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

[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

[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.

[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

[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?

[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?

[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

[MrsL]

Thanks, for everything

 

Time for bed

 

Will get everything done first thing and then update.

[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)

[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.

[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

[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???

[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?

[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!

[MrsL]

Hi

 

Thank you for your reply. It was many, many years ago, I am certain it was over 6.

 

Do I send anything at all to 1st/Connaught or just contact my local court?

[MrsL]

Thank you so much.

 

The individual who served it, told me that he wasn't the company, he was just a collection agent and that I would need to contact the company, he couldn't work out if it was 1st or Connaught. His name, no address, is on the first page Mr J Bloggs *position: DCA

 

On the back, PART A

If you believe you have grounds etc - there is no name, just a phone number

 

Part B, for written communication

MR J BLOGGS, Connaught??!

 

They have been in default since August 07 and yes, I still have the letters

[MrsL]

A small update. I have reported the matter to the OFT, by post and by email and have today had an email reply;

 

Consumer Credit Act 1974 (the Act)

Complaint Against: Connaught Collections UK Limited & 1st Credit Limited

Licence No: 371336, 474343

Thank you for your email received on 28 September 2009.

I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in disputes between consumers and traders and so we cannot offer you any direct help with the complaint or advise you directly in this matter. Our role is to protect the collective interests of consumers.

 

The above mentioned Act established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that they are required to hold a consumer credit licence; this is issued by the OFT. The above traders hold consumer credit licences. Under the Act, the OFT has a duty to consider the fitness of all traders who hold consumer credit licences.

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

I have noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any licensing action we may decide to take. If we do take any licensing action against these traders, it is likely that we would need to disclose your identity to these traders along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

We note that your email raises concern in regard to credit agreement.

As you may know, s63 of the Act covers how and when lenders must provide consumers with a first (and where appropriate second) copy of a regulated agreement. It is clearly in the lender’s best interests to retain details of the original agreement and any subsequent variations or changes made to it, particularly as consumers can request a subsequent ‘true’ copy of most types of agreement under ss77 and 78 of the CCA (and on payment of the appropriate fee). There are rules about what is likely to constitute a ‘true copy’ under these sections of the Act. Further, if a consumer does make a valid request for a copy of their agreement under these provisions and the lender does not comply with the request the agreement may not be enforceable in the Courts, subject to any other mitigating factors.

 

Should you require specialist advice or assistance on the circumstances of your complaint (including in relation to the above provisions about copy requirements), you may wish to contact your local Citizens' Advice Bureau or seek advice direct from a legal adviser.

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the financial institution itself. FOS can be contacted at: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; telephone number, 0845 080 1800, or www.financial-ombudsman.org.uk.

 

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

[MrsL]

Hi there

 

I have received a letter this morning from Connaught, stating that they have formally withdrawn the SD served against me.

 

I had intended to take my papers to the court tomorrow to have it set aside, I've just called the court and they have said there is now nothing to have set aside as it's been withdrawn - this of course makes sense to me but I wanted to be 100% certain that I now do nothing?

 

The letter is a bit bonkers anyway, it says they note my request for CCA - er, nope, I asked for that in August 2007!!! It also says that 'no enforcement action shall be considered until the information is supplied'

 

Would really appreciate some advice!

Edited October 8, 2009 by MrsL