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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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statutory demand under section 268 1st credit finance


francis7168
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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,

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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,

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what were the CMC doing ??

 

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

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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,

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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,

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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,

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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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)

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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,

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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

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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.

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