1st credit Stat demand

[cerberusalert]

Two threads merged

[zolajack]

Thanks. Donation sent

Edited March 31, 2011 by zolajack
adding

[nicklea]

OK, you really do have a problem here.

 

If a statutory demand is served personally, as yours was - even though you shut the door on him - you really do need to take things seriously.

 

There is case law that if you do not respond to a SD or you fail to get it set aside then the court do not need to consider any of your defences as you should have raised these when you were presented with the SD.

 

However, having said that, the court may give you some leeway as a litigant in person.

 

I don't know the full details of your case but, if the full amount is payable immediately - for example if you have defaulted on a credit agreement - then offering to make partial payments or a full and final offer of 5 percent is not a defence.

 

You need to be defending on the grounds that the debt is not enforceable or that you have a claim against them or that the debt is less than 750 quid or is otherwise secured such as by a charging order.

[zolajack]

Yes But!!

How to comply with a SD or have it set aside.

Inform the individual named in part B that you are willing and able to compound the debt , which I did.

[nicklea]

Unfortunately, if the debt is payable in full immediately then the creditor is not obliged to accept your offer of monthly payments or a full and final settlement of 5 percent. He is entitled to demand the full payment immediately.

 

In these circumstances, offering to pay monthly is not a defence unless the creditor voluntarily accepts this.

 

These are the actual defences that you can use:-

 

(4) The court may grant the application if—

(a) the debtor appears to have a counterclaim, set-off or cross demand which equals or

exceeds the amount of the debt or debts specified in the statutory demand; or

(b) the debt is disputed on grounds which appear to the court to be substantial; or

© it appears that the creditor holds some security in respect of the debt claimed by the

demand, and either Rule 6.1(5) is not complied with in respect of it, or the court is satisfied

that the value of the security equals or exceeds the full amount of the debt; or

(d) the court is satisfied, on other grounds, that the demand ought to be set aside.

[babybear39]

You need forms 6.4 and 6.5 from the insolvency servie website. You can get the afi. sworn at the court FOC usually. Are there any unfair charges on the alleged account?

[nicklea]

babybear,

 

It's too late for that I'm afraid. The OP had the statutory demand in post #1 above on 11th Feb and then states in post #21 on 31st March that they had the bankruptcy petition.

 

As they say, they need form 6.19 not the forms you mention.

 

I would suggest that the only possible defence here is that a s77/78 request has not been complied with and/or a defective DN

[babybear39]

Oops, sorry...Was looking at two SD theads at the same time.

[zolajack]

I'm afraid the Credit agreement was ok , and also the DN and NOA. So I had no defence really.

Is it too late to offer these people a full settlement of the total amount .?

[nicklea]

It's never too late to make offers to them. I would suggest that they really don't want to actually make you bankrupt.

 

Although the usual advice is not to talk to these people on the telephone it may be worthwhile calling them and seeing if they'll agree to you going back to making monthly payments or some other form of payment.

 

If you can manage to agree something on the phone then put it in writing and send it to them confirming what you have agreed.

[zolajack]

An update. Tried to phone named person on the SD on Fri 1st, not in office till Mon , left message to phone me urgent on Mon 4th , no call, phoned on 4th, office closed. Phoned 1st credit, told by the usual customer relation advisor (failed) (Where do they employ these witches) that it was too late to do anything now, and I should have got in touch when I had the chance. Tried connaught again got through and was advised that Solicitors were now dealing with it . Phoned their Solicitor and was told to put my response in email .

Emailed solicitor to ask what figure client would accept, e mailed again next day to ask about receipt of first mail and a wish to settle this debt and was advised that they were waiting for instruction from thair client.

Surely, if this went to Bankruptcy court it would be dismissed on the fact I have tried to pay the money but the creditors are being intrangigent and vexatious.

Anybody got a view on this?

[nicklea]

Sorry, I don't understand why you are saying they are being intransigent and vexatious?

 

They are entitled to demand the full amount. However, I really would suggest that they won't actually present a bankruptcy petition and that the solicitors really are waiting to hear from their client as to what sort of payment arrangements they would accept.

[zolajack]

Hi Nicklea

I did say in post 22 that I had been served with a BR petition. Ever since I have been trying to pay them . They have ignored my letters , refused to take my phone calls and now I'm waiting for their solicitors to "take instructions" I think I will just send them the full amount and be done with it .

[Mr Grey]

Has anybody come across Assist debt recovery and creditor service.

 

The OFT have been given invalid registered office details.The consumer credit register shows the Registered Office to be 43A Clarendon road, London, SW19 2DX, Companies House shows the Registered Office to be at a different address. Their failure to register their correct Office Address with OFT is misleading and prejudicial to consumers who may rely on the licence details to send correspondence to this company. An immediate complaint should be lodged with the OFT especially if this company is engaged in serving Statutory Demands.

 

Their use of an incorrect Trading name may also be illegal. If their letter head is displayed with a period as part of it then the OFT register shows the current trading name for A___t Group Limited to be without a period. The OFT publication OFT 147 on licence requirements states at page 10 that "it is a criminal offence to carry out any activity that requires a consumer credit licence under a name that is not on your licence."

 

Hope that helps

Edited April 10, 2011 by Mr Grey

[Duffers Mum]

I think this really does show why it is so important to respond to SD's as soon as you get them and get them set aside. I'm glad I didn't ignore the one I received from 1st Credit.

 

I hope you manage to get everything sorted out without them making you bankrupt.

 

Good luck

[zolajack]

I have been doing a bit of digging myself Mr Grey, Ciaran and Declan are named company officers Company address (Registered) as 43a Clarendon Road but the letter address I receved had a Hertford address. Current trading name ASSIST , Historic name ASSIST. with period.

Also the oink who delivered the BR was James Teague , and when I mentioned Clarendon Road to him he denied knowledge of it.Also he denied knowledge of Declan.

If you go into Google Earth , you'll see a woman sitting on the steps of no 43a holding her head in her hands.

The plot thickens.

Thanks for your message Mum

 

• 
  
• Electoral Roll 2002-03 Ciaran J Teague
   
  , , London, SW19 View Address
  Other occupants: Roisin Teague , Declan P Teague , Deirdre A Teague , James O Teague
   
  

[zolajack]

Looks like my last post was pulled for some reason, anyway thanks Mr Grey And Mum for your input.

Would the moderators kindly give me the reason for pulling my last post.

Thanks

[Mr Grey]

Companies House currently shows there is a proposal to strike off. Don't forget to complain to OFT.

 

The Address for OFT complaints is :

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

 

For the OFT switchboard or to contact OFT Enquiries and Reporting Centre via the switchboard, please ring 020 7211 8000.

 

It would be best to complain to OFT directly. The more valid complaints OFT receives about this outfit the better.

Edited April 11, 2011 by Mr Grey

[zolajack]

Finally got the F&F from 1st Credit's solicitors, originall debt and now plus £1800 costs, the B-------ds. Of this £1300 solicitors costs payed 7 days before the BR hearing, or it will go ahead.

[42man]

I would suggest that you SAR the original creditor if you haven't already. Have they presented the petition as yet ?.

[nicklea]

Have they presented the petition as yet ?.

 

It's in post #22. Apparently they did that on 31st March

[42man]

If you want to fight this then I suggest you go to the court in person and get EVERYTHING in the court files (you will be charged a small copying fee for this) having a repayment plan is not enough to set aside a demand or a petition. In the court files there should be an affadavit stating how the demand was served, but you would be surprised by how many times there isn't one. If the persons who served the petition and demand on you aren't properly licensed then it may be down to the judge to decide if this is an abuse of process or not. I have tried to ask this from the OFT but they failed to commit to saying it was. £1800 costs is ridiculous but may be granted by the judge. If you can afford to bring it under the £750 threshold then that would be good....they can't make you bankrupt on the back of their attempt at costs either. You may also have to show the judge that you aren't bankrupt. A true bankruptcy should be a lis among all your creditors. any charges on the account ? any PPI on the account ? If you are to defend this you will need to get your 6.19 in to the opposing solicitors and the court at least 7 days before the hearing. I think you should also at this stage attempt to set aside the demand too. BUT get all the papers from the court first.