Statutory Demand before Bankrupcy

[MancMonkey]

Hi

 

Need some urgent help please, a solicitor has contacted my mum in respect of a debt that has been under dispute for a number of years. Connaught have now purchased the debt and they are acting on behalf of Connaught Collections.

 

What does she do???

[cerberusalert]

What type of debt, roughly how much, how old & how long since a payment or written acknowledgement was made?

[BRIGADIER2JCS]

Connaught is 1st Credits Collection arm.

 

Has statutory demand actually been issued?

[MancMonkey]

I would say atleast 3 years since a payment was made so not statue barred.

 

The title says 'Statutory Demand under section 268(1)a of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately, for just under £7000

[MancMonkey]

No written knowledge apart from whenever a debt was moved to another debt collection agency we would send the standard CCA request letter then hear nothing. This is the first time we've heard of Connaughts :/

Edited September 28, 2012 by MancMonkey

[MancMonkey]

We also only have 18 days to reply - cheers

[cerberusalert]

What were the grounds for your mother's original dispute?

 

And what did the debt relate to; credit, overdraft?

[MancMonkey]

Basically she couldnt afford to pay the debt back, and so she requested a CCA however there has only ever been supplied an application form. It is from a credit card debt.

 

Thanks

[cerberusalert]

Well until they provide a CCA the dispute remains but they could provide a reconstructed copy which would be sufficient in a court case if the a/c was opened after 2007.

 

At the moment she can apply to a court to have the SD set-aside on the grounds that the a/c is in dispute & they haven't provided a CCA reconstructed or otherwise.

[MancMonkey]

She has had the account for over 10 years so we know there is definitely no Credit Agreement. So what does she need to do then letter wise? As there is no court address just an Insolvency Manager requesting payment within that Demand. thanks again

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

[MancMonkey]

Hi, I will adapt that letter as like I say this is the first time She's heard from them. Thank you

[unclebulgaria67]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

 

On the basis that they might not be able to provide the CCA, the OP needs to get reading about how to set aside the SD. Out of curiosity, I have just read some information online, which seems to suggest that judges will mostly allow set asides, if there are reasons why the matter should be fully considered in the courts, with the claimant using the normal county court claim process. So hopefully there will some threads in the CAG legal issues folder, where the set aside has been requested due to a dispute about the CCA not being provided.

[cerberusalert]

Well I would have thought that if they were in breach of s.77/78 & they cannot take enforcement until such time that a CCA is produced then the fact that they are threatening a SD is a breach of the OFT guidelines and if they apply for a SD an attempt to enforce is being made when they haven't the legal right to do so.

[unclebulgaria67]

Well I would have thought that if they were in breach of s.77/78 & they cannot take enforcement until such time that a CCA is produced then the fact that they are threatening a SD is a breach of the OFT guidelines and if they apply for a SD an attempt to enforce is being made when they haven't the legal right to do so.

 

This is one of the internet sites I was reading. Worth making note of the cases quoted.

 

http://www.gibsons-law.com/index.php/latest-legal-news/31-statutory-demands

[42man]

If it has been in dispute and you have some documentation then you should write something along the lines of what I have written here - http://www.consumeractiongroup.co.uk/forum/showthread.php?367061-statutory-demand-under-section-268-1st-credit-finance&highlight=statutory

 

If you sent off a CCA request a number of years ago, then it is clearly a relevant dispute......