Jump to content
kekeeler

Received an interesting SD cancellation letter from Connaught Collections - Advice please....

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3646 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I received a formal hand-delivered SD on 26th July and thanks to the helpful advice of 'harrassed senior' I issued a formal request the next day for a CCA which they received on 28th July.

 

Received a letter with the following text on 3rd August:

 

Dear Sir,

 

Re: 1st creditlink3.gif Ltd- Halifaxlink3.gif Outstanding Debt - £9064.43

 

I refer to the above stated matter and your letter dated 27 July 2010 received today.

 

I have noted your request for information to be supplied under the Consumer Credit Act, I write to confirm we have requested this information from our client and shall provide it to you as soon as we are in receipt of the same,

 

I must at the point advise you that due to the fact the outstanding debt has been assigned from the original creditor to our client, it may take longer than the 12 days specified within the Consumer Credit Act. We confirm no enforcement action shall be considered by Connaught Collections until this information has been supplied to you.

 

Should you wish to discuss the matter in the mean time please do not hesitate to contact us.

 

Yours faithfully,

 

Mr D Williams

 

This is bearing in mind that the time limit for their providing a CCA copy is 11th August (next Wednesday). Today I received another letter, text as follows:

 

Dear Sir

 

Re: 1st creditlink3.gif Ltd- Halifaxlink3.gif Outstanding Debt - £9064.43

I refer to the above stated matter and our recent Statutory Demand served at your home address.

In light of your recent request for a copy agreement, I write to confirm we have formally withdrawn our Statutory Demand served at your home address; negating any requirement for an Application for Set Aside.

 

In the event you make an Application for Set Aside and the issue of costs is raised, we shall refer the Court to a copy of this letter.

 

Yours faithfully,

 

Connaught Collections

 

------------------------------------------------------------------

 

Has anybody else experienced this and does it act as sufficient evidence that they cannot proceed with Bankruptcy proceedings. Does anyone think this is simply a stalling tactic?

 

Should I continue with a set aside or wait and see what happens?

 

If I get it set aside, on what grounds should I do it as I see from some comments that maybe simply not receiving a CCA copy is grounds enough.

 

Because of all this I have also sent a request direct to the Original Creditor for statements detailing charges, interest, etc. in a view to checking on whether there was an PPI or unlawful charges applied and the enforceability of the debt.

 

Any help appreciated...

Share this post


Link to post
Share on other sites

When I received a similar letter from 1st Credit saying they would not be going ahead with the statutory demand, I still attended court because I could not be sure they would turn up on the day, I got the SD set aside and costs awarded which 1st Credit did pay me :D i've heard nothing from them since and that was over 2 years ago.

 

I suppose you could contact the court to see if they have received a similar letter...the court asked me why I had turned up when 1st Credit had withdrawn and I merely said I knew they had used similar tactics before, which he was ok with.

 

Good luck :)

Share this post


Link to post
Share on other sites

Hmm, very interesting, issuing SD's like confetti eh!

 

Well for their trouble in doing so, you MUST report this tactic to Consumer Direct - Contact us as the courts take a very very dim view of using this method to coherce the alleged debtor into paying.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites
When I received a similar letter from 1st Credit saying they would not be going ahead with the statutory demand, I still attended court because I could not be sure they would turn up on the day, I got the SD set aside and costs awarded which 1st Credit did pay me :D i've heard nothing from them since and that was over 2 years ago.

 

I suppose you could contact the court to see if they have received a similar letter...the court asked me why I had turned up when 1st Credit had withdrawn and I merely said I knew they had used similar tactics before, which he was ok with.

 

Good luck :)

 

I haven't actually applied to have it set aside as yet and I don't know what grounds I should do so under and what wording to actually put on the forms...Like I said earlier, it seems there may be some question (here on the forum) if the only grounds are not sending a copy of the CCA...

 

You said contact the court to see if the SD has been withdrawn, is that the court stated in the SD document?

Share this post


Link to post
Share on other sites

Ok, I thought Con-naught and thier partners in crime 1st Crudit had learned from their mistakes...obviously not.

 

The problem with this is, they have issued a SD that means within 14months of its issue they can proceed with the petition to make you bankcrupt. Had they not issued it you would not have gone through with the research and stress of getting it set aside.

 

Their letter means nothing in terms of you continuing with the set aside action, if anything it goes in your favour as this shows the judge that they served you with a SD knowing that at the time of service they had no legal documentation required to take any kind of legal action against you. It will be obvious to the judge that the dca have banked on your ignorance in order to aid debt collection.

 

They have been known to attend court even after sending letters saying they wont especially when they recieve notice of costs being claimed.

 

My opinion would be to get it set aside, that means that they cannot pursue this petition. Had they not issued it in the first place then you would not have had to get it set aside and if you are awarded costs it might mean they think twice about sending them out again.

 

I would just ring the court and ask if they have had any correspondance from them re cancelling the SD.


Advice given is my opinion only, I am not a legal or financial expert (far from it).

Share this post


Link to post
Share on other sites

In my case 1st Credit (prev Citi) did not provide a copy of the CCA, just a load of T&Cs. The judge did ask me if I owed the money and I just responded with something along the lines of "I don't believe I do, because they cannot provide the correct documentation to prove that I do", he said fair enough and if I'd admitted I owed the money he would have ordered that the costs awarded to me of approx £130 be taken off the outstanding balance, but in this case he directed they send payment direct to me.

Share this post


Link to post
Share on other sites

I don't suppose you can tell me what you put on the forms for the set aside or point me in the right direction. I've asked a few times and there seems to be a few conflicting comments dependent on which thread you look at here?

Share this post


Link to post
Share on other sites

Your reasons for requesting the set aside will depend on the details of your claim.

 

Is the alleged debt a loan, credit card, hire purchase etc?

Is the alleged debt an overdraft?

Does the alleged debt have additions of service charges, interest charges etc?

Did you try to ring the named person on the SD?

Was the SD served by hand or did it arrive by post?

Was the allged debt already in dispute, had you already requested a CCA and the time limit expired?

 

These answers to some of these questions can be used for reasons to have the SD set aside.

 

For further information you could read this which should clarify a few things for you:

http://www.consumeractiongroup.co.uk/forum/showthread.php?112326-DCAs-Statutory-Demands-a-few-strategies

 

Hope this helps


Advice given is my opinion only, I am not a legal or financial expert (far from it).

Share this post


Link to post
Share on other sites
Your reasons for requesting the set aside will depend on the details of your claim.

 

Is the alleged debt a loan, credit card, hire purchase etc? Credit Card

Is the alleged debt an overdraft? No

Does the alleged debt have additions of service charges, interest charges etc? Not sure

Did you try to ring the named person on the SD? No, as I rang them prior to receiving an SD after receiving a letter stating they were no longer accepting any offers and they were pursuing FULL payment on the debt. They confirmed on the telephone they would be sending an SD.

Was the SD served by hand or did it arrive by post? By hand, 26th July 2010

Was the allged debt already in dispute, had you already requested a CCA and the time limit expired? CCA requested (reply text from Connaught in first post of this thread)....The 12+2 days for the CCA expires Wednesday

 

These answers to some of these questions can be used for reasons to have the SD set aside.

 

For further information you could read this which should clarify a few things for you:

http://www.consumeractiongroup.co.uk/forum/showthread.php?112326-DCAs-Statutory-Demands-a-few-strategies

 

Hope this helps

 

Answers in red above. I've read the Stat Demand strategies thread and either I'm stupid or I can't find any text to suit my circumstances. I'm not good with legal jargon.

 

I've also sent a request to the Original Creditor requesting details of interest, charges and another copy of the CCA because there may be unlawful charges or PPI stuff relating to the account. The account is over 10 years old and I don't have records myself as many were lost in a fire 4 years ago.

Share this post


Link to post
Share on other sites

I can't find my paperwork, I suspect its in my drawer at work, will try and remember to dig it out tomorrow and report back with what I put!

Share this post


Link to post
Share on other sites

I have noted your request for information to be supplied under the Consumer Credit Act, I write to confirm we have requested this information from our client and shall provide it to you as soon as we are in receipt of the same,[/i]

 

By admitting that they do not own the debt themselves they have fatally precluded themselves from being able to bring legal proceedings against you without being joined in litigation by the OC as co-claimant.

Issuing proceedings where no right to action exists may be construed as an abuse of process by a Court.

Definitley still attend the set aside hearing, no right to action is another reason for having the SD set aside, I like the poster who mentioned to the Court that they still attended as this company have previous for pretending to cancel SD's, wouldn't do you any harm to drop that in if questioned.

 

issuing SD's on debts that they don't even own is probably another reason to complain to the OFt about this lot too.


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Share this post


Link to post
Share on other sites

I've had many comments suggesting I set aside but, as yet, nobody can help me as to what grounds I might do this on given the info I've provided on the situation. I need text on the affidavit that can relate to my circumstances and I can't believe nobody here can help me with it. I've dug around and STILL can't find something that I can both understand and will allow me to defend my position in court. I've found out that the idiots at Connaught directed me to Leicester County Court as the place I need to apply for a set-aside only to find they don't deal with my residential area at all and I'd have to travel to Coventry (30 miles) away which I could barely afford to travel to. Since I'm going to have to drag BOTH my kids (one being 2 years old) to the court as I have NO family or friends to take care of them I'm a little bit backed up to a wall here. My wife's boss would steal her clients if she took time off work (I'm not kidding, my wife lost half her hairdressing clients after taking a month off to give birth to the second child) being self-employed this would be disastrous. Like most people in this situation we can't even get days off to rest, let alone weeks.

 

I'm a little pressed for time and have been asking the same question for nearly 5 days now and getting a bit panicky. I have only Thursday or Friday to apply for set aside and only a few hours prior to these days to get the paperwork prepared so I'd like to get it right as I will not get a second chance.

 

Much appreciated.

Share this post


Link to post
Share on other sites

Have a read of jellybaby's thread. There is a list of reason for which you can set aside a statutory demand, completed affidavit etc ..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?268951-Capquest-sending-Statutory-Demand-help-please


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Ok, continue with the set aside, and your reason is simply they cannot provide you with the correct documentation needed to prove the debt is even yours. Produce exhibit No. A their letter as proof. Thats it, no other reason needed.

 

Submit your application for Charges no later than 24 hours prior to the hearing date, here is an idea of how to proceed - I pinched this from someones' thread!

 

Notes

 

Before undertaking this myself I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

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).

 

Hope this helps


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

Not owning the debt and failing to provide the correct Court information are further reasons to apply for set aside. Have you tried contacting the person named on the SD? Did you get through, do they exist?


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Share this post


Link to post
Share on other sites

The Defendant totally disputes the debt.

 

The alleged creditor has not provided a valid notice of assignment

 

The alleged creditor has not provided a legible copy of the agreement that contains the prescribed terms and is executed.

 

The alleged creditor has not provided any compliant default notice as required by the Consumer Credit Act 1974

 

The alleged creditor has not provided any statements for the duration of the account (it not being uncommon that some debts are made up entirely of excessive charges

 

The alleged creditor has not provided any proof that the alleged debt has been securitised under English law

 

Under section 78 (1) of the Consumer Credit Act a formal written request for any true copies of signed consumer credit agreements was sent to ******* via recorded delivery on the ********** (see attached document 1 – you need to copy the letter and the recorded delivery slip (take 2 copies) – to date they have not sent any copies of any Consumer Credit Agreements and they are in default of that request under section 78 (1) of the Consumer Credit Act

 

I believe there are no properly executed signed Consumer Credit Agreements

 

SECTION 78 (1) CONSUMER CREDIT ACT 1974

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and..

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

The Consumer Credit Act in section 78(6) States that

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

 

It must also be noted that the agreement must contain the prescribed terms.

 

Consumer Credit Act

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

(N.B - For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation……

 

The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6))

Citation

1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007.

Interpretation

2. In this Order “the 2006 Act” means the Consumer Credit Act 2006.

Commencement

3. — (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007.

(2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007.

Transitional Provisions

4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007. (cont)

5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in—

a)

sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act;

(b)

section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and

©

section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act,

in relation to agreements made before 6 April 2007)

 

REFERENCE TO CASE LAW

 

 

 

 

 

 

 

 

  • As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that:

 


  • ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to First County Trusts's right to recover the total sum payable on redemption, which included the principal as well as interest[i

SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40

 

THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT

 

The law states that without a prescribed agreement the courts may not enforce under 127(3) and

 

1.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:-

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

2.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”

 

I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.”

 

If the agreements are, as I expect, unenforceable by law or if no written agreement exists, then the respondent was in error when it stated that a liquidated and legally enforceable sum was due to the respondent at the time the bankruptcy demand was issued.

DEFAULT NOTICE

 

 

 

 

 

 

 

 

 

The Need for a Default notice

 

  • Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the demand.

 

  • It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

  • Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note 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. The prescribed format for such document is laid down in 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 2004 (SI 2004/3237)

 

  • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

 

  • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

The Defendant denies that he is liable to the Claimant as alleged in the demand at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

 

The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

 

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 asideclip_image001.gif and I kindly ask the the judge award my costs in this matter as a LITIGANT IN PERSON.

 

As a lone parent/low income earner/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

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).

 

try this hope it helps should cover what you need...no cca etc

Share this post


Link to post
Share on other sites

Great advice, that will send them running for the hills:lol:


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

Thanks for this. Is this the text I need to insert (changing the asterisks), should I include all of it: case references, etc.. Should I include the costs thing given they've sent a letter stating they've withdrawn the SD and they would present the letter to court should I try to obtain costs? What should I answer should the court query the fact they've withdrawn the SD in writing, or so they say?

Share this post


Link to post
Share on other sites

yep as is including references etc...tell court that due to the number of sd's being sent out by these bunch of clowns you have decided to apply to set aside..as you dont trust them ...they should not have issued without paperwork...their problem..go for set aside and costs...ignore their letter you may not have even received it...issuing stat demands as a debt collection device is a big no no.. and they know this....take em for everything

Share this post


Link to post
Share on other sites

Have found my short but sweet affidavit regarding 1st Cretins attempt to get a SD, it went along these lines:-

 

The alleged debt is totally disputed. The statutory demand was sent by 2nd class post which I believe to be an abuse of process, as according to the insolvency website it states that a claimant "can send a statutory demand by recorded post"

 

The alleged claimant knows that the account is disputed but at no stage have they notified me that they wish to discontineu this action(then I mention about emails being sent and their replies which I annexed to the affidavit).

 

I also mentioned the claimant produced no statements, no default notice and no letter before action.

 

I then mentioned about how much it would cost if I was to get a solicitor to act on my behalf (£510-1020) plus extra for attending court)

 

I alsoed added the bit Hammonds (a firm) v Pro-Fit US 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 for 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)

 

I finished with "I therefore request on the information above the judge sets aside the demand and gran my request for reasonable costs as shown in appendix C)

 

My costs were approx £130 and the judge awarded them to me, 1st Cretins paid up within the 14 days and i've not heard from them since.

 

Feel free to use any of the above if appropriate in your case and hope it helps.

 

Good luck :)

Share this post


Link to post
Share on other sites

Thanks for this. I'll be filling out the forms today with a view to applying on Friday for the set aside. They are in default as of today.

 

Probably will have a couple more questions before Friday but would like to gratefully thank everyone for their help so far...

Share this post


Link to post
Share on other sites

Just filling in the forms for set aside, on form 6.4 where it says 'attend before the Registrar as follows', do I complete time and date or is that done at the court?

 

For the 'names and addresses of the persons upon whom this application should be served' should I enter just 'Connaught Collections' or should I include the name of the individual mentioned, in this case a Mr D Silcock?

Share this post


Link to post
Share on other sites

Just filling in the forms for

set aside
link3.gif
, on form 6.4 where it says 'attend before the Registrar as follows', do I complete time and date or is that done at the court?

 

For the 'names and addresses of the persons upon whom this application should be served' should I enter just 'Connaught Collections' or should I include the name of the individual mentioned, in this case a Mr D Silcock?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...