I need some help please!!! 1st Credit Statutory Demand

[Fedoooo]

I have just received a Statutory Demand from First Credit recoded delivery signed for by my daughter on Thursday 27th for a credit card i used to have with Bank of Scotland for £5700

 

I do owe the money and due to life circumstances and the last time i heard from BOS is 2010 when I last made some payment.

 

I own my home with some equity currently 88% LTV.

 

1st credit t/a conna..

 

. claimed they bought the debt 31/07/2012 from BOS.

 

It was stated on the notice that I have 18 days to set aside and if i have reason to set aside i should let them

and also include details of my local court as place to set aside.

 

I'm new to this forum i urgently need help as not much time left for the 18 days expire.

 

Im really afraid i dont want to lose my home..

 

Pls help what can i do

[citizenB]

You have until 16th October 2012 to have this set aside.

 

They should have put the name of the court you need to apply to set aside on the Demand !

 

We need to know a little more about the actual debt.

 

Are there any penalty charges in the amount they are claiming.

 

Is there any Payment Protection Insurance that might have been mis sold - if you were to counterclaim for that would it clear the debt.

 

When did you enter into the agreement with HBoS

 

Have 1st credit contacted you prior to the issuing of the demand. Did they let you know that an assignment had taken place and that they were the new owner.

 

Were you sent a Default Notice from HBoS prior to 1st credit purchasing the debt.

 

We are seeing quite a lot of these at the moment.. will flag your thread for someone with more knowledge.

 

It might be later today that someone responds.

 

Meanwhile, can you please answer the questions above and let us have any other information you might feel is useful.

[Fedoooo]

thanks for your prompt reply

 

- To answer your questions: Yes, they put name and address of the court i need to apply to set aside on the Demand.

 

Yes - there are some penalty charges but wasn't challenged.

 

No - there is no PPI on the credit card.

 

Agreement with HBOS around 2004.

 

1st credit did not contact me prior to the issuing of the demand though they claimed in the SD that they have via telephone and letters .

 

The first time Im hearing about the assignment is the SD letter.

 

I can't remember if HBOS served Default Notice then about 3 years ago when i couldn't meet up with the payment.

 

Thanks so much for flagging...

 

will be expecting replies soon

[AndyOrch]

Subbed to thread

[42man]

I suggest that you send (1st Credit/Connaught) a CCA request in the first instance (you can find the links in my signature below) remember to enclose a £1 postal order and send recorded delivery. You will need to apply to your local court (one that handles bankruptcies / insolvencies - as not all county courts do) A SAR to the original creditor for good measure (you have to be seen to be making a reasonable attempt to gain information).

 

You may also like to drop 1st Credit and email too similar to this - http://www.consumeractiongroup.co.uk/forum/showthread.php?367479-Statutory-Demand-from-First-Credit&highlight=statutory

 

But send off the CCA request in the post ASAP

[Fedoooo]

Thanks so much for your help.

 

JUST TO GET THIS CLEAR SHOULD I SEND AN EDITED VERSION ALONG THE WORDED LETTER BELOW VIA RECORDED DELIVERY AND ALSO SEND AS AN EMAIL TO 1ST CREDIT?

 

 

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 inheriticon 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)

Edited October 3, 2012 by citizenB
formatted

[42man]

I think you should send it all via post (recorded and enclose a £1 postal order)

 

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 these documents 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.

 

Also note that 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]

You may also like to point out to them in your letter that they are still under sanctions from the OFT - http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[Fedoooo]

Thank you so much. will be sending first thing in the morning and keep you posting. One more question just been curious what happens when they don't reply and wait for the SD 18 days to expire. Any thought?

[Fedoooo]

Boom!!! I will add this as well. Thx

[42man]

1st Credit should in light of any dispute drop these like a stone, if you don't hear anything then you must set aside, you must also report them to the OFT too, and believe me with their sanctions they will not get a second chance...and with that in mind they will progress to petition stage.

[Fedoooo]

"....with their sanctions they will not get a second chance...and with that in mind they will progress to petition stage" Do you mean they will NOT progress to petition stage?

[42man]

If you don't oppose it they will....

[42man]

You can find a SAR here - http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

Unfortunately it will cost £10, but it could be £10 well spent, send a postal order and do hand sign it but put crosses through it, and send recorded delivery...

[Fedoooo]

Yep. I got it Thank you

[Fedoooo]

Yes - You're right they drop it like a stone- i received a reply for my CCA request, enclosed with copies of NOA (which i never got) and that they have requested CA from OC and that in the interim they will withdraw the SD. And that they will contact once they hear back from the OC.

[42man]

So have they written to you saying they are withdrawing the demand ?

[Fedoooo]

If you don't oppose it they will....

 

Yes - You're right they drop it like a stone- i received a reply for my CCA request, enclosed with copies of NOA (which i never got) and that they have requested CA from OC and that in the interim they will withdraw the SD. And that they will contact once they hear back from the OC

[Fedoooo]

So have they written to you saying they are withdrawing the demand ?

 

Yes - They have.

[Fedoooo]

what should i do next? just wait for their next move?

[42man]

Yes and a SAR to the original creditor might be a good idea....you could also send a CCA request off to the original creditor too.

[Fedoooo]

Yes and a SAR to the original creditor might be a good idea....you could also send a CCA request off to the original creditor too.

Yes I have sent SAR to OC last week will now follow up with CCA. Many thanks