Connaught/1st Credit Statutory Demand - WON *** DEMAND WITHDRAWN ***

[The Mould]

I have made a slight amendment of the 3rd Para from the bottom of your last post;

 

“The Claimant’s said failure to issue a valid statutory Default Notice prevents his entitlement to bring this action and his act of terminating the Agreement in the circumstances described in this case constitutes repudiation of the same. Since the Claimant has failed to adhere to statutory requirements, it is averred that the Claimant does not have the grounds for his alleged cause of action to rely upon, and can never now have a right of action having terminated the Agreement by his said act of repudiation”.

 

Remember to refrain from arguing “unlawful termination”, you are asserting repudiation of the agreement by the Claimant (creditor), because he has repudiated.

 

An invalid statutory default notice does not invalidate the creditor’s act of termination in reliance of that said notice and any other events thereafter, the invalid default notice cannot invalidate such events, because that would be illogical.

 

Kind regards

 

The Mould

[mevsthem]

Thank you The Mould, I will try to refrain from arguing "unlawful termination".

your time and input is really appreciated

kind regards

[mevsthem]

Well changed a few parts as advised, going to drop into cc tomorrow and hand in. Hope all goes ok

[mevsthem]

Just a quick question if anyone could answer please. Do I need to take original SD to court or the photocopy. Also do #i need to take 2 copies of attached documents or just 1.

Thanks again to all who helped

[mevsthem]

Well been to cc when I eventually found it, it's at the other side of town to the address on sd. Got there first time to find they wanted 3 copies of everything, so had to go copy another set. Returned to hand them in and they were very helpful. The lady went to check with the person that deals with sd's and returned and said everything was in order, I was within the time scale and I would receive a hearing date by first class post. Also they said that there is no need to swear the witness statement in anymore, as I've signed it that's fine.

Next question is what happens next, do I have to prepare anything ?

Kind regards

Me

[mevsthem]

Hi received a date from court for the beginning of march but it states " The hearing is for directions only if the matter is disputed ". What does this mean.

Also looking through my Dsar I have a few things ive noted and wondered if they are beneficial.

1. The acc says charged off end of feb 2010 and passed to moorcroft. I have checked the letters they have sent and I seem to have an extra letter than whats stated on dsar.

2. Previous to this I have various letters from Albion from Nov 09, before charge off and no mention on dsar. Should it be in my dsar ?

3. Also there are payments on statements after termination not made by me, can I find out where these have come from ?

 

checked on amount of interest Ive paid on acc, can't believe they have had 7.5k off me while account was open. If I had not paid all this money I could have paid them off and had a good holiday too !

Edited February 14, 2012 by mevsthem

[42man]

Interesting one, never come across that in a stat demand set aside....however, it could be that the judge wants to issue an 'unless' order....so unless they produce the default notice, termination notice, deed of assignment, notice of assignment, statements for the duration of the agreement,

[mevsthem]

Oh Dear, Another little thing i've noticed in the SAR. The application form they have sent me numerous times has a different account number on it too. It looks like account was changed at some point to another account number.

[42man]

Title duly updated...

[mevsthem]

Just a little update, Had a letter from connaught wanting to withdraw Sd, been to county court with it today and they have stamped it and put a copy on file just in case of underhand business. As soon as things are finalised I will give a full update with all the details.

A special thanks to 42Man and The Mould for all the help and advice

[mevsthem]

Hi, Just a quick update to this. Court date was set for today, rang the courts this morning and they said that the hearing was still listed so I decided to attend. I booked in with the lady at reception and I was not on her list. She went to ask the judge and the hearing was vacated. I will also receive confirmation in the post, so now I feel a lot better about it. Thanks to all and especially 42man and The Mould for all the helpful advice. If I can help anyone in any way please feel free to ask. Thanks again

[Dotty50]

Hi mevsthem,

 

Glad you managed to get your SD withdrawn.

 

Having received a threat of an SD from Connaught on behalf of 1st Credit I am having a look at some threads to see how to respond, like you, I have quite a thick folder of correspondence with Halifax and also have written confirmation that they are unable to supply the T & C's that applied at the time of the agreement being started.

 

I see you had some help from The Mould and 42man but where are Mould's posts? He has been very helpful to me in the past and wondered what he advised you.

 

I am off to dig out my file now and prepare a suitable reply and start yet another thread!

[mevsthem]

Hi Dotty, I have just looked through my thread and The Moulds input has gone. Maybe you could ask a Mod what has happened as I have no idea. If you start a thread I will take a look over your situation and help in any way I can as all situations are different. If theres anyway I can be of help please feel free to ask.

regards

me

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?341876-Connaught-Collections-Statutory-Demand-Threat

 

Here's my new thread and I will update as and when, I was just wondering whether to add to my letter that they have confirmed in writing that they cannot produce the original T & C's.

 

Thanks for your offer of help.................. I will be in touch no doubt!

 

I've asked the Site Team about The Mould.

[havinastella]

I hope you claimed costs!!!!!!!!!!

[mevsthem]

Unfortunately I could not claim costs as both parties signed to agree to withdraw the SD and costs. This was probably the reason they withdrew but at least it's got them off my back. Apparently the acc is back with O.C so will have to wait and see what or who appears next. Its a shame I know but what do you do when facing a S.D ?