Conaughts and a stat demand

[highjinks]

Hi everyone -my first post!

I had a letter from conaughts last year and did not know what it was about so I telephoned. Found out it was for a LloydsTSB debt amounting to approx 14K. The guy on the phone said as I called I had admitted the debt, being frightened silly, I agreed to pay 150 per month. I ended up missing a couple of payments due to my mothers death last year and when they contacted me again,It was with a stat demand (hand delivered by someone). I telephoned and made an agreement, and in my stupidity never applied to have the stat demanbd set aside. I paid as normal until Feb this year and tghings started to slide for thing or another and so am now in arrears by about 1800 pounds. Yesterday another stat demand appeared through my letter box.

 

I dont really know what to do. The debt I think is made up of bank account and a smallloan. Obviously there has been considerable bank charges on the account with LloydsTSB. Could I ask them for proof that I owe the debt (eg bank statements, letter from LLoydsTSB)? anhd also can they pursue if I try andget the bank charges back?

 

I know I need to try and get the stat demand set aside, but dont know a good enough reason, and also dont know how to go about it.

 

Please help.

 

regards

HighJinks

[Mortious]

was the debt yours in the first place?!

[highjinks]

Yes - I have no details from LloydsTSB trying to get the money just this letter last year from Connaughts, havent got a full set of statements for this as they closeed the account.

 

regs

HighJinks

[Mortious]

best thing to do is stop... send off letters for them to provide details of the account, debts, payments, etc etc i believe it is the SAR request....

that way the account should be put on hold as there is a complaint against it.

They should then send through everything you need to sort out why, where and when they charged you.

 

Only thing that goes against you is that it is your debt, and you stopped paying for whatever reason.

But still any charges to the account should only have been within the limits of what the OFT has stated.

[powelll]

Highjinks - When you were originally contacted by Connaught last year have you got any idea how old the debt was before you made a payment? You post indicates it was old as you mention having to contact them to be reminded of what it was regarding.

 

If, BEFORE you made the initial payment to Connaught, there had been a 6 year period where you hadn't made payment or acknowledged the debt in writing ( and there was no CCJ ) then the debt could be statute barred. The SAR should show whether this is the case but may be worth trying to think back...

 

If statute of limitations won't apply then all you can do is offer to pay what you can afford AFTER you have covered essential bills and expenses. If Connaught don't like it well tough. I would be EXTREMELY surprised if they followed up a Stat Demand with a bankruptcy petition. SDs are v cheap to issue, it will costs them a few hundred quid to petition for bankruptcy & if they aren't sure if you have any assets etc they could end up with nothing. IMO it's a very aggressive bully boy tactic to scare you ( it usually works too... )

 

Best of luck with this and keep us posted

[rory32]

First point is the one that powelll touched on, to make you bankrupt would probably cost them a little over £1K.

 

The second point is that a statutory emand has to be accurate as does the bankruptcy petition. Clearly if there are charges on the account the amount quoted is not accurate.

 

The third point is that judges do not like making people bankrupt.

[rich2568]

Any chance you could scan the Stat. Demand (with the important personal bits blacked out of course)as I`ve had one today from Connaughts acting on behalf of 1st Credit!!