Urgent advice needed please

[Curlyben]

Just out of interest, Connaught seem to be very busy with Stat demands: http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1022929

But as soon as they get a CCA they give up.

[Curlyben]

This is worth a read, especially the parts about serving:

Legal Issues Explained - Statutory Demand

 

* You can send a statutory demand by recorded post, without the need of personal delivery.

So second class just doesn't cut it

[sitcom123]

Well a sleepless night worried sick about the letter we got saying they are in a position to present bankruptcy petition. I sent CCA request by special delivery yesterday for my friend only for her to get this letter in the afternoon! Should I ring Connaught or should I tell her to sit it out, the thought of bandruptcy petition has turned her into a wreck, Also the date on the first letter was 10th July postmarked 12th July arrived 19th July petition letter dated 25th July do these dates all tally with the 18/21 day thing my brain is pounding!

[Curlyben]

Cetainly a good idea to give these "people" a call and see what the score is.Also:

Ji, Jssandy01, can I suggest that you PM sequenci, as he is a resident lawyer very interested in these tactics (he is planning some kind of test case).

 

His computer is a bit damaged at the moment, so it might take some time for him to get back to you.

[sitcom123]

Thanks Curly, what do I say to them???? Do I say i have sent the CCA yesterday, will they try to harass me to agreeing payment, and if so should i agree for her to pay so much per month to alleviate court and then wait for CCA or what???

[Curlyben]

Well I'd explain that until the CCA is forth coming that this account is in DISPUTE and as such NO further action is possible.

DON'T agree to anything !!

[tomterm8]

OK. In the event of bankruptcy proceedings, since the statutory demand was sent by post, without an issuing court, all you would have to do is go to your local magistrates court and swear an oath or affirm the date you received the letter, and that would be the date of service.

 

Since you have responded to the letter within the required time after service, denying the debt, they would have to prove the debt before issuing bankruptcy proceedings.

 

Hope this calms any worry.

[Curlyben]

Cheers for that Tom.

I would tickle but I've run out.

[sitcom123]

Thank you everyone on here esp curly you have given some really good advice I am so glad i came on. I have rung connaught and the guy i spoke to was okay really, he just asked what i proposed to offer and i said i had sent a letter off asking for the original credit agreement and he said that was fine. Now I am worriying that it was too simple and too easy :o plus i stupidly never took his name

[sitcom123]

Just been reading threads on site and there is mention of having stat demand set aside. Should I be doing that? Connaught sent a letter saying they were in a position to petition bankruptcy. They have received CCA request on Tuesday (Track & Traced) or does she sit tight and wait. she has no assets other than a car debt is for £3382

[tomterm8]

Do you own your own home? That's normally the trigger.

[sitcom123]

No the debt is actually my daughters, she has lived with her boyfriend for 3 years the house was bought in his name only as she had bad credit history. She has a car

[tomterm8]

No the debt is actually my daughters, she has lived with her boyfriend for 3 years the house was bought in his name only as she had bad credit history. She has a car

 

It's very unlikely that they would ever launch a bankruptcy petition unless your daugher has substantial assets (cost tends to skyrocket to £1,100, and given that you've written to them to dispute the debt, it is unlikely that such a petition would be granted.

 

cars are rarely repossessed, in bankruptcy anyway.

[sitcom123]

Hi everyone, just an update, letter receieved from Connaught today sayhting that the contents of my letter had been noted but to inform me the file has been close and returned to 1st credit. They said to forward any correspondence to 1st credit. They have also sent back the £1 postal order i enclosed. So what do I do now and more to the point what will 1st credit do now?????

[sequenci]

the contents of my letter had been noted but to inform me the file has been close and returned to 1st credit. quote]

 

interesting! although connaught and 1st credit are one and the same.

[sitcom123]

So do you think as they are the same company then they probably have not got the CCA. Do they have any other tactics they might hit us with that I should prepare for, or should I just sit tight?

[sequenci]

i have a feeling they may well not have the cca

[sitcom123]

thanks Sequeci that was just what i wanted to hear. I will just sit tight then and see if there are any further developments.