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SD received, CAI/1st Credit/Connaughts re BOS Credit Card debt

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Hi all

Posting on behalf of the wife...(Not my mbna issues this time!).

 

As I've solely dealt with mine and she's never dealt directly with a dca,

 

she had a bit of a scare today when she received a letter (one in many threats)

 

saying that the dca (Connaughts) would apply to make her bankrupt (by means of petition I assume),

 

force the sale of her house (its in her name as we met after) and use the proceeds to clear the debt..

 

.now to me, after my minimal experience of these things with mbna, is not something they are entirely allowed to ?!

 

She became quite upset on the phone and agreed to set up a £160/month direct debit to stop them doing so.

Debt balance is £3800.

 

So...in short...my view of action is this (please correct me if I'm wrong or should do more)

 

Cancel the DD.

Request a CCA.

Then SAR.

 

Any help appreciated.

Regards

Paul

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Hi I doubt they would any more than a charging order for that amount especially if a ''reasonable'' offer has been made.

Cancel the DD and tell the it can only be paid by standing order if you decide to pay.

 

BTW how old is this deb, does it show on credit reference files?? Very important to check default date.

Yes CCA to Connaught/1st Credit and SAR to MBNA.

 

Keep all communications in writting do not get dragged in to phone calls again.


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Your wife has a debt of £3,800 with who ?

 

Are any payments being made, if not how long since a payment has been made ?

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Thanks guys...goin to sort the finer details mentioned tonite and post up.

Will sign her up to Noddle aswell to see who actually owns the debt now.

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Right guys...seems this is a little worse/further down the line than I anticipated :-/ Someone came to our house this morning and served my wife with a document...

 

"Statutory Demand section 268 1 a of the insolvency act 1986...debt for liquidated sum payable Immediately"

 

From CAI Finance (the creditor) enforced by 1st credit/connaught .. sum of £3829.32.

 

Account assigned to Connaught 31/7/12.

 

Since then, my wife had offered payments but was told they would not be sufficient.

..she has made no payments since July.

The document is in my wifes maiden name (if relevant)

 

The last page of the document states

"If you wish to avoid a Bankruptcy Petition being presented against you you must pay in full within 21 days of this notice

or arrange other means with the creditor" (which she has done today £160/month)

 

She has not cca'd or sar'd anyone...I WISH she had told me sooner!!!

 

I hasten to disagree that Connaughts will only accept that amount...its ALOT.

I dont see how they have previously refused smaller amounts. My belief was as long as you paid something they cant really argue?

 

My wife is unemployed!!!! and has been for 5 months since looking after our autistic son and his condition worsened!!

She has said the woman on the phone at Connaughts was vile and would not take "no" for an answer.

 

We will still be cancelling the dd.

 

Any thoughts please, thanks

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SORRY-to add it seems it Bank of Scotland..NOT RBS...

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To be honest, looking at this letter its just a begging letter "dressed" up to look "official" Theres a section that mentions the name of the local county court in the "setting aside demand" section but thats as legal as it gets/looks...

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Does this ''letter'' name a specific County Court to which you must apply to get the SD set aside???


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If it does then it's most definitely real and you have a limited time to act!!


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Might be a good idea to post that SD up minus personal info.


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oh great! Yes it names the specific name and address of the court (Chelmsford)

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If as you said this is a statutory demand and is headed as such then you ave 18 days to get it set aside.

 

This is looking very much like one to me so you need to act quickly.

 

This does not sound like a threat dressed up to look legal. It was also served by hand.

 

Please post up the first page minus personal information.


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Connaughts told her on the phone that this paperwork would not go ahead now as she has agreed to pay £160 a month.....

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Ahhhh, A 1st Credit ''Silcock'' SD Mr. Silcock is never available so set aside is on.


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I would not trust them one iota.


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I've come accross a few of these, Mr Silcock is unavailable. I thought 1st Crudit had stopped this after previous problems.


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what the first rule of dealing with DCA's

 

NEVER EVER talk on the phone!!!

 

 

time to get moving on the SD stuff

 

dx


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Ok..so how would I instigate a "set aside" and should we still cancel the dd?

 

So is Mr Silcock actually a real person?!

 

@dx--yep --- I know---believe me I wish she hadnt :-/

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Yes real but elusive!!


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ok, read another thread...so we should Set aside using forms 6.4 & 6.5?

 

and cca and sar also?

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The DCA concerned is well known fot the use of bankruptcy procedures at a tool for collecting unsecured non priority debts.


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What type of account is this....loan or credit card?

 

Are there any charges for late payment etc on the account or PPI which will help you with the set aside?


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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