Statutory Demand from First Credit

[Justforthem]

I have just received a Statutory Demand from First Credit for £3000.

 

I do owe the money and due to life circumstance have been to ill to deal with my debts.

 

I own my home with some equity in it.

 

What shall I do I don't want to be made bankrupt.

[Justforthem]

Please help I feel ill.

[babydoll0141917]

Hello and welcome ..1st Credit are issueing alot of these at mo ..please dont panic ..someone with more knowledge will be along soon .

[dx100uk]

tell us a bout the debt please

 

how did you get the SD via post?

 

dx

[Justforthem]

It was a loan borrowed from a bank about even years ago. I think I stopped paying it via a DMP about 3 years ago. They sent this demand via a courier who I signed for it. Why would they make me bankrupt when they could just charge my property, don't understand. I had a nervous breakdown this is why I stopped paying and I never heard anymore.

[AndyOrch]

Take a read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

Regards

 

Andy

[42man]

Do you know if they have attempted to serve it on you personally ? As far as you can remember were there any excessive charges on it ? any PPI on the loan ? I suggest that you send off a CCA request to 1st Credit/Connaught to start with. 1st Credit will follow through with their threats on most occasions, however once you raise a potential dispute they usually see sense and drop it.

 

You could possibly drop them an email along these lines - http://www.consumeractiongroup.co.uk/forum/showthread.php?367061-statutory-demand-under-section-268-1st-credit-finance&highlight=statutory

 

You will need to edit your letter (send recorded) to suit, along the lines of.

 

Dear Sir, I am in receipt of a statutory demand from your company.

 

For the record I will be setting this aside at my local court, I am also enclosing a postal order for £1 and making a formal request under the Consumer Credit Act 1974 for a copy of the agreement for this alleged debt. You will appreciate that you do inherit the rights and duties to supply this document in line with Jones vs Link Financial

 

I will also be requesting an 'unless' order for disclosure of the following documents, statements for the duration of the agreement, the default notice, notice of assignment, deed of assignment, details of any potentially missold PPI. I am sure I have no need to remind you of CPUTR2008 in line with the OFT and your own associations code of conduct.

 

If you do not either provide these within 7 days of the date of this letter or formal notice of withdrawal of the statutory demand, then I will have no hesitation in setting aside this demand at my local court.

 

If you do not respond I will have no hesitation in making this correspondence known to the judge when the matter of costs arises.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

(don't hand sign)

[Justforthem]

Take a read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

Regards

 

Andy

 

Thank you, think I need to get a cup of coffee and read this.

[42man]

In the meantime you should have a good read around these forums as you will become more knowledgable.

[Justforthem]

I am started to feel a fool now because I have called them and asked what it is because I didn't know. So does that count as proof that I have received it? I also signed for it courier at the door. I guess the are just bluffing me but I am also very scared

[42man]

Don't worry.....please try and relax, you have got 18 days from when you received the demand to set aside at your local court, however sending the letter above should show that you aren't going to be a push over and crawl under a rock.

[Justforthem]

What letter should I send them?

[42man]

Dear Sir, I am in receipt of a statutory demand from your company.

 

For the record I will be setting this aside at my local court, I am also enclosing a postal order for £1 and making a formal request under the Consumer Credit Act 1974 for a copy of the agreement for this alleged debt. You will appreciate that you do inherit the rights and duties to supply this document in line with Jones vs Link Financial

 

I will also be requesting an 'unless' order for disclosure of the following documents, statements for the duration of the agreement, the default notice, notice of assignment, deed of assignment, details of any potentially missold PPI. I am sure I have no need to remind you of CPUTR2008 in line with the OFT and your own associations code of conduct.

 

If you do not either provide these within 7 days of the date of this letter or formal notice of withdrawal of the statutory demand, then I will have no hesitation in setting aside this demand at my local court.

 

If you do not respond I will have no hesitation in making this correspondence known to the judge when the matter of costs arises.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

(don't hand sign)

[42man]

If they are sending out the demands using a courier service then a mediocre judge could possibly say that it was served (a risk that you wouldn't really want to leave yourself open for)...if they progress to petition stage then I wouldn't want to fight it on that alone, but any triable issue should be brought up at demand stage.

[42man]

I also urge you to report this to the Office Of Fair Trading too this is why - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[Justforthem]

I also urge you to report this to the Office Of Fair Trading too this is why - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

 

 

I have private message to you, as there is stuff I don't want to post on open forum

[Justforthem]

If they are sending out the demands using a courier service then a mediocre judge could possibly say that it was served (a risk that you wouldn't really want to leave yourself open for)...if they progress to petition stage then I wouldn't want to fight it on that alone, but any triable issue should be brought up at demand stage.

 

would they really take it to petition stage, surely it will cost them nearly as much as I owe them

[42man]

"would they really take it to petition stage," - in one word YES

[42man]

You might like to add to the letter that you await their confirmation of withdrawal of the demand in writing

[babydoll0141917]

Yes they would if you have your own home they would be able to get their money back, Im fighting them too at the moment

[Justforthem]

OMG I am on my own with children and they will steal my home

[42man]

Don't panic....spend some time reading around these forums and you will become more knowledgable...

[Justforthem]

very interesting I have looked on my credit report and it is only a few weeks until the original default falls off

[dx100uk]

you need to phone the bank first thing tomorrow and ask the direct question........

 

when was the last time i payed this loan please?

 

dx

[Justforthem]

I last made a payment to original creditor Dec 2010

so the six years is not up there

but the default falls off my file in a week.

 

This is silly to try and bankrupt me.

 

I know I owe the money although the bank did not send me a letter saying they sold the debt.

 

1st Credit did send a letter saying they brought the debt though.

 

If they want there money secured why in the heck dont they put a charge on my house to secure it and then I will pay them back as quick as I can,

in the meantime they have the security of my property,

it is not rocket science, but they try this silly bank rupt me instead.