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HELP - Connaught statutory Demand


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Hi,

 

Please help.

 

This morning i recived a statutory demand from Connaught in regards with a loan i had with Lloyds TSB.

 

Llloyds passed it to 1st Credit ltd, who have now passed it to Connaught to make be bankrupt.

 

The amount outstanding is £9886.66, which was a loan.

 

I had financial problems 2 years ago, and have not yet been in a position to make payments for this debt.

 

What should i do??

 

I don't want them to make be bankrupt???

 

:confused:

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It is just a scare tactic to get you to contact them. It cannot be served by normal post therefore if they really did attempt court action you can deny ever having received it (do not let them know you havee it though).

 

There's a good explanation on this thread

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75293-lowell-hamptons-satutory-demand.html?highlight=statutory+demand

 

Also if you click on the search box and type "statutory demand" or "connaught" you will find lots of posts and people actually laughing at having received this type of letter

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It is real in the sense that this is the first stage that does not have to be issued by the court. If they do send you the next form which actually comes direct from court and bears the courts stamp you can always claim you did not receive a properly executed stat demand (2nd class post is not sufficient) in which case it will be struck out.

 

In reality this is just a tactic to get you to pay and/or admit the debt. It will cost them £450 plus their own legal fees to make yo bankrupt. People are usually discharged from bankruptcy within 3 years and have to make no further payments towards the debt. In your circumstances it looks as if they will not recover their costs in that time, let alone any of the debt, hence it is a totally pointless exercise (not profitable) to them.

 

If no payments/acknowledgements have been made by you for a debt for 6 years (5 in Scotland) then it is statute barred permanently (Limitations Act), the debt still exists but there is no legal method of collection.

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agreed

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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it looks real though.

 

i read that they can serve this by post, if they are sure you live there.

 

It isn't and they can't. A process server has to be used. He can put it through your letter box but he would have to swear on his affidavit that he had good reason to believe that you were deliberately avoiding service. It is important that you don't let Connaught know you received it as you might end up remedying the service defect. The correct reaction to one of these letters is:lol::lol::lol:

"Why CCJ when you can CCA!"

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i'm getting confused by the threads i read.

 

some say send a CCA, and some say ignore it because it's a scare tactic.

 

if i ignore it, and it is real, how soon after will i recieve more correspondence from them about the demand

 

thanks all for help and advice so far.

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You could do both, if you CCA Connaught they cannot proceed further unlesss they provide you with copies of the correct paperwork. Also SAR Lloyds and cc it to Connaught.

 

Personally I wouldn't ignore it as some companies will take you to court anyway, but if you start the CCA it will put any court action on hold and if they cannot produce the necessary paperwork they will not be able to enforce the debt through the courts. If however they do have all the necessary paperwork you can then arrange a suitable payment plan and if they refuse your offer and take you to court you will be able to show the courts that you have made a reasonable offer of payment and they have refused to accept it. But worry about that if and when it happens.

No one can make you feel inferior without your consent :)

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Aktiv is right. You should do nothing for now - ignore it. In a few days time you will get another silly mass mailing saying this is your last chance to avoid bankruptcy. You can CCA on the back of that and at the same time ask why you haven't been served an SD if they are contemplating bankrupting you. That will stymie any possible court action and negate the original SD mass mailing.

 

The only letter received is an incorrectly served statutory demand. To request a CCA is acknowledging that the statutory demand as been received.

"Why CCJ when you can CCA!"

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my own personal experience and that of many others is that 1st Credit is a very aggressive creditor who *always* take a charge on the property if they search and find you have a house.

 

Be very careful with them.

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we rent our property , so theres no chance of putting a charge on the property.

 

i don't mind setting up payment plan to pay off the amount even if it takes a good few years, just don't want bankrupty to affect my credit history for 6 yrs from now.

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Statutory demands in your circumstances are a tactic used to frighten debtors into addmitting time barred debts & should be ignored.

Do not bother sending a CCA you could negate your limitation defence.

 

If they DO issue ordinary proceedings in the County Court then you can argue that in the absence of signed agreement they have not particularised their claim & you are unable to plead The court would then refuse to proceed until they provided better details of their claim,

 

In addition you should be aware that 1st Credit are in the habit of applying for charging orders. If that happens we'll tell you how to defeat them

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For those who are worried sick about statutory demands, this site, NetLawman has some info on thier use.

 

For the benefit of the Mods, it is a commercial site that specialises in selling procedures to our foes, DCA's and such but also offers free help and advice (although not to us I would wager)

 

There is nothing that any of us would want to use on there except information which explains how DCA's might think and act so I apologise if posting the link has crossed the boundary.

 

Here is an extract from the page

 

The reason why a statutory demand is so powerful is that the mere issue of a petition, no matter how easily dismissed, triggers a domino effect on borrowing and many other agreements. The usual words in any legal agreement, which entitles a party to avoid the agreement often, refer to the issue of a petition rather than an order for winding up. So your enthusiastic debt collection really could wipe out the largest of companies.

 

Reading the page further, this extract shows why nearly all the SD' posted about here are toothless.

 

Proof of service of statutory demand

 

Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit [or affidavits] proving service of the demand.

The affidavit must have exhibited (attached) to it a copy of the demand as served.

Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service.

If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit.

If neither paragraph (3) nor paragraph (4) applies, the affidavit [or affidavits] must be made by a person [or persons] having direct personal knowledge of the means adopted for serving the statutory demand, and must:

 

(a) Give particulars of the steps which have been taken with a view to serving the demand

(personally), and

 

(b) State the means whereby (those steps having been ineffective) it was sought to bring the demand

to the debtor's attention, and

 

© Specify a date by which, to the best of the knowledge, information and belief of the person making

the affidavit, the demand will have come to the debtor's attention.

The steps of which particulars are given for the above purposes must be such as would have sufficed to justify an order for substituted service of a petition.

If the affidavit specifies a date for the purposes of compliance with sub paragraph ©, above, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor.

Where the creditor has taken advantage of Rule 6.3(3)(newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit:

 

(a) The means of the creditor's knowledge or (as the case may be) belief required for the purposes

of that Rule, and

 

(b) The date or dates on which, and the newspaper in which, the statutory demand was advertised

under that Rule;

 

and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand.

The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2).

 

If you would like to read more or perhaps peruse the site then visit here

  • Haha 1

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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This also shows why it's very important not to do anything that might constitute an acknowledgment of service, such as replying with a CCA request. Nice one Belaflat.

 

For those who are worried sick about statutory demands, this site, NetLawman has some info on thier use.

 

For the benefit of the Mods, it is a commercial site that specialises in selling procedures to our foes, DCA's and such but also offers free help and advice (although not to us I would wager)

 

There is nothing that any of us would want to use on there except information which explains how DCA's might think and act so I apologise if posting the link has crossed the boundary.

 

Here is an extract from the page

 

 

 

Reading the page further, this extract shows why nearly all the SD' posted about here are toothless.

 

 

 

If you would like to read more or perhaps peruse the site then visit here

"Why CCJ when you can CCA!"

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