Jump to content


Connaught Collections - Statutory Demand Received - **SET ASIDE GRANTED**


Morby68
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4460 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Do you have all the statements for the duration of the agreement ? any PPI ? I think if they are claiming that it is the agreement then do check the interest rates and that they correspond as in Kotecha vs Phoenix, any cancellation rights on shown on the agreement ?

Link to post
Share on other sites

  • Replies 69
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks dx100uk and 42man , much appreciated .

Sorry for the delay but been a bit under the weather .

 

In response to your questions 42 man :

1. This was a fixed-sum loan agreement but I have got all the statements , so I will check

2. There will be no PPI as I never took it out on any agreement I've ever had - always seemed a rip-off to me !!

3 .There are no cancellation rights shown on the agreement

4.They delivered the statutory demand to my home address which was signed for by my wife as I was at work , but that is the only thing I've ever had sent for personal delivery.

Hope this is useful and any further advice would be gratefully received

Link to post
Share on other sites

Evening 42man . I originally applied for the loan on-line . That took about 5 minutes which resulted in them asking me to ring up and complete a full application over the phone . They said I had been accepted and sent me the paperwork to sign and return through the post .

Link to post
Share on other sites

Just a message , particularly to 42man as well as everyone who has helped, to say thank you . I attended court this morning and despite the best efforts of the barrister for the other side , the judge was having none of it and approved my application for set aside . Unfortunately , judge didn't award me any costs but their bill was huge so not all bad . Once again , thanks again . Much appreciated .

Link to post
Share on other sites

Well done, Morby.

 

I have changed your thread title to reflect this.

 

If you do have a few moments, please come back and let us know what happened on the day and do also Please.. report them to the OFT :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Afternoon all and thanks once again . 1st Credit weren't represented by a solicitor but always by a barrister from Henderson Chambers in London .

 

I had my arguments lined up regarding incomplete copy of the agreement and no default notice etc but it never got that far .

 

At the time this debt was allegedly assigned from the original creditor , Halifax , I had an agreement in place to pay £10 per month which I maintained and have continued to maintain since 1st Credit became responsible .

 

The judge held that there was a clear case of promissory estoppel / contact of compromise and set the Statutory Demand aside . The other side tried to argue that they shouldn't have to pay their costs as 1st Credit had only purchased debts from LloydsTSB/Halifax on which there was either no dispute or payment agreement and so couldn't have expected there to be an agreement in place .

 

I pointed out that I had sent letters to 1st Credit over a month before they issued the Statutory Demand , stating that I intended to continue with this agreement . At this point the judge said they should have checked with the original creditor on receiving these letters and if they had done so , they should not have issued the SD . Consequently , the costs of the action were their responsibility .

 

If you need to know anything else , let me know .

 

 

Oh one other thing , I reported them to the OFT as soon as they issued the Statutory Demand . I have had a reply from OFT acknowledging my complaint but nothing else .

Edited by citizenB
popped in some spacing to make reading easiesr.
Link to post
Share on other sites

Morby, that was excellent.. especially this...

 

The judge held that there was a clear case of promissory estoppel / contact of compromise and set the Statutory Demand aside .

 

The annoying thing is where the Barrister attempted to claim that 1st credit only purchased debts where there was no dispute or payment agreement. 1st Credit know darn full well what HBoS are like and if you read the forums.. not just CAG but others as well, it is fairly obvious that almost all of HBoS accounts are being disputed for one reason or another.

 

Thank you for the summary.. it will be extremely useful.

 

And again, well done :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

This is an excellent result. A perfect use of estoppel.

 

As it happens, we have just recently filed a defence against Cabot using estoppel in exactly the same circusmstances. Cbot bought the debt from Yorkshire bank which violated an agreement to accept instalments. We have also included BCOBS.

 

BCOBS works very well with estoppel - although they would be alternative option.

Estoppel is used by the court to prevent an unfair result. This means that by allowing the estoppel, the court feels that the claimant - or their principle has acted unfairly. This is effectively the same as saying that they have acted in breach of BCOBS.

A shame that you didn't raise BCOBS as a defence because you would probably have had a BCOBS judgment which you could then have sent to the FSA.

 

Well done. Great result.

What a humane judge.

Link to post
Share on other sites

By the way, although you didn't use BCOBS in your defence, the use of the estoppel by the judge effectively means that he thought that Halifax were acting unfairly.

 

If you want to make a gesture of thanks to the people on this site who have helped and taken an interest, you could send a letter of complaint to the OFT and also to the FSA, complaining that the bank has acted in breach of their obligations and that the estoppel is evidence of this. Enclose a copy of the judgment.

Finally, once again, as a gesture to the CAGGERS - but also for your own interests, contact the bank and tell them that you want to make a formal complaint about them and that you want compensation for their unfair treatment of you and for their breach of FSA regulations.

 

I suggest that you demand compensation of £400 (my rough guess) or else you want it to go to the FOS. The FOS will take ages but they will not be able to ignore the judgment - and they will award you some level of compensation.

Make sure that you pursue the complaint vigorously. Do it all in writing. Enclose a copy of the judgment as part of your complaint.

Link to post
Share on other sites

Oh dear, 1st crud/CONnoughts at it again even after a slap from the OFT for using/abusing the insolvency service as a method of debt collection :roll:

 

When will they learn :???:

 

Report them via consumer direct to TS and the OFT. Exhaust their formal complaints procedure and go directly to the FOS :) Ask 1st crud ever so nicely to provide a 'deadlock' letter if they aren't going to deal with your complaint to your satisfaction as this saves time and letter ping pong :)

 

 

WELL DONE!!! :whoo:

Link to post
Share on other sites

Does this estoppel judgement mean that the debt no longer has to be paid or is the debt deferred to a later date for payment?

 

probably a stupid question but it has to be asked.

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...