Statutory Demand Received- At Old Address

[rich2568]

I received a Statutory Demand today from Connaughts acting on behalf of 1ST Credit.

 

They state that the debt has to be paid or agreed within 18 days.

 

Bearing in mind this was mailed by post 2nd class at my old address is it still suffice to serve upon me??

[renegotiation]

If it's mailed second class then no. I take it there were no hand posted appointment cards there as well?

[veilside01702]

Hi rich.....

Is this a debt you know about??

What do you want to do about the debt??

If it is a debt you are disputing then this is what I did......

1st port of call.....'Consumer Credit Agreement' request to both Connaughts and 1st credit......

They then have to supply a true copy of the original agreement, statement of account and Terms and Conditions....within 12 days of receipt.....If they don't the debt is unrecoverable till they supply the agreement, etc...

Then another calender month and they have committed an offence and they need to go to court and get a judge to allow them to persue you for the debt....

Also in the request to connaughts request a copy of 'the deed of assignment'....this will show if Connaughts or 1st credit own the debt....

If connaughts cannot supply this then they are not allowed to persue you....

Only problem is they will then have your new address.....

If you need any help just PM me.....

Russ

[rich2568]

Yeah- Thanks.

 

Halifax assigned the debt to 1st Credit (I can`t remember receiving assignment notice however)- who have I assumed instructed Connaughts to undertake the Statutory Demand.

 

It could be trying to bluff me. So I could do a S.R.A. request but I know there are no illegal charges on this account. I could do a request of CCA and inspect the document- plus a request of the default notice they should of sent? This way it challenges it for now- however they are guessing by mailing it to an address I moved out of over 3 1/2 years ago!!

[BankFodder]

Service of any proceedings is intended to inform the addressee of the proposed proceedings.

 

Even if the process is incorrectly addressed, if it finally reaches you or you finally come into the knowledge of the proceedings then the service is effective.

 

Incorrect addresses or 2nd class post etc are really only just technicalities.

[renegotiation]

It would be terrible indeed to try and get out of something to do with DCA's on a technicality. I would certainly never consider it and i'm sure no one else dealing with these DCA's would consider it either. However, in my opinion and 'strictly in theory' it is a technicality that would suffice from internet research.

[rory32]

How much is the debt for? Are there any charges on the debt? Do you have any assets?

 

A statutory demand is required to be accurate. A bankruptcy petition costs a little over £1K. It is estimated that less than 10% of SD's lead to bankruptcy proceedings. An SD is renowned as a typical tactic of DCA's to scare people into contacting them and paying them.

[Belaflat]

I have had 2 from connaught which came to nothing, both sent by second class post.

 

BankFodder is technically right but if no attempts have been made at personal service (which should be first) then I would take that as a bluffing technique. (my personal view and actions have been to ignore but this is my own opinion and not hard advice)

If you do contact them about it then you are acknowledging receipt and so it can be deemed as served.

 

Numerous members have had these served on them and found it was a bluff, the ones who have had to go further are those who have had them served personally via a process server.

 

Has this alleged debt been subject to a CCJ ?, if not I would state with 95% certainty that is a bluff but its up to you how you deal with it.

[renegotiation]

This a likely DCA view of statutory demands:

 

Statutory Demand Issues - Free Statutory information

[rory32]

You'll find similar info on the insolvency helpline website. A cheap and cheerful way to intimidate people into paying.

[Belaflat]

This paragraph sums up what I was saying.

The law assumes that a statutory demand merely paves the way for a petition. But it can be an incredibly powerful debt-collecting device without you even setting eyes on a petition.

[veilside01702]

Hi again rich....

If the debt is actually owed then it's best to agree a repayment plan with the DCA along with a letter requesting all further contact in writing. If they threaten and try to bluff you....then let them know you are aware of your rights...

If they haven't got any court orders.....just continue to pay what you can afford to pay...

If they threaten to send someone round then send them a letter stating that they will be liable for tresspass....you can send them this!

 

Please also be advised re your threats to send someone to collect goods from my home that:

 

There is an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without our permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me.

 

Take care....

Russ

[rich2568]

Thanks a lot for that!!

[Belaflat]

Areyou in fact making payments towards this debt.

If not at the moment then I would definately send a CCA request first before you do anything else.

If they produce a fully compliant agreement then start negotiating.

 

If they cannot, then I can give you the locations of some short piers where you might suggest they take a long walk on.

 

1st Credit and Connaught are not noted for fairness and civility towards those unfortunates who fall into thier clutches so I have no hesitation in suggesting that they be afforded every ounce of decency and fairness they have used against others.

[rich2568]

Areyou in fact making payments towards this debt.

If not at the moment then I would definately send a CCA request first before you do anything else.

If they produce a fully compliant agreement then start negotiating.

 

If they cannot, then I can give you the locations of some short piers where you might suggest they take a long walk on.

 

1st Credit and Connaught are not noted for fairness and civility towards those unfortunates who fall into thier clutches so I have no hesitation in suggesting that they be afforded every ounce of decency and fairness they have used against others.

 

Thanks for that- I`ll keep you posted!

[rich2568]

Received a letter:-

 

We are now in a position to present a Bankruptcy Petition following the recent delivery of our Statutory Demand.

 

We have no other alternative other than present a Petition.

 

A copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made on our part to avoid this intended action.

 

Now I am sure I`m not the only one getting these letters. Here`s a link to another poor soul being hassled!:-

(Taken from debtquestions.co.uk)

Posted: Tue Jul 03, 2007 10:21 am Post subject: Re: Carer in need of URGENT advice!!! debt-mental wrote:Quote:Dear XXXXX

 

I write to inform you that we are now in the position to present a Bankruptcy Petition against you following the recent delivery of our Statutory Demand.

 

As you have chosen to ignore the Statutory Demand or demonstrate an ability to pay the sum claimed, you leave us with little alternative other than to present a Petition.

 

Once a Petition is issued I should point out that the amount payable would increase with expenses, fees and costs including those of the Trustee following Bankruptcy.

 

The Trustee will be invited to liquidate your assets/estate e.g. property, with a view to settling this matter.

 

Regards

 

What do you make of the above letter????

 

 

So is it now time to CCA them?

What about harrassment regarding the possibility that they don`t even own the debt outright?

[Belaflat]

I got that after mine from Connaught too.

 

When I woke up this morning, my home and possesions were still here, my employer hadnt been contacted and bailiffs havnt kicked my door down and seized everything in my house...oh and my bank accounts were still open.

 

Its a standard format from them.

[rich2568]

I understand what you are trying to say Belaflat.

 

The point is do I still CCA them?

 

Also their processes are a bit doubious to say the least- I mean using fake S/D`s to start with. Are we talking about a complaint with the O.F.T. or their body the C.S.A.?

[Laiste]

Hi Rich,

 

You need to send a CCA request, bearing in mind the comments I made in my PM to you earlier. I would send the CCA request without any reference to the SD.

 

Regards,

 

Laiste.

[rich2568]

Hi Laiste

 

Here is a copy of my proposed letter to them:-

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. This alleged debt is now in dispute and until proof that the alleged debt exists any supposed legal action by yourselves must halt.

 

1. You must supply me with a true copy of the alleged agreement you refer to from 1st Credit/ Halifax who you supposedly purchased the supposed debt from. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, Postal Order Serial Number

 

2. A signed true copy of the notice of assignment from Halifax to 1st Credit to which I have never received a copy of. Bear in mind this Notice Of Assignment must follow the Law Of Property Act 1925- section 136(1).

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. Also, if proof of the alleged debt is not carried out I shall proceed with a complaint to the O.F.T. and C.C.T.A. who your organisation is a member of. The complaint will bely on the following:-

 

 

A breach of the Data Protection Act 1998- the agreement gives permission for your personal details to be processed, lack of one means you are doing it unlawfully.

 

Unlawful harassment- letters/phone calls demanding monies when there is no agreement amounts to harassment and will be a breach of s40 of The Administration of Justice Act 1970 and possibly also The Protection from Harassment Act 1997. Letters may also fall within The Malicious Communications Act.

 

Defamation- besmirching my reputation in letters & telephone calls by making reference to a debt I do not owe.

 

 

 

 

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 1974 and therefore is a complete defence to any Court claim that may be issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

 

Please comment if amendments are required- Thanks.

[Monty2007]

How much is the debt for? Are there any charges on the debt? Do you have any assets?

 

A statutory demand is required to be accurate. A bankruptcy petition costs a little over £1K. It is estimated that less than 10% of SD's lead to bankruptcy proceedings. An SD is renowned as a typical tactic of DCA's to scare people into contacting them and paying them.

 

Dear Rory

 

I did not know that, what is the £1 k cost made up of?

 

If a DCA undertakes a land registry search I assume that they are trying to find out if you have any assets to make a charging order against? In your view what would the level of debt need to be to make that worth their while?

 

Thanks

 

Monty

[rich2568]

I was looking for comments on my proposed letter 2 posts previous:confused:

[Monty2007]

Personally I would just sent the parts in black, you are requesting a "true and signed copy" of your credit agreement. I am not sure that the rest adds much. Ensure that they are sent Guaranteed next day delivery (not recorded since they don't) and I would send this to the original creditor and the DCA.

[rich2568]

The point is do I still CCA them?

 

 

Is contact always a smart move?- remember this is my old address!!

[Belaflat]

I would defer to Laistes expertise on this one.

 

I have not contacted Connaught's at all yet and nothing has happened to me and I have received the same documents as yourself.

 

To be honest, they are not really sure where I am since I am being contacted over LloydsTSB debts at 2 different addresses, 1 mine and one my brothers with the same initials. This could prove interesting later on once I get Lowells off my back.