1st Credit - Statutory Demand Received - Help needed

[sam1234]

Hi I seem to have a similar problem!

I received a letter from debt collectors delivered by City Link couriers and signed for. Anyway it was a admin order for bankruptcy giving me 18 days to respond. The claim is for a debt that is just short of six years old and it looks like the are serious.Ive never had any contact with them in this period but this just came out of the blue. i would also appreciate any advice thats out there

sam

[mwf1982]

Hi I seem to have a similar problem!

I received a letter from debt collectors delivered by City Link couriers and signed for. Anyway it was a admin order for bankruptcy giving me 18 days to respond. The claim is for a debt that is just short of six years old and it looks like the are serious.Ive never had any contact with them in this period but this just came out of the blue. i would also appreciate any advice thats out there

sam

i sam you need to start your own thread? can i ask which debt collector has contacted you and who was the orignal creditor?

[DonkeyB]

Have alerted a mod to start a new thread for you – is it a Statutory Demand (SD)?

[maroondevo52]

Hi, sam1234.

 

I have started a new thread for you, I've pm'd you the 'link'.

Thanks for the 'heads up' DonkeyB.

 

Regards.

 

Scott.

[sam1234]

connaught collections on behalf of associates capital

[mwf1982]

connaught collections on behalf of associates capital

 

hi again sam i think you will need to explain more about the debt and the letter you received from the debt collector.

[sam1234]

stat demand under section 268(1)(a) 0f insolvency act 1986

amount is for £1740 Associates Capital Corp agrement. the benefit of the debt asigned under agreement to 1st Credit finance ltd dates 22/10/2004

[sam1234]

it was delivered by city link and signed for. I moved some years ago and havent had any dealings with the company since inception

[mwf1982]

YOU ARE BETTER OFF WAITING FOR THE PROS TO COME ON YOUR THREAD AND GIVE YOU ADVICE ON A statutory Demand?

 

HAVE YOU MADE ANY CONTACT WITH DEBT COLLECTION AGENCY SINCE YOU HAVE RECEIVED THE LETTER ???

[sam1234]

no i was waiting to get advice

[mwf1982]

no i was waiting to get advice

I WILL SEND MY FRIEND A MESSAGE NOT SURE IF THERE ONLINE RIGHT NOW BUT SHE MIGHT BE ABLE TO HELP YOU. I RECEIVED A LITIGATION NOTICE NOT A statutory Demand.

[sam1234]

really appreciate yr help

[huggys boss]

subbing

[mwf1982]

really appreciate yr help

your welcome

[silverfox1961]

Hi,

It may be worth your signing up with one of the credit reference agencies to find out the actual default date (if you don't know it already)

 

The Statute Barred clock starts from the cause of action, not the default date.

[Jasper1965]

stat demand under section 268(1)(a) 0f insolvency act 1986

amount is for £1740 Associates Capital Corp agrement. the benefit of the debt asigned under agreement to 1st Credit finance ltd dates 22/10/2004

 

If the debt was assigned on 22/10/2004 then the failure to pay according to the terms and conditions of the account (ie the cause of action) MUST have occured some time before this. To keep it legal two periodic payments must have been missed before a default notice can have been issued and in those days 7 clear days notice plus postage time was required.

Simple maths points to the account already being well and truly statute barred even assuming the account was sold immediately upon termination and that termination occured immediatley upon (lawful) default both of which are highly unlikely.

Assuming it was a monthly account, you would have needed to miss two payments (2 months) before a default notice could be issued and then a further 7 plus 2-4 days (dependent on service) for the default notice to expire before the account could be lawfully defaulted, giving an actual 'cause of action date' of around 10th August 2004 at the VERY earliest.

You must defend the SD, there are several experts on this site who will guide you through it, SB in itself is a complete defence, there are probably other points for you to defend with as well.

Hit 1st Crud for costs (again you'll get guidance and you MUST report this sordid little operation to the OFT for issuing a SD on a statute Barred debt.

[coledog]

Hi

 

I have asked the site team to change the title of your thread to say 'Statutory Demand' so that people can give you the right help. I don't know enough about these demands but others do. Don't worry.

 

I can help you with the complaints but the priority is knocking this demand on the head.

 

I will keep an eye on this.

Edited October 3, 2010 by coledog

[sillygirl1]

I think title needs to say 1st Credit Statutory Demand so the 1st Credit experts can come on board....

[cerberusalert]

Title changed

[coledog]

Thanks - ignore my message

[coledog]

Similar thread to yours on the Legal Forum:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277854-Personally-delivered-Stat-Demand

[coledog]

Bump - can anyone help with this?

 

Another thread that may be useful

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

Edited October 3, 2010 by coledog

[42man]

OK...you really must attempt to get this set aside, as Connaught Collections are pretty vigorous about the stat dmeands and the follow through to bankruptcy.

 

Firstly I would recommend sending in a CCA request to both Connaught and the original creditor.

I would also reccomend a SAR to the original creditor

If the debt was assigned 6 years ago in October then they KNOW for sure it will be statute barred

You can dispute the debt for a number of reasons which you can find in the threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

You have to get your set aside forms 6.4 (set aside) and 6.5 (affadavit) in within 18 days of the date the demand was delivered, along with your affadavit which you can find here - http://www.consumeractiongroup.co.uk/forum/showthread.php?86067

 

Once you have filled out the set aside forms and the affadavit then you have to take them to a local solicitor to 'swear' them in (this usually costs £5) however you can also swear in the forms at your local county court (check that your local county courts handle bankruptcies/insolvencies - as not all county courts do, and as a side note your nearest county court (that handle BR's and insolvencies) should be mentioned in the stat demand, the demand should also have a telephone number and a person at the solicitors/DCA that you can talk to - (check these too)....you can check whether the court mentioned in the demand is the correct court by looking here - http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Once you have filled out the 6.4 and 6.5, get them sworn in (either as mentioned above) at a local solicitors or at the court itself (which you could do when you take the forms in) then await a hearing. You must also take at least 2 copies for yourself.

 

You will then be notified of a hearing date for you to set aside, and your costs you must submit so they are in the court file at least 24 hours before the hearing....

 

Any questions then please do shout....and do spend some time reading around these forums, especially in the first link I have given...

[42man]

It would seem to be clearly statute barred !!