Connaught v Mrs L - STATUTORY DEMAND HELP!

[MrsL]

Hi all

 

I am a newbie here, although know many good things about the forum.

 

I have pm'd a couple of the team who have advised me to start a new thread, in the hope that you can advise me what to do next as my head is spinning.

 

I have this evening been issued a SD by Connaught, a man came to my door at 8.00pm, asked if I was MrsL to which I said yes and he tried to hand me a piece of paper. I questioned what it was, he said it was a SD, I said I couldn't take it, so he left it on my front door step and that was it. I took it inside and lost the plot. Several cups of coffee later, here I am asking for help. From what I have read so far, I know not to call them etc. So what do I do? What info do I need to give here for you to help? I will give what I think below:

 

It was hand delivered to my home address

The alleged debt is many many years old.

Up until 5 years ago I made token payments to a few debts (on advice of CCCS) and I *think* this was one of them

I haven't lived at my home address for the past couple of years but am back there now - I don't think I have had any letters from them but can't be sure as I haven't used that name for almost 8 years, so likely to have thrown mail away (don't shout at me!)

The SD has a blue corner which I have seen mentioned

It has the name of a court on it

It advises I have 18 days to respond (and 21 days for something else)

I am certain that interest was still being charged on this debt when I was making small payments, I didn't know about this site then!

 

I am sure none of the above makes sense, my head is a mess at the moment so I truly hope that someone could tell me what to do first so I don't mess it all up.

 

I am sure tomorrow I will make much more sense.

 

HELP!

 

Terrified

 

x

[gizmo111]

Have a read here for a start on how to set aside SD.

[MrsL]

Thanks for your quick reply Gizzmo - I have looked at that thread and it appears to be an outline of bad advice? Am I looking in the wrong place, which is likely as I feel as though my brain has been re-arranged

[rory32]

First thing to do is try and calm down. Get a copy of your credit report from equifax and experian and check when payment was last paid on this account. It may be statute barred or very close to being statute barred.

 

Also how much is the debt for? Do you think there may be charges on the account? What does the SD actually state (obviously leave out your personal details).

[rory32]

Are you a homeowner? I assume from your post you are?

[MrsL]

Hi Rory

 

What does 'statute barred' mean please?

 

The debt is for £15,000 (not exactly), is an old bank account from around 1994 time and yes, there have been loads of charges added to it over the years. The last payment was made about 4/5 years ago.

 

If you know the thread I should look at to get it 'set aside' would you let me know?

 

Can't scan the doc but could photograph it and add if that would help?

[MrsL]

Are you a homeowner? I assume from your post you are?

 

Yes, I am. Jointly with my husband.

[gizmo111]

.

Thanks for your quick reply Gizzmo - I have looked at that thread and it appears to be an outline of bad advice? Am I looking in the wrong place, which is likely as I feel as though my brain has been re-arranged

 

The thread is correcting bad advice that has been given previoulsly .

This is the bit you need

 

Mistake 1 - statutory demands.

 

It is my view that you should never ignore a statutory demand. The advice that you should pretend that you never received it is in my view, at best, immoral. At worst it could lead you into severe criminal liability.

 

In order to have a statutory demand set aside, you need to do it within 18 days of receiving it. The process of setting aside a statutory demand REQUIRES you to swear an oath or affirmation to the effect of the date you received the letter.

 

Alternatively, you could go to the bankruptcy hearing, and lie saying you did not receive it.

 

In either case, you would be committing a crime if you were to lie about when you first received the statutory demand.

 

It is, in my view, inadvisable to ever ignore a statutory demand. Instead, you should get professional advice; I would suggest the National Debt Line.

 

This is particularly the case if you own your own home, or have substantial public investments in the stock market.

 

[MrsL]

Thanks Gizzmo, I absolutely won't ignore it! I hoped that there would be a procedure on here that I could follow on how to get it set aside. Is the advice to call National Debt Line or is there something on here that I could follow?

 

Apologies if I come over as a bit dumb (which I am not!) but this is all new to me and I don't know if I am coming or going whereas the site appears to have many experts who I hope can help

[rory32]

You should certainly give National Debtline a phone. The more good advice you can get on this the better.

 

FREEPHONE: 0808 808 4000

Monday to Friday 9am to 9pm

Saturday 9.30am to 1pm

24-hour voicemail. Please leave a message to request an information pack or factsheet.

 

What does 'statute barred' mean please?

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years (so most loans and credit cards)
  
• in contracts under seal, 12 years (mortgages).

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

 

Can't scan the doc but could photograph it and add if that would help?

That would be fine.

[MrsL]

Thanks Rory, I will call them first thing and also put a copy of the document here. It could be that the last payment was over 6 years ago.

 

I have seen posts on here suggesting asking for the CCA - is that something I should do? Or is there nothing I can do apart from call the National Debt Line?

[rory32]

You can certainly send a CCA request. As you have received an SD you should send the CCA special delivery (guaranteed next day delivery before 1pm) it costs £4.30. Remember to enclose a £1 crossed postal order and to not sign the letter.

[Curlyben]

I completely agree with Rory with the CCA route.

At least while that is going through you will have sometime to read up exactly what is needed to have it set aside and get some professional advice.

Give Debtline a call in the morning and explain exactly what has happened.

 

Connaught are well known for this tactic, admittedly they normally send them via second class post as opposed to being served, but it still maybe their same old tactic.

 

Is the orignal debt being dealt with by 1st Credit ??

[rory32]

I don't suppose you have ever received a Notice of Assignment from Connaughts, have you?

[MrsL]

 

Is the orignal debt being dealt with by 1st Credit ??

 

Yes, it is - is that good/bad???

 

(getting worried that the advice is to call national debtline )

[MrsL]

I don't suppose you have ever received a Notice of Assignment from Connaughts, have you?

 

Nope, haven't received anything from them?

[rory32]

As part of your CCA request also ask for a stamement of account and a Notice of Assignment.

 

(getting worried that the advice is to call national debtline )

Don't be worried. I would be remiss in my advice if I did not advise you to seek their opinion as well as ours.

[MrsL]

Fantastic Rory, thank you SO much.

 

I will get the request off first thing in the morning - Do I only enclose one postal order for £1 or do I have to pay for the other two items I am requesting also?

 

Have had a quick look at the National Debtline website too and feel calmer now

[rory32]

Just the one £1 postal order. The other documents are free.

[MrsL]

Thanks, for everything

 

Time for bed

 

Will get everything done first thing and then update.

[Percival Wigglesbottom]

By Special Delivery

 

Dear Sir/Madam

 

Without Prejudice

 

Re:- Account/Reference Number xxxxxxxxx

 

No debt is acknowledged to you, or any other person or organisation you represent.

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit we are entitled to receive a copy of our credit agreement on request. Your obligation also extends to providing a statement of account. We enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx which represents the fee payable under the Consumer Credit Act.

 

This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Please note, the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt.

 

Copies of all correspondence and attached payments enclosed have been made by ourselves and will be produced in court should you attempt to claim payment enclosed is admission of alleged debt.

 

We look forward to hearing from you.

 

Yours faithfully

 

your name

 

 

-----

 

 

Don't use your ordinary signature to sign any letters . Or just dont sign at all. Use a crossed postal order, not a cheque . Use the £4.30 special delivery post service. Photocopy your letter and your PO . Staple PO to letter .2 visits are needed to post office , 1 to get the PO, second to post after photocopying. If you can find their complaints &compliance manager's address, especially of their parent company , id send a copy to him too .

[rory32]

Forgot to ask, do you have other creditors? This would make a big difference to any potential bankruptcy procedings.

[MrsL]

Hi Rory

 

I have a few that just vanished (last payment over 6 years ago) and a couple of others, yes.

 

What would be the big difference? Good or bad?

 

It's worth mentioning that I am no longer able to work due to illness and so have no income.

[MrsL]

Hi Rory

 

I have a few that just vanished (last payment over 6 years ago) and a couple of others, yes.

 

What would be the big difference? Good or bad?

 

It's worth mentioning that I am no longer able to work due to illness and so have no income.

[MrsL]

Below is the copy of the stat demand (apologies it's a photo)