Stat demand for bancrutcy Citi or Opus? with Wright Hassall

[jetextreme]

I Have been having problems with Cabot for several years regarding who a credit card was taken out with also incosistences with the account number and amounts, I have requested so many times the information as to what the account numbers relate to, as Citi card was taken over by Opus in Nov 2010 and as the card was well in default at this point Opus failed to notify us of the change or send an up to date card with the Opus logo all the statements are Citi. Anyway I had a stat demand set aside in May 13 due to a typo Wright Hassall explained (the only couple of words spoken by them in court) since then I have heard nothing until last month I was handed a stat demand for Bancruptcy, as far as I am concerned this account is heavily disputed, I didn't think a stat demand could be issued under these circumstances? 12 months ago i had 4 different solicitors trying to recover different amounts all at the same time for the same Citi card when I questioned them I received a letter back saying the account had been returned to Cabot, Now Wright Hassall have issued the Stat Demand for Bancrutcy and after requesting it to be set asside a court date has been set for 10th April 14. Sooo confused as they will not give me true answers. :tinysmile_hmm_t2:

[EXC]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

I would contact Kate ASAP.

Read posts 1,3,9 &11 here for background and information http://www.legalbeagles.info/forums/...ands-READ-HERE

[chgc]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

First of all I would say don't panic, I was in a similar position to you only last week and after appealing for help here, my case was taken up by Celestine and a week later my SD and BP have both been dismissed. The most important thing to do is to send off a request for a CCA ( Consumer credit Agreement) Basically once you have applied for this from the creditor who is hounding you via their agent Wright Hassall, they then have 12 days + 2 days for post to send you a true copy of your original signed CCA from the original creditor and if they do not/cannot provide this true copy of your CCA then they don't have a leg to stand on and will be in default of the Consumer Credit Act 1974 [sections 77-79], This is my experience and I have copied a draft letter of my CCA request that I sent out to the solicitor representing the creditor trying to make me bankrupt. Please note that I have never admitted any liability and have always disputed the debt being chased for.

Dear Sir,

Ref No:
You’re Client:


I dispute and do not acknowledge any debt to your clients company.


WITH REFERENCE TO THIS DISPUTED DEBT, I would therefore be grateful if you would send me a true copy of the credit agreement and a full breakdown of the account including any interest or charges applied.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1) (a-c). If there weren’t any terms and conditions then please confirm this in your response?

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am are entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

I sent this out by Royal Mail special delivery and was able to get a photocopy of the person who signed for it the next day proving that it was received. I also enclosed an open postal order for £1 to cover the fee required. When they did not respond, A quick intervention by Celestine had them running for the hills and they very quickly gave up.
Obviously every case is different but I hope you will take some comfort from my example and don't think that you are a lost cause.
Very important: NEVER SPEAK OVER THE PHONE, always correspond via letter.

Kind regards and good luck.

[machinehead59]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

Contact Celestine asap she dealt with one of these for me recently you will save your self a lot of worry, and worrying is no good for any of us. Goodluck.

[jetextreme]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

Thanks for the pointers guys I have spoken to Kate and after a calming conversation all the paperwork has been sent off including a cca to cabot. Kate I don't know what I would have done without you, thank you. I will keep this post updated.
Neil

[Amethyst]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

You're in good hands, and reading your first post sounds like you have a decent case for getting this squished. xx

[jetextreme]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

we sure are in good hands now Amethyst I feel so relaxed now we have you guys by our side, i'm not worried about a good battle in court but when our house is at risk it changes things slightly, we have been fighting them for a few years i feel they are giving everything they have got before it is sb'd.

[Amethyst]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

Indeed, when your house is on the line, you have to take it seriously, and if you have access to decent help, use it ... hopefully this will get rid of them for once and for all, if not it is worth knowing that a statutory demand doesn't reset the time Barr clock like a court claim does

[jetextreme]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

So would the time bar be reset now? or only if they win in court?
Neil

[Amethyst]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

No, the stat demand (or set aside hearing) doesn't affect the statute barred status, so clock just keeps ticking.

County court claim is a different thing. Don't know why they do stat demands on nearly stat barred debt as they know it doesn't stop the clock like county court claims do, but I suppose they must get a decent amount of people who do just panic and pay them.

[jetextreme]

Re: Stat demand for bancrutcy Citi or Opus? with Wright Hassall

Ah I understand now thank you.