Connaught v Mrs L - STATUTORY DEMAND HELP!

[sequenci]

Hello there,

 

As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

Do you live in rented or mortgaged accomodation?

 

The CCA request should be sent TODAY.

 

If you do not hear anything back in 14 days time you will be able to consider having the demand set aside, give me a shout if you need help doing this.

 

National Debtline open at 9am, you never know you might even get to speak to me

[sequenci]

In addition, I'm really REALLY pleading with you to complain to the FOS AND the OFT about their tactics. The more people we can get to complain the greater the chance of an investigation in to the unfair methods of this debt collection agency.

[renegotiation]

Connaught's seem to be excelling themselves with mailing these out. Is it legal to mass mail these simply to threaten people with little or no intention of issuing a bankruptcy petition? I think I burnt the one my dad got after they wrote that they had since closed his file. It must be on record though that they filed it. I will send off letters to the OFT and FOS today complaining. I will happily knock something together if I have to. Any chance of someone experienced doing a good template though? Would help him, me and others down the line. I wondered if they really are paying £30 a shot for ALL of these SD's they are sending out. I know they would for all the ones £5000 (well no one knows ;-0). I suppose they wouldn't be stupid enough not to.

[MrsL]

Hello there,

 

As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

Do you live in rented or mortgaged accomodation?

 

The CCA request should be sent TODAY.

 

If you do not hear anything back in 14 days time you will be able to consider having the demand set aside, give me a shout if you need help doing this.

 

National Debtline open at 9am, you never know you might even get to speak to me

 

Thank you so much, I am currently at the stage of shaking like a leaf, which I guess is normal

 

The CCA request is all typed up and ready to go, just about to call the debtline and really hope I get to talk to you!

 

My home is mortgaged, owned jointly with my husband

 

I will certainly complain, if it helps to stop this from happening to anyone else I will do what I can.

[renegotiation]

Connaught's are an efficient DCA (still as nasty as the others). You should find that they will write back to you very quickly telling you that your file is closed if they don't have the original signed CCA. In fact they are probably the most efficient out of the lot when it comes to this. So with any luck you may well hear back by Wednesday next week. Keep your fingers crossed. Some of them either don't reply at all or leave you hanging on for weeks.

[MrsL]

Thanks everyone, I feel a little calmer now.

 

I have spoken to the National Debtline who have advised me to exactly what you all suggested, to send off for the CCA, statement of account and notice of assignment. So the letter is now on its way via Special Delivery, all I can do now is sit back and wait...well that and complain to the FOS and OFT of course.

 

IF Connaughts have all of the correct paperwork and IF there has been a payment in the last 6 years, then I will have to take advice on what to do next.

 

Thanks so much

[Curlyben]

Never a problem MrsL, we are only to glad to help, especially when some companies push the legal use of certain procedures.

[sequenci]

 

IF Connaughts have all of the correct paperwork and IF there has been a payment in the last 6 years, then I will have to take advice on what to do next.

 

 

well you're in safe hands.

 

[michsienna]

hi mrsl,

ive just read thru your thread, im gonna subscribe.

im wishing you all the best mate xx

[PI Guy]

As far as the statutory demand is concerned, the service of it is a bit "iffy" - if Connaught go as far as issuing bankruptcy proceedings they will have to prove to the court that it has been received, the fact that they just put it on your doorstep is a little bit peculiar but I've heard of much worse.

 

there's nothing peculiar that. If the person doesn't/refuses to take it then you can just leave it on the floor. The rules allow for that. The proof is their affidavit or statement of service.

[timewarp]

Hi everyone

 

I am new here and I am not terribly sure where the post will end up..so I apologise if I tread on toes!

 

I received a Stat Demand from First Credit this morning, a little man at the door looking very serious! Anyway, the debt relates to NatWest about 1998-2001 total just over £5k and is overdraft/credit card related. I telephoned them (mistake I now know), they told me unless I paid them £300 immediately and continued at this rate per month then they would proceed. I quite simply said 'no', my card had been genuinely swallowed by a machine in error and we were away. They did not even write just one phone call 2 weeks ago and I asked them to call back as I was unable to take the call. This was the first payment missed in the two years I have been paying at £55 per month. So is this a CCA case? or do I write with the circumstances reiterating that I wish to continue paying? Any help/advice gratefully received.

 

Thanks

[rory32]

So is this a CCA case?

Yes, send them the CCA request. Don't sign it, enclose a £1 postal order and send it either recorded or special delivery. I would suggest special delivery as you have received the SD. Start your own thread on this that way it won't get lost in this thread and you will get a lot more advice.

 

You may also want to have a look at this to help you around the sight http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[MrsL]

Hi all!

 

UPDATE!

 

I have just had a letter through the post from Connaught Collections, with my original £1 postal order attached.

 

It says:

 

'Dear MrsL

 

We right further your correspondance, with regards the above outstanding matter.

 

The contents of your letter have been noted. However, we write to inform you that our files have been closed and returned to 1st Credit Limited.

 

We would request that all further correspondence in relation to this matter is forwarded to their offices.

 

That's it? Nothing else?

 

This is good news, right???

[renegotiation]

I would CCA 1st Credit now. You can exchange your postal order at the Post Office for a new one if you have the orignal receipt. :-0 Just explain that you had it returned to you. Good luck.

 

I told you Wednesday!

[rory32]

This is good news, right???

Usually yes. It implies that they don't have a copy of the agreement and they know it, although obviously you will just have to wait and see what 1st credit come up with.

[MrsL]

Thank you

 

My gut feel is not to CCA F1st Credit yet but to wait to see if they contact me, as the debt is coming up to 6 years since last payment and if I wait it could go statute barred? What do you think?

[rory32]

Sounds fine. Anyway under s175 of the CCA Connaught should really pass your request for a copy of the agreement onto 1st credit. It's highly unlikely that they will have bothered though, so I would just sit tight for the moment and see what turns up.

[renegotiation]

If 1st credit were CCA'ed directly could they still initiate a court claim with a signed CCA (they later foud it) without presenting it to the debtor beforehand?

[payingonlyencouragesthem]

Connaught's seem to be excelling themselves with mailing these out. Is it legal to mass mail these simply to threaten people with little or no intention of issuing a bankruptcy petition? I think I burnt the one my dad got after they wrote that they had since closed his file. It must be on record though that they filed it. I will send off letters to the OFT and FOS today complaining. I will happily knock something together if I have to. Any chance of someone experienced doing a good template though? Would help him, me and others down the line. I wondered if they really are paying £30 a shot for ALL of these SD's they are sending out. I know they would for all the ones £5000 (well no one knows ;-0). I suppose they wouldn't be stupid enough not to.

 

They seem to be selectively targeting homeowners in order to frighten them into re mortgaging. This is standard use of the real SD (as opposed to the 2nd class junk mail version which is a bluff and, pace Gizmo, should be ignored). It was effectively served and would almost certainly have proceeded to the petition phase had Mrs L not CCA'd.

[payingonlyencouragesthem]

If 1st credit were CCA'ed directly could they still initiate a court claim with a signed CCA (they later foud it) without presenting it to the debtor beforehand?

 

Yes. Mrs L is right to let sleeping seagulls lie as if 1st Credit were prodded with a direct CCA they might come up with something and start the whole nightmare rolling again.

[MrsL]

Thank you so much for taking the time to reply, I really appreciate it.

 

Thank goodness for the site and the knowledge of all the members. If I had not come here, (or had not had a little intelligence!) I would not have a clue about the law and my rights.

 

I can only imagine the amount of people who have been bullied by these DCA's.

 

I was a wreck when I joined here last Thursday and never thought for one second that in less than a week I would have gained so much.

 

THANK YOU SO MUCH!

[renegotiation]

'They seem to be selectively targeting homeowners in order to frighten them into re mortgaging. This is standard use of the real SD (as opposed to the 2nd class junk mail version which is a bluff and, pace Gizmo, should be ignored). It was effectively served and would almost certainly have proceeded to the petition phase had Mrs L not CCA'd.'

 

 

Yes, I didn't think otherwise. I was just supporting the post of Sequenci about flagging up the general behaviour of this company. I wasn't offering adviice. All the advice on what to do had already been given to MrsL. The more people that complain the better, even if we believe that they 'probably' would actually have got a petition in the end if evasive action wasn't taken. This targeting of homeowners is very disgusting. Even though the small print seems to allow for unsecured debts becoming secured, has anyone actually tried the defence that the money was loaned out on an unsecured basis and clearly advertised as such in court?

[renegotiation]

Yes. Mrs L is right to let sleeping seagulls lie as if 1st Credit were prodded with a direct CCA they might come up with something and start the whole nightmare rolling again.

 

I assumed that they had to produce the CCA for the debtor first. I CCA'ed 1st Credit for my dad after Connaught closed the file and returned it to them. After going through one court case already I thought it would mean we would at least be forewarned of the possibility of another. It doesn't seem right to me that the debt can be in dispute and a court case initiated without the debtor getting the CCA request staisfied first. Still, if that's the way it is...

[payingonlyencouragesthem]

Even though the small print seems to allow for unsecured debts becoming secured, has anyone actually tried the defence that the money was loaned out on an unsecured basis and clearly advertised as such in court?

 

That's an extremely interesting question. Those agreements that pass muster as legally enforceable usually end up being settled with charging orders, AOE's etc. The problem is that nobody in this position has the financial resources to challenge the agreements through the entire judicial process.

[sequenci]

That's an extremely interesting question. Those agreements that pass muster as legally enforceable usually end up being settled with charging orders, AOE's etc. The problem is that nobody in this position has the financial resources to challenge the agreements through the entire judicial process.

 

the creditors would argue that the original agreements have since been terminated/defaulted hence the monies being chased are now typical money judgments.