BRIGADIER Will be setting up a SO tomorrow,,Then I will reply to their letter on Monday ..Thanks for all your help ..I know they say Diamonds area girls best friend..Well in this case CAG Is

 

And I will be Quoting what CITIZEN said in my Email

[Jam_Buttie]

Dera Sir/Madam.

 

Please find enclosed payment..

 

[citizenB]

Nice one JB

[babydoll0141917]

Hi All

 

I think I started a Thread on this but cant seem to find it ..sorry ..So will tell breifly

 

OH was Issued a SD from BWLEGAL on behalf of lowells..HE didnt get is Setaside,

 

 

He has nothing so BR would reall noty be a problem .

 

 

.However he has started paying Lowell £5.00 per month ,,He offered this to lowells 4 years ago and they totally ignored him ..

 

Found a letter off lowells .

.Saying they are here to help

..make us an offer .

.We made the offer and paying monthly

..I sent bwlegal an email telling them of the offer and the letter from lowells

..Didnt hear no more.

 

 

.Today got a letter from BW sayin they will shortly be issueing for BR.

.But to advoid it they are offering OH a discount..( I smell a Rat)..

Cant afford to pay what they are asking .

.Its £5.00 or nothing??

 

I have Emailed BW and told them to refer to the email sent to them on 6th September ..anything else we should do ??

 

Thanks

[Bazooka Boo]

Is this it??

http://www.consumeractiongroup.co.uk/forum/showthread.php?206100-1st-credit-halifax-CC-trying-to-delliver-SD-help&p=3256305&highlight=#post3256305

[babydoll0141917]

No BB .. I think Ive seen some Caggers saying their threads have disappeared. Mine has too by the looks of things

[babydoll0141917]

When A DCA sends you SOA..Is it to show how much the debt is in total..Or is it when the account went in to default amount ?

 

Thanks Guys

[bigshoes...bigsocks]

I've recently had one from Lowell and the only dates it had on it were for the period the statement related to (i.e. one year). No default days or anything like that on there.

[42man]

1st Credit and Lowell seem to be doing this at the moment.