1st credit/connaught stat demand

[BRIGADIER2JCS]

Not a problem, the guys on a time limit,from your

posts re your girl friend she is a long, long way from any of this!!!

[busyjerome]

Hi Peeps

Just looked back again and some more scary info...the date on the stat demand is 30/8/11 pretty sure i didn't receive it until the 8th or 9th of sept EEEEKKKKK so i have a draft of what i am going to send from lots of little bits of info...any comments, corrections, observations welcome i will be handing it in on Thurs

 

2. That I ©

I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines (Complaint no NW************.)

 

I believe the creditor is in breach of

Rule 6.3 Requirements as to service

“The creditor is, by virtue of the Rules, under an obligation to do all that is reasonable for the purpose of bringing the statutory demand to the debtor's attention and, if practicable in the particular circumstances, to cause personal service of the demand to be effected.

(This was not adhered to) In short, the creditor is bound by obligation imposed by the rule, to do all that is reasonably practicable to cause personal service of the SD. To avoid the obligation the creditor is bound to demonstrate that it proved impractical to effect personal service. To achieve avoidance of the obligation he will be expected to attempt personal service, fail in that attempt and proceed to serve by some other way which he believes will cause the SD to come to the debtor's attention.”

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues. My request under s78 of the Consumer Credit Act 1974 was sent to 1st credit/connaught, the debt collection agency who claims to be dealing with the alleged agreement and have raised the statutory demand.

 

Further, I believe that the amount of £******* referred to in the statutory demand includes a substantial sum of unlawful penalty charges. 1st credit (finance) 3 Limited have not provided further information regarding the charges they have added to the account despite my requests by telephone, and still have not provided a statement of account (as requested under s78 CCA 1974).

[stormski]

Just doing a 'bump' to help him out to get top of list.

 

Regards,

Stormski

[Guest]

stormski

see all the links i posted #22.

[Guest]

busyj

site team 42man has sd experience if you want to pm him to look in?

[busyjerome]

Cheers ford I have mailed 42man so lets hope he can have a peek otherwise it goes as is on thursday

[42man]

As you signed for it by courier and you are setting it aside then basically it has been served......I think it is more relevant that they are in default of your request for a copy of your agreement, no default notice, no assignment, no termination notice, no statements for the duration of the agreement, possible missold PPI ? Have a look here - http://www.consumeractiongroup.co.uk/forum/showthread.php?309388-capquest-statutory-demand . (this defence is for statute barred but contains some useful information) I think a SAR should be done to Connaught as well as the original creditor, as you have to be seen to be making every reasonable effort to get information. You can also add to your defence that besides making a request using the Civil Procedure Rules and a Request for a copy of your agreement made under the Consumer Credit Act (of which they are in default) they have provided nothing.

[bob in debt]

Hi Jerome,Best of luck trying to set this aside. I think i might be facing this kind of thing soon. fingers crossed i dont.There was a thread similar to this where someone unsuccessfully attempted set aside a stat demand from Connells/1st Credit depsite a long list of reasons:It wont let me paste the link. Can someone with more posts find it for me? the person is called "the kid's mum" and the thread is "Statutory demand Connaught"hope you have more success...

[busyjerome]

Thanks All I will have a reword and get it handed in with my knees knocking, I think im really hoping that they will not defend but lets see

[Guest]

Hi Peeps

Just looked back again and some more scary info...the date on the stat demand is 30/8/11 pretty sure i didn't receive it until the 8th or 9th of sept EEEEKKKKK

..........).

 

afaik, the 'time limit' starts from the date of deemed service. so, if you signed for it on xxx then 18 days from then?

imo

[busyjerome]

Hi Here is my next step, I have sent this letter off 20th as well as another CCA request, I also handed my set aside in on the 22nd

 

Claim: ************

16/09/2011

 

********** VS MR D SILCOCK 1ST CREDIT (FINANCE) 3 LTD

 

Dear MR D SILCOCK 1ST CREDIT (FINANCE) 3 LTD,

 

AS YOUR RECORDS WILL SHOW THIS ACCOUNT IS IN DISPUTE AND HAS BEEN SINCE APRIL 2009. YOU ARE THE 4TH AGENCY THAT HAS NOT BOTHERED TO ACKNOWLEDGE OR CHECK THIS INFORMATION RESULTING IN A COMPLAINT TO THE FOS AND OFT

 

I have received the Statutory Demand sent by your Company or client. I will be informing the court I believe that the you have issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines imposed on 1st credit 2009

I also enclose the REF number NW************ concerning this complaint.

 

To enable me to file a defence I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil procedure Rules, the information and documents detailed below. The information must be furnished within 14 days of receipt to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Halifax

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge

 

I have received a reply which i will post up when i have time to type it but the jist is they have withdrawn the SD but i have already handed in my set aside

[busyjerome]

Here is the response

 

We are in receipt of your complaint via the Financial ombudsman Service which outlines your complaint as follows;

 

Complaint relates to debt collection for a credit card. Customer disputes the amount of the original debt and feels the firms should not be chasing him for this. Your request is to stop pursuing the customer for debt as the amount is in dispute.

 

We are also in receipt o your letter of the 16th September 2011 I have investigated the matter and find that 1st Credit Limited purchased the account in July 2011 from the Halifax in the amount of £XXXX they wrote to you on four occasions and also tried to contact you via telephone and text messages without response.

 

The account was subsequently passed to Connaught Collections on the 22nd August 2011 we wrote to you on the 23rd of August 2011 and also attempted to contact you by telephone and text without response. A Statuary demand was issued on the 30th August 2011 and on the 9th September 2011 you contacted our offices to inform us the account was in dispute as you considered the balance was made up wholly of charges

 

 

We refute your allegations that the issuing of a Statutory demand was an abuse of process intended to pressure you into paying the full amount. We have withdrawn the statutory demand at this time. The information requested within your letter falls within the data Protection Act 1998 and attracts a fee of £10.00 We are not aware of any previous dispute prior to you contacting us on the 9th September 2011. Please therefore provide us with copies of all documentation within your possession relating to your claim for unfair charges so that we can revert to the Halifax for their comments.

 

Our aim is to resolve all complaints internally however in the event that you remain dissatisfied with our responses you may refer the matter to the FOS within 6 months of the date of this letter a cop of their leaflet is enclosed. We hope that we can resolve matters for you before you take this step.

 

This raises a few questions for me

 

My letter was sent to MR D Silcock of 1st credit so why are connaught replying pretending that they are a different company (a pretend investigation i presume) and is this allowed?

They seem to have admitted that i have now informed them of a dispute that they were not aware of (I presume because contacting Halifax is beyond them )

They want documents from me about charges? I would have thought that the onus for this information would be on them or Halifax. And if they now have been informed of a dispute they should they be chasing anyway until they have investigated?

 

I'm not sure how this is going to go as i have handed in the set aside papers so i hope the judge arranges a date and they repeat their withdrawal or don't defend or maybe agree to the set aside??????

 

Any comments, suggestions, Ideas's welcome

I'm not sure of how to respond or leave it alone until i hear from the courts????

[BRIGADIER2JCS]

Hi, I think you would be wise

to send a SAR to the Halifax

they will have ALL the data

whilst 1st Credit will only have

data from the time they aquired

the account.

1st Credit is a debt purchase company

and Connaught is the debt collecting

are, so yes it's ok for them to respond.

[busyjerome]

Hi Brig

Cheers, I have sent an SAR to halifax many moons ago but had no response, I may send another another one just for fun but surely they should be able to collect this info???? to be honest if this sort of makes it a stalemate i will be happy its not really clear to me who has the next move, I don't want to supply them with any ammo at all by getting info for them so i'm tempted to sit it out as they have withdrawn the SD. Although i suppose the courts will dictate the next round.

[BRIGADIER2JCS]

Hi Jerome, Send them a formal

complaint stating that the have

failed to comply with your lawful

request under the Data Protection

act and your are reporting this to

the ICO.

Due to there non compliance unless

you receive ALL the information without

exception you will seek financial reparation

and the return of the stat fee.

[BRIGADIER2JCS]

Hi Jerome, Send them a formal

complaint stating that the have

failed to comply with your lawful

request under the Data Protection

act and your are reporting this to

the ICO.

Due to there non compliance unless

you receive ALL the information without

exception you will seek financial reparation

and the return of the stat fee.

[busyjerome]

Cheers Brig, I will do that I think they maybe getting a little fed up with the opposition to this as that last letter said final response. Last time that was stated on one of my others they didn't contact me again, lets see:-)

[citizenB]

At least it looks as though the stat demand has been withdrawn. Dont lose that letter !!

[citizenB]

They are, however, correct in that the letter you sent to 1st credit was Subject Access request by any other name.. If a sitution like this happens again. You MUST use the proper CPR and send a CPR31.14 request for information and ONLY for information that is mentioned either on the claim or stat demand.

[BRIGADIER2JCS]

I agree it's important to keep

all legal requests for information

completely separate from one another

or confusion reigns.

[busyjerome]

Thanks for the replies, I didn't really have much time to research or get advice so that letter was the closest thing i could find. So as it stands they have withdrawn the SD (even though i have entered the 6.4 - 6.5 forms) so thats the immediate danger and stress delayed. So do you think an SAR to 1st credit is in order to see exactly what they have rather than specific docs that a CPR31.14 request would have to be as you say citizen?

[citizenB]

Thanks for the replies, I didn't really have much time to research or get advice so that letter was the closest thing i could find. So as it stands they have withdrawn the SD (even though i have entered the 6.4 - 6.5 forms) so thats the immediate danger and stress delayed. So do you think an SAR to 1st credit is in order to see exactly what they have rather than specific docs that a CPR31.14 request would have to be as you say citizen?

 

 

If you want all the paperwork in order to be armed and ready JIC they decide to have another pop, then you will need to send the Subject Access request. You can find a draft template in the CAG library, linked at the top of the screen.

 

If at any time you are faced with another SD or a court claim, then you would need to follow CPR which is detailed in the pdf file below. You will find links to the CPR31.14 request in the pdf.

 

[ATTACH=CONFIG]30385[/ATTACH]

 

When did you submit your paperwork to the court ? Surely if the claimant has decided not to proceed ie withdrawn or discontinued after you submitted your formsn, then you should be advised officially by the court and the claimant, which allows you to claim for costs.

 

Please, please telephone the court tomorrow and just ask what the status of the SD is ?

[martin g]

If a defence/ set aside statement has been filed with the court the only way to stop the process running is for the claimant to file a consent order with the court.

There is a court fee for this of about £40 which I would expect the claimant to pay-as they are the party that started the action without having all the documents to hand to prove a debt.

You should also ask them to cover your costs to date.

 

I would be very careful over this, the legal process has started and cannot be halted on the say so of a letter from one party to the other. You certainly don't want to have a hearing in your absence think that the SD was put to bed.

 

Ring the court tomorrow and talk to the insolvency clerk who will know the right way to deal with this. Others in the office ( from my own experience) may not be up to speed on insolvency law which differs from County Court claims that they normally deal with.

 

Martin g

Edited September 25, 2011 by martin g
i'm too quick

[busyjerome]

My forms were entered on the 23rd of sept and the date on the withdrawn letter says the 22nd of sept, I received it on the 24th of sept. I will send the SAR to them to show i am trying to get all my documents. The clerk at the court said that what happens now is they get sent a copy of my forms,the judge gets a copy and makes a decision

1. conclude there are no grounds to to set aside and dismiss the application

2. decide there are grounds for set aside and arrange a date for a hearing

either way they said the court will contact me with the result so i presume the only other scenario is that when (1st crap it) get the defense they should state to the court that they have withdrawn or they just do not answer and don't defend.

So I think that because I have entered the forms and the court is obliged to contact me whatever the scenario, I should be ok, but I will definitely contact the court ( if they will answer the phone that is )

My only fear now is if the judge dismisses the application (so sending them a copy of the withdrawn letter may be a good idea)

 

Thanks for all the advice guys I think I have a clear way forward now

 

1. Advise the court I have a withdrawn letter and send a copy if required

2. Confirm with the court that i will be informed of the outcomes regardless of what happens

3. Send 1st crap it an SAR request to cover my actions

4. Wait for my CCA and SAR documents and the courts to contact me

 

Does this sound logical and straight forward?

[Guest]

busyj

yes, check with the court as you say.

as you have made an application, it may get listed for hearing and they would get notification of the hearing just now if not already. as martin suggests, they should then notify the court of their withdrawal.

re your costs, yes try for those. they may try and argue this that they withdrew and therefore the application is 'redundant'. but, as you say, you received their letter after your application.

re sar to halifax, as brig says, complain to them about this. do you have proof of delivery/payment of the 10£ fee? if so, then they will have no excuses. could try also and demand compensation for their failure to provide data within the the required timeframe, and the inconvenience. if no satisfactory response from them then complain to the ICO.

imo