Connaught First Direct Stat Demand...

[timewarp]

Hi everyone

 

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

[Percival Wigglesbottom]

Sounds a bit confusing, but yes send off a CCA request . You have to know first off if they have a right to collect on this account. 1998 ? hmm , definetely worth a cca request . Ask for a statement of account and deeds of assignment too .

 

I'm not sure where everyone stands on this issue. I dont care if he owes the money or not. Its up to them to prove it. Why should we be honest in the face of deceiptful lying dishonest DCA's , thieving and stealing from the old and less fortunate to please their investors with bullying and illicit tactics . It is a war, honesty is the first casualty .

 

I can see why people do not want to be in the clutches of these dca's , if the uk had an honest broker in the administration of debts then many would try to rectify their debt past. While it remains in the hands of sharks .. people will steer clear . And good luck to them . Dont reply on this , I am off at a tangent and it is timewarps thread .

[Having_A_Knightmare]

Why are 1st Credit going down this route!!

 

Will a Judge make you bankrupt, including losing your house for an unsecure debt?

[timewarp]

Thanks for responses

 

I think there are 2 accounts - they have only placed one account amount on the Stat Demand but not the other. One relates to Credit Card and the other to overdraft/charges. I think the amount on the Stat Demand is for the Credit Card. They have referenced both accounts on the Stat Demand though - does this make it clearer?

 

I am hoping that if the CCA route does not work then I will be able to have it set aside on the basis that I was paying reguarly and that it was an exceptional circumstance that caused the issue and the the DCA have been unreasonable.

 

Is it right they have 12 working days to respond to the CCA and I have 18 days in total including weekends to reply to the Stat Demand?

 

[sequenci]

Will a Judge make you bankrupt, including losing your house for an unsecure debt?

 

bankruptcy proceedings usually are for unsecured debts. how was the stat demand served? was it posted? did they try and arrange a visit previously (if it was posted)

 

1) CCA these guys

 

2) have you grounds to get the stat demand set aside?

 

3) have you made up any payments which were missed?

 

4) please complain to the OFT / FOS about their tactics *important*

[timewarp]

1) I think I have grounds for Set Aside but do I wait for CCA to come back first?

 

2 It was deliver by hand

 

3) I telephoned yesterday and they refused to take my payment to make account up to date, they would only take £300 not £55 I usually pay

 

4) They said it was not down to him but it would now be sent to the Legal Team - I asked to speak with them and he said they 'are not available'

[timewarp]

I have sent CCA to Connaught as Stat Demand states correspondonce should go to them, should I have sent to 1st Credit?

[sequenci]

no, if connaught sent you the stat demand then the CCA request should go to them.

 

you only have 18 days to set aside the stat demand, what grounds do you think you have?

[timewarp]

The Stat Demand states the creditors as 1st Credit but then later requests all correspondonce to Connaught.

 

To have set aside I believe because they acted unreasonably and I was paying until an exceptional circumstance occurred and I asked or a call back which was never received is enough to prove that I was maintaining payments. Is this enough?

 

Any more suggestions

[timewarp]

The other issue I have thought of to have set aside is that both accounts are stacked full of charges, can this be a way of getting a set aside?

 

I think the Overdraft was about £2K and is now at £3,500

 

the credit cards was £2,500 and is now just over £5,000

 

all of this dates back to 97/98-2001

[sequenci]

The other issue I have thought of to have set aside is that both accounts are stacked full of charges, can this be a way of getting a set aside?

 

 

totally.

 

if you're disputing the figures becuase they are made up of potentially unlawful charges you have the ability to apply for the set aside. it would be discretionary so you would need to be able to put a strong argument across - but you're on the best forum in the UK for help with THAT!

 

are you aware of the process involved with setting aside the stat demand?

[sequenci]

here is your ground:

 

12.4 Where the debtor (a) claims to have a counterclaim, set off or cross demand (whether or not he could have raised it in the action in which the judgment or order was obtained) which equals or exceeds the amount of the debt or debts specified in the statutory demand or (b) disputes the debt (not being a debt subject to a judgment or order) the Court will normally set aside the statutory demand if, in its opinion, on the evidence there is a genuine triable issue.

 

*taken from the insolvency proceedings practice directions.

[timewarp]

I am not sure if this is relevant - there have not been any procedings at all in this case before now i.e they have no CJ or other proceedings against me - is that relevant?

 

I will look into Set Aside for Stat Demand - how do I get to know all the charges and how they were applied etc? for both the credit card and the overdraft?

 

Thanks

[sequenci]

how do I get to know all the charges and how they were applied etc? for both the credit card and the overdraft?

you can get all the info you need on recovering your charges via this very site, i'm just concerned about the time it takes and the time you have to set aside the demand. i would get that CCA request off pronto as well as a S.A.R - (Subject Access Request) for the agreements.

[timewarp]

Hi

 

I received a reply from Connaught...

 

The £1 is returned and they attach a print out called a financial statement..basically showing my payments

 

The letter states that....

Contents noted....they have requested a copy of the original docs from their clients and will forward when they receive...

They say that because I have been making ayments I fully admit the liability and offer me 3 options..

1 continue to make payments until agreement is provided

2 discontinue payments until agreement is provided then pay arrears then continue ith installment plan

3 pay all monies due on receipt of the agreement when received

 

They want to hear back on my proposals...

 

 

So is this a climb down on the Stat Demand?

 

Do I wait because I have also CCA'd 1st Credit

 

Do I continue the payments BEARING IN MIND when I telephoned 1st Credit earlier this week they REFUSED to take payments other than £300 a month

 

Any suggestions please

 

[payingonlyencouragesthem]

Read my new thread before you post any more:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110899-urgent-read-if-you.html

 

CARELESS TALK CAN COST MONEY

[timewarp]

Thanks

 

It is worth taking care

 

 

..but are there any suggestions or advice on my reply from them?

 

It seems to be rather quiet around here

[payingonlyencouragesthem]

They are climbing down. There would be no point in bankrupting you because without the agreement they couldn't prove correct title to the debt with the Official Receiver IMO. Being a gambler I'd write back selecting option 2, enclose a SAR to check the account for unlawful charges and ask them to confirm that they will not continue bankruptcy proceedings until this issue is resolved. That last point is very important because we need to know if you still have to have the SD set aside.

[timewarp]

Why do they return the £1 postal order?

[rory32]

Some return it some don't. The £1 fee is the maximum admin fee for providing the copy of the agreement. Some companies just wave the charge.

[timewarp]

Well I had better get writing a Set Aside request for the Stat Demand as the 12+2 elapses after, I had better not risk it....

 

Would them not supplying a CCA and me having put in a SAR be enough to have it Set Aside or even maybe adjourned for now...

 

Any thoughts?

 

[timewarp]

does anyone know about the CSA Credit Services Association

 

Connaught are members and refer to the Code of Practice which in my case they certainly have not followed...is it worth a complaint to them..as anyone any knowledge of them

 

thanks

[rory32]

is it worth a complaint to them

No. It is basically an old boys club for the debt collection industry.

[payingonlyencouragesthem]

Well I had better get writing a Set Aside request for the Stat Demand as the 12+2 elapses after, I had better not risk it....

 

Would them not supplying a CCA and me having put in a S.A.R - (Subject Access Request) be enough to have it Set Aside or even maybe adjourned for now...

 

Any thoughts?

 

 

Yes - you have got to show that there is a "triable" issue. In your set aside request say you are disputing some or all of the debt and you have SAR and CCA'd for further information and this has not been forthcoming.

[timewarp]

The Stat Demand they served do I have 18 working days or just 18 days inclusive of weekends etc to submit a set aside?