statutory demand under section 268 1st credit finance

[francis7168]

i have been served today with the a statutory demand, by 1st credit,

trading as connaught collections, and given me 18 days to reply to the notice sent recorded delivery,

and demand for payment of £3800 ,

 

this is a credit card debt, which was placed in legal dispute with bank of scotland 2 years ago,

after i had the account audited by a claims management company,

 

it would seem the bank of scotland have sold the debt on yet again,

But this is first time i have been issued with this,

my problem is i can no longer get any contact from the claims management company

and i am in a real panic over this, and i really not sure what to do next,

i would be very grateful for some advice,

 

as some say the statutory demand is another form of a threat,

but i am taking this serious, as they advise me i have to apply to the courts,

[francis7168]

hi there really need some help and advice,

recorded delivery today given me 18 days to reply to a statutory demand under section 268(1)(a) of the insolvency act 1986

debt for liquidated sum payable immediately,

 

this was issued by 1st credit finance ltd, trading as connaught collections,

 

its in relation to a credit card debt for £3800, t

 

he debt was with the bank of scotland,

 

and has been in legal dispute for some 18 months,

since i had the account audited by a claims management company regulated by minstry of justice,

its quite clear bank of scotland have sold the debt on,

 

my concern is i have not been able to get any contact from my claims management company,

and i have 18 days to respond to this,

 

i would love some advice on how to go forward with this,

[dx100uk]

what were the CMC doing ??

 

investagting PPI reclaim or one of these spoofers that told you the CCA was un-en?

 

dx

[francis7168]

hi there,

i have had this account for some 15 years or more,

i had the accounts looked into for ppi as well as over charging,

 

the cmc found that i had been over charged from interest rates to, late payment charges etc etc, and over a long period of time,

 

so the dispute started with asking for copies of orginal agreement etc,

and to be honest i have had 18 months or so of non stop harrasment from the bank of scotland,

[dx100uk]

well dump the CMC as you can do what they do for free!!

 

anyhow.

 

you'll need to set aside the SD.

 

ideally and under current laws the SD must be attempted to be served IN PERSON to you?

 

had any doorsteppers?

 

not par chance got all the statements going back to its birth have you?

 

i've alerted you thread

 

me thinks this is a case of an SD beig used as a debt collection tool which is not on

 

however you'll still need to set it aside.

 

i've moved your thread to the legal forum

 

plenty of SD threads here to read or type in set aside SD

 

in our search top right.

dx

[francis7168]

hi many thanks for the info,

 

and yes i had all the statements and original agreements, going back to the start,

 

these were given to the cmc, and reason for the dispute, the stat notice was send recorded delivery via courier,

i have had some door knockers but they were warned off ages ago,

as i never made or agreed to an appointment,

as they got the standard warning letters to this fact,

i agree with you

 

i will have to get this set aside,

and i assume at the court they list,

i was just not sure what to say,

[dx100uk]

ok francis the troopswill pick this up in the morning

 

you say you 'had' all the statements...still got them?

 

they could be useful for reclaiming and a counter claim i think

 

dx

[francis7168]

hi,

in regard to the statements,

 

the cmc company has all the paperwork, and i am chasing the company to find out whats going on,

 

i assume i have 18 working days to submit the set aside with the court,

would you advise seeking a solictor to word the set aside

 

my other concern is that is states i need to reply to this within 18 days,

and also reads like i have to advise 1st finance to what i am doing,

 

is there a legal requirement that i have to advise 1st finance ,

or just the court, as far as i am concerned i am still dealing with bank of scotland and not 1st finance,

as i have not even been advised by bank of scotland of selling the debt,

[francis7168]

i have downloaded yours forms to have this set aside, your site is superb, i am just really not sure what to say in terms of defence,

[vinegarvera]

subbing! i have had the exact same thing happen to me yesterday..

[dx100uk]

i have downloaded yours forms to have this set aside, your site is superb, i am just really not sure what to say in terms of defence,

 

ok francis

 

the w/end will be a bit quiet

 

but if you hit an issue

just click the report triangle below your msg

 

dx

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post(1-Viewing)-nbsp

 

Regards

 

Andy

[42man]

1st Credit were well known for issuing stat demand and got a warning back in 2009 for the way in which they did it....more recently at the slightest hint of a dispute (which you clearly have and hopefully have documented) they normally step away and withdraw the demand. Although I detest this practice, if you contact them (and I would only suggest you ringing them if you can record the calls) I would state that this has been the subject of a dispute since XXXX which has NOT been resolved. IF you apply to set aside the demand in this situation then they will withdraw, to save you some time, you can either call the person named on the demand (but record the call) or drop them an email stating this.

 

Dear Sir / Madam

 

I have on (date) been served with a statutory demand.

 

It is my intention to set this aside at my local court, What I find most disconcerting is that it seems the original creditor have NOT made you aware of a major dispute that was highlighted back on (date).

 

If I do not hear from you within 7 days of the date of this (letter/email) I will have no hesitation in producing both this correspondence and details of the dispute when the issue of costs arises.

 

I trust this makes my position completely clear and I await your reply which should be dealt with in the most timely of manners.

 

Yours faithfully

 

(don't hand sign if writing by post and do send recorded)

[francis7168]

hi there many thanks for the help, i think i will e-mail your letter in, and take your advice, my major concern is that the cmc who have been acting on my behalf have all the details and records in relation to this, i have now made contact with the minstry of justice as i can no longer seem to get

any contact from this cmc company, can i also check with you with the wording below,

 

It is my intention to set this aside at my local court, What I find most disconcerting is that it seems the original creditor have NOT made you aware of a major dispute that was highlighted back on (date).

 

is the date above the date that 1st credit took over my account from bank of scotland, as stated on the stat demand, or the date i started the disbute with bank of scotland,

[francis7168]

hi be good to hear from you, re the last post, ref the dates, to be on the letter i am going to send in

 

thank you,

[42man]

It was when you first notified BOS of the dispute you can either give the date or state 'on or around'

[francis7168]

hi many thanks for the help, sorry to ask is it best to go to the court address that it advises me on the sd, or can i go to my local court,

i just want to make sure i do this correctly,

[42man]

It should be the closest court to you that handles bankruptcies/insolvencies, not all county courts handle bankruptcies/insolvencies you can check here - http://www.justice.gov.uk/about/hmcts

[42man]

Are you ok with what to put in the 6.5 ?

[francis7168]

hi i have the form, and going to start filling in tonight, first time for me, i am sending the letter you posted on here me them via recorded

delivery, thank for the court list very helpful, i will come back re the form if i run into trouble, thank you so much for the advice and help

[42man]

No problem, make sure you cover as many bases as you can.....and use high court references too if appropriate, hopefully you will have seen a number of other threads too.

[francis7168]

hi yes i have seen some of the threads, just trying to work out what to include, as there are so many threads, and what relates to

my case,

[vinegarvera]

Hi Francis,

 

I emailed the letter above from 42 Man, last Monday and got this letter through the post from Connaughts:

 

"I write further to your XX October 2012 electronic Mail in realtion to the above matter.

 

The contents have been noted, and we confirm that we formally withdraw the XX September 2012, and would advise that we are not aware of any dispute in the mattter.

 

I would be grateful if you could forward me details of your dispute so in turn I may make enquiries of the origional creditor.

 

We confirm that no further action will be taken against you by us until the matter has been resolved.".... and the bad grammar is not mine.