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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.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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

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

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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