Connaught/1st Credit Statutory Demand - WON *** DEMAND WITHDRAWN ***

[mevsthem]

Thanks Mold, its all starting to look a bit clearer now. I will draft a defence in the morning as I still have 17 days left. I have put together a letter which I will be sending to 1st credit tommorow stating I intend to have the sd set aside and that I will make a complaint to fos and oft stating the following

 

 

AS YOUR RECORDS WILL SHOW THIS ACCOUNT IS IN SERIOUS DISPUTE AND HAS BEEN SINCE THE xxxx 2009. AS YOU ARE THE 4TH AGENCY THAT HAS NOT BOTHERED TO ACKNOWLEDGE OR CHECK THIS INFORMATION, YOU LEAVE ME NO OPTION BUT TO MAKE A FORMAL COMPLAINT TO THE fos AND OFT.

I have received the Statutory Demand sent by your Company or client on the xxxx/2012. 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.

 

Also asking for any information held regarding this account ie Dn/Agreements to file my defence

 

regards

Edited February 3, 2012 by mevsthem
alteration

[The Mould]

No problemo memo

 

Heading in off these moors now, will catch up with you maybe on the morrow, if not, very soon thereafter.

 

Godzilla

 

Kind regards

 

and good night

 

The Mould

[mevsthem]

Thanks Mould and good night. see you still have the great sense of humour no grinding u down

[DonkeyB]

The fact that the account was in dispute was not a legal bar on the OC selling the account – it can be sold at any time, even when in dispute. The dispute simply follows the account. It’s the fault of the OC and the buyer that these disputes were not passed across at the point of sale.

[mevsthem]

Thanks for that Donkeyb. I was under the impression that the OC was not meant to pass on any of my details to a 3rd party whilst in dispute. Just trying to get my statement sorted in my head, then transfer it onto the witness statement. With regards to form 6.4, is the name of the person to attend hearing (a) the creditors name and address and also is it the courts details to be entered in (e) address for service

thsanks again

[DonkeyB]

Your point should be exactly as above – the dispute with the original creditor has not been resolved, and has been ignored by the new owner.

[mevsthem]

Hi, Just a quick one please. Do I fill form 6.5 out as a defence stating when the account went into dispute, non-compliance with cca request and include all copies of letters as exhibits. Just starting to write it out and a little confused

regards

[mevsthem]

Hi all, Right I have put together a witness statement that I intend to take to the courts this week. Could someone please take a look and please advise if this will be ok or not.

Thanks in advance for all the help

 

 

2. That on the xx/xx/xx after a substantial increase in the interest rates on the alleged account, a formal request was made under sections 77-79 of the consumer credit act 1974 for a true copy of the signed, executed agreement

 

3. That on the xx/xx/xx A formal notice exhibit marked “B” was sent to the creditor, placing the alleged account in dispute due to non-compliance with a formal request for a copy of the signed, executed credit agreement, which to date has never been received.

 

The defendant draws the courts attention to the high court judgement Wilson vs First County Trust.

The Wilson case made it clear in the absence of an agreement the creditor could not enforce monies due under ordinary contract law regardless of whether they could prove the debt existed or not. As this is a decision of the house of lords, its binding

 

 

 

4. On the xx/xx/xx A default notice was issue by the creditor which gave until the 29/10/2009 to pay arrears owing on the account of £xxxx , exhibit marked “C”.

 

5. On the xx/xx/xx a termination notice was issued by the creditor exhibit “D”, terminating the account without giving such time to remedy the account.

 

It is averred that the alleged creditor has not served a valid statutory default notice pursuant to s.87(1) of the Consumer Credit Act 1974 (as amended), therefore, he holds no entitlement granted therein to seek to enforce the agreement and it follows that he has no standing before the court in respect of the same.

 

6. The alleged creditor has failed to serve with the statutory demand a copy of the alleged agreement, statement of account, default notice and termination notice for this alleged account.

 

I gracefully request that the demand is dismissed and orders the claimant to remove any adverse default information that has been put on my files. I also request that the judge grants a bankruptcy restraining order in my favour against this company.

It is my belief that the creditor has 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.

 

 

 

COSTS

 

The defendant requests an application for costs, I draw the courts attention to a Mr Justice Warren and Hammonds ( A firm) vs Profit Usa Ltd 2007 EWHC (CH)

 

He confirmed that the insolvency service should not be used as a method for debt collection where a bona-fide dispute is in place. Save in exceptional cases, the court shall dismiss a petition based on such a debt and award costs against the petitioner.

[mevsthem]

A gentle bump before I get lost in the wildernss, Any advice on statement please

[norm1aj]

mev someone will be along shortly, for sure

[mevsthem]

A little update from my friends at connaught. On friday I sent them the letter as described in post #27 which was received by them yesterday. Today I received a fat envelope from scumnought with a covering letter saying they have been advised by Haliprats that there is no details of any outstanding dispute in relation to the acc and they would be grateful if i could furnish them with the same by return ?

In order to assist me please find the following

Notice of Assignment ? Never seen before

Exact reconstructed copy of credit agreement ? just a typed up t&c's with no signature anywhere, not even application form Haliprats sent me.

Statements of accounts - Cannot believe they have even put down ive made small payments into 2010 when I have not paid anything since around Sept 09

 

Who the hell do they think they are ?

 

Should I send them proof of my dispute and paperwork or just ignore them and go for set aside ?

Please advise

 

Not bad turnaround eh, receive my letter yest morning, been in touch with Haliprats and posted me all this c**p back in one day

Edited February 7, 2012 by mevsthem

[42man]

I think there are possibly a couple of other things you could put in to help you....

 

The claimant has provided no statements for the duration of the account.

 

The claimant has provided no notice of assignment

 

The claimant has provided no evidence of any PPI which may have been applied.

 

I also think that you should include this too.

 

The claimant believes that an offence has been committed by the debt collection agency under The Consumer Protection From Unfair Trading Regulations.

 

Offences relating to unfair commercial practices. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

Which clearly state...

 

Misleading actions

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct,

 

Interpretation2.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it;

 

“trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade

 

The defendant refers to the code of conduct stated by the Credit Service Association to which Connaught/First Credit are a member -

 

The code of conduct clearly states

 

d) Comply with Debt Collection Guidance as

Published by the Office of Fair Trading

q) Where a debt or the sum owed is disputed, as

soon as is practicable, supply information to the

debtor in support of the claim. Where no

information has been supplied by the creditor,

obtain the required support, or failing that cease

collection action.

 

n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts

 

You may also refer to the OFT's ruling back in 2009

 

"refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated"

 

By the way is the demand signed ?

 

 

Rule 6.2(2) stipulates for the name, address and telephone number of an individual to be communicated with should the debtor wish to secure or compound for the debt. And an individual must sign the demand

 

If it typed rather than signed then this COULD be considered an abuse of process (but this could depend on a judge)...

[42man]

If you are also able to show the judge that you aren't actually bankrupt too then that may also go in your favour.......

[mevsthem]

Thanks 42man, been up half the night trying to word witness statement. How would I show i'm not bankrupt ? also could do with some pointers from case law regarding not giving enough time to remedy default notice before terminating account.

Your help is really appreciated

kind regards

[42man]

Brandon vs Amex is one case to look at but this isn't positive for you BUT it was being appealed...

[42man]

You can show that you aren't bankrupt with an income and expenditure sheet / assets.....

[42man]

If there is any sniff of a 'triable' issue and a mjor dispute then a judge should set aside.....but I have to tell you that judges can vary wildly....you need a reasonably good judge on the day....

[42man]

Other cases you should read about are

 

McGuffick vs. the Royal Bank of Scotland

CAREY v HSBC

Phoenix Recoveries v Kotecha

RANKINE V. AMERICAN EXPRESS

[mevsthem]

Looked through all my paperwork last night, I am going to enclose copies of cca request, Acount in dispute letter all with proof of postage and copies of Dn/Tn showing a total disregard for law regarding times permitted to rectify default. My main point is that after a sharp increase in interest rates i requested a copy of cca to see what i had actually signed for, but giving that i only received a application form showing no prescibed terms i am disputing the account

[42man]

Excellent.....!!

[mevsthem]

Thanks, I must go do some work now, I will be around later. Thank you again I really do appreciate your valued opinion

regards

[42man]

You might feel more positive at this too - http://govanlc.blogspot.com/2012/02/glc-secure-unsecured-loan-write-off.html

[mevsthem]

I also have copies of various bemused letters with proof of postage stating account in dispute to blair,oliver moorcroft and the rest of the vermin. Think I will include copies of these, but I don't want a defence thats going to take 3 weeks to get through or is this acceptable ?

[42man]

You should make reference to them and include them in your witness statement, but you may not have to list each one separately.

[mevsthem]

Thanks for that, just worried as my witness statement will be about 4 pages long and didnt know if this is acceptable