Statutory Demand First Credit/Connaught Collections WON!!!

[gr11159]

Good morning everyone and thanks for letting me join you. Will write very soon.

[CleverClogs]

Re: Statutory Demand First Credit/Connaught Collections

If the alleged debt arose from a consumer credit agreement, have you requested a copy of that agreement (and terms and conditions at the time of signing) from 1st Crud?

As well as obtaining help with getting the SD set aside, you could also go to your local CAB and tell them that 1st Crud is up to their tricks again, despite having given binding assurances to the Office of Faffing and Twaddling that they would refrain from using bankruptcy as a means to collect alleged debts.

http://www.oft.gov.uk/news-and-updat...9#.Uvtn9GJ_uSo

[FlamingParrot]

Re: Statutory Demand First Credit/Connaught Collections

Hi and welcome to LB!

Good morning everyone and thanks for letting me join you. Will write very soon.

In the meantime, have a read here: http://www.legalbeagles.info/forums/...ands-READ-HERE

I think Cel needs no introduction, suffice to say last time I looked, her SD set aside count was 65+! :yo: :yo: :yo:

Also take a look at this: http://www.legalbeagles.info/forums/...uccesses-forum

[gr11159]

Statutory Demand 1st Credit/Connaught Collections

Received such a demand by hand. Thought I could sort out the forms 6.4 and 6.5 myself but it seems a bit of a nightmare as to what to put in on the form 6.5 for applying to set it aside.

[gr11159]

Re: Statutory Demand First Credit/Connaught Collections

Thank you. I read these last night early morning probably due to insomnia worryus. It was these that gave me new hope and encouragement and feeling able now to discuss my difficulties rather than hide them and hope they would go away.

[Amethyst]

Re: Statutory Demand 1st Credit/Connaught Collections

Hi Gr1159,

Thank you for your post and welcome to LB, I have seen your other thread and understand you have read the links given by Flaming Parrot on there.

We need to know a few bits from you.

What date did you receive the SD ?
How much is it for (approx)?
Who is the original creditor and what is the debt (c/card/loan/overdraft/?)

For reference your other thread is http://www.legalbeagles.info/forums/...ht-Collections and I will merge together in a bit so everything is kept together - makes it easier for you to follow. ( DONE )

[gr11159]

Re: Statutory Demand 1st Credit/Connaught Collections

I received the demand on 27/01/2014. It was dlivered by hand. With hindsight I should not have hidden my head in the sand. It was with Lloyds Bank PLC and was a credit card. The account was assigned to 1st Credit (Finance) Limited on 18/11/2013. At the date of the demand it was in the region of £3,600.

[gr11159]

Re: Statutory Demand First Credit/Connaught Collections

Before I posted this I emailed a copy of the SD to Kate at work. Rightly or if not wrongly, sorry.

[Amethyst]

Re: Statutory Demand First Credit/Connaught Collections

Okay so you are a little bit short of time. Do you want to ask Kate to deal with it ? If so you need to contact her asap and sort out your paperwork to send to her.

KATES GUIDE

1. Have you actually received the statutory demand yet? If you have received the process servers note, accept the upcoming service politely. Send me a brief email to introduce yourself and supply some background info to start understanding your case.

2. Once you receive the demand, make a high quality scanned copy. No photos, only PDF scans please.

3. Email the scanned copy to me at katebriscoe@howlettclarke.co.uk. Mark the email Urgent - Statutory Demand Received on XX date.

4. Is the Central London County Court listed as your court? If so, you will also need to post the ORIGINAL statutory demand to me and extra time will need to be allowed for procedures as the CLCC or RCJ is very strict on originals only. Postal Address is c/o Kate Briscoe Quality Solicitors Howlett Clarke 8-9 Ship Street, Brighton, BN11AZ (Send recorded delivery and keep a scanned copy of the SD for your own records.)

5. When you email me your stat demand, please also supply FULL contact details, name, address, telephone numbers.
These details are being supplied to QualitySolicitors Howlett Clarke and will be treated in total confidence and with full legal privilege. http://www.qualitysolicitors.com/howlettclarke

6. NEVER send unredacted credit agreements, financial documents or private contact details to websites.

7. I will then telephone you to take a full history. Try to remember when/where/how you took out the original agreement? How you got into difficulties?

8. If you have not previously sent a s.78 CCA request, DO SO NOW If you have previously sent s.78 requests, please have to hand dates and details about these requests. Such as original letters/responses/credit agreements etc. I will need to see everything that contributed to the dispute.

9. When did you last make payment towards the account? If it was more than 6 years ago, please tell me straightaway as it is likely to be time barred under The Limitation Act 1980.

CCA request send NOW (well in the morning) - you'll need to include a £1 postal order and send it to the claimant (1st Credit).

Dear Sir/Madam

Re:− 000000000000

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 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

We look forward to hearing from you.

Yours faithfully

[Amethyst]

Re: Statutory Demand First Credit/Connaught Collections

Before I posted this I emailed a copy of the SD to Kate at work. Rightly or if not wrongly, sorry.

Nope that's perfect, I just crossed posts with you telling you to do that xx Send the CCA too.

[gr11159]

Re: Statutory Demand First Credit/Connaught Collections

I have never sent any such requests before. Are there any special forms you can fill in or is it specified wording?

[Amethyst]

Re: Statutory Demand First Credit/Connaught Collections

If you send this to the claimants (1st credit) with a Postal Order for £1.

Your name
Your address
Your postcode

Dear Sir/Madam

Re:− account number of debt

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 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

We look forward to hearing from you.

Yours faithfully

That'll be a good start. Hold off on your 6.4/6.5 forms until Kate gets back to you - have you sent her all you contact details as well as the Stat Demand scans?

[Amethyst]

Re: Statutory Demand First Credit/Connaught Collections

You are on 17 days so need to get a chivvy on - I have mentioned to Kate that you have sent over an email - so long as your contact details are in there she'll give you a call.

In the meantime do you have a dispute on the debt ?
When was the last time you made any payment towards it ?

(also let me know when you have spoken to her so I stop worrying about you too )

[CleverClogs]

Re: Statutory Demand First Credit/Connaught Collections

I have never sent any such requests before. Are there any special forms you can fill in or is it specified wording?

Send the CCA request to 1st Crud tomorrow, by Special Delivery.

That way, they should get it on Monday 17 Feb and you'll be able to get proof of delivery. There's a fair chance that 1st Crud won't comply or be able to comply.

[gr11159]

Re: Statutory Demand First Credit/Connaught Collections

Sorry about not replying, I was called away. I have composed a letter from the details above and it is ready to post. I was going to send it by recorded delivery, however I will ask at the post office first thing for it to be sent special delivery.
I have retrieved credit card statements from the cobwebs and it would seem the card was taken out in either late 2000 or early 2001, I believe by a mailshot although I am unsure at this time. I believe the last payment to Lloyds TSB was late 2011. Various letters started shortly after and it went from pillar to post.