SD help

[Mineral1]

Re: SD help

Hi all,

you wernt wrong, it does get busy after the weekend!

The amount is £3611.94

A letter stating bankruptcy proceeding were being considered was recieved also, not sure what you mean by county court claim, this has not been subject to any legal action prior to this sd.

i'll scan all docs on my lunch today, thanks again everyone for your help!

To get a statutory demand they would have to notify you of a claim, lodge and launch it and then if you don't file any defense within the prerequisite time frame apply for default judgement...
If they have done the above and you have never heard of it then you have a good reason for getting it overturned.... Can't have DCA's hopping over the mere formalities of the law now can we????? Now that is assuming they have got a judgement against you and this isn't some kind of new frighten 'em to pay up wheeze....:tongue2:

[nemesis45]

Re: SD help

OP says no previous " legal action" this is I think 1st Credit going back to its old habits
of using SD's as a primary method of debt collection.
nem

[dukeius]

Re: SD help

Hi all.

They have not made any legal demands other than bankruptcy, they only acquired the debt in November. The threat of the sd started late January but no mention of county court claims.

In in the last 3 months I have had one offering a 10% discount if I pay in full and the other 2 stated they are considering bankruptcy proceedings.

as for my defence to have it set aside I'm not to sure what defences to use.

I have just sent out the cca request to them.. This should be recieved tomorrow

[nemesis45]

Re: SD help

This stinks of abuse of process, threats of BR when all the other methods of debt collection have not been exhausted.
As someone advised earlier report this to the FCA asap.
Prepare no to get this set aside
Mean while try this to 1st Credit;
Mr Eddie Nott
CEO


I refer to the Statutory Demand for Payment regarding an alleged debt for £xxxx.xx. which you claim is owed by me.

Please note I do not acknowledge any debt to 1st Credit.
It is my intention to apply to have the SD set aside, the use of Statutory Demands as a first line of debt collection has been subject to censure in the past, in the case of the SD issued by 1st Credit in this matter, all other methods of collection have not been exhausted e.g. the issue of a County Court Claim.

This matter will be brought to the attention of the court on application for set aside is heard.

I would suggest that 1st Credit in view of its earlier experience in using SD's as a first line debt collection , should immediately withdraw the SD.

I report regarding this action is being forwarded to the FCA.


I'm thinking 1st Crud are hoping that the FCA's succession to the OFT
has " muddied the water".
use signed for post check delivery.

nem

[dukeius]

Re: SD help

Hi all,


I'm working at present but want to try and provide a conological detail of 1st crud's actions

11/14 - purchased debt
12/14 - bankruptcy proceedings being considered
01/15 - letter offering 90% settlement
01/15 - review for bankruptcy proceedings due to me being a home owner or to that effect
03/15 - issuing of SD
03/15 - letter saying they are in a position to present a bankruptcy position



Yes they have asked for repayment, which I have not replied too but no other method has been explored.

my actions are as follows:

- send CCA request to them
- report them to the FCA (how should I do this?)
- send letter to Mr Eddie Knott as detailed above
- prepare a defence to get it set aside, this I may need help writing.

Should I be doing anyting else, I'm concious this is the 11th day so I only have a week.


thanks again for all your help

edit: I am going to search to see if any further correspondance has been sent additional to this.

[dukeius]

Re: SD help

attached are copies of the docs should it help

[nemesis45]

Re: SD help

Hello Dukeius responding to your PM

nem

[Mineral1]

Re: SD help

"Every effort has been made on our part to avoid this intended action" More like every effort has been made to avoid your right to reply, defend a claim in court or exercise your own statutory rights.... Three letters demanding cash, one of which notes you own your own home... Wonder if that has something to do with them slinging this at you?
You need to get together a draft of your arguments for set aside asap, Nemesis is right, simply sticking you with this and not attempting to make a claim against you first (gives you the right to defend yourself) is abuse of process itself and that is one argument. The big thing is this is against the clock now so look sharpish press the triangle when you put up a draft! :tongue2:

[nemesis45]

Re: SD help

Hi looking back over some recent 1st Credit SD cases most have when challenged on the basis mentioned earlier have resulted in the SD being withdrawn and CC Claims being issued instead.

Quick questions please.
Do you own property outright?
Do you have any other assets that might stratify the debt making BR worthwhile for 1st Credit?

nem

[dukeius]

Re: SD help

I don't have any other assets that would be worth taking no


the property has a small mortgage, we're talking 10-15k outstanding, I assume this is why this has appeared on my doorstep

[Mineral1]

Re: SD help

Maybe they are getting sick of trying CC claims only to find the defendants ask awkward questions.... Well like... Prove it? :tongue2:

[nemesis45]

Re: SD help

Unlikely to achieve 1st Credits goal I think, is equity minimal or non existent??
nem

[Mineral1]

Re: SD help

I don't have any other assets that would be worth taking no


the property has a small mortgage, we're talking 10-15k outstanding, I assume this is why this has appeared on my doorstep

Purely out of interest.... Who handles your mortgage, not part of Lloyds group by any chance?

[dukeius]

Re: SD help

shockingly yes it is part of Lloyds group

[Mineral1]

Re: SD help

Unlikely to achieve 1st Credits goal I think, is equity minimal or non existent??
nem

10-15K Mortgage???? Unless this is a property hanging on the cliff edge of Whitby would imagine a sh*t load of equity! Apologies if your home is hanging on the edge of the cliffs at Port Mulgrave by the way :tinysmile_twink_t2: