Connaught, FOS & Statutory demand

[jaymanda]

I have had ongoing issues with Connaught after they served me with a SD and my solicitor tried to sort out that they secure the debt on the sale of my house to avoid bankruptcy proceedings. Connaught tried to insist that a clause be added to this agreement that they could enforce sale of my property if it remained unsold after two years. I refused to agree to this clause and in the meantime the original SD ran out ( was more than 5 months since issue). During this time I complained to both the OFT and the Financial Ombudman who have taken up the case for me however while their investigation is ongoing Connaught have served with with another SD. Does this mean that Connaught can go ahead with Bankruptcy proceeding even though the case is still under investigatation by the Financial Ombudsman.

[miliitant]

Re: Connaught, FOS & Statutory demand

WHY DO YOU NOT JUST GET IT SET ASIDE

please tell me about this alleged debt, amount, original creditor etc and ill see what we can do

[jaymanda]

Re: Connaught, FOS & Statutory demand

As far as I can see I have no grounds to get it set aside as they responded for my request to send me the original application document and all statements and I do owe the £6000 they are claiming. My solicitor sent in a means form which clearly showed I could not afford to pay the £250 a month they are insisting on. It was a Halifax credit card who sold the debt onto Connaught. My solicitor ( I was sent to them by Debt Action Line ppl)has been unable to come to any agreement with them and they have also responded to the FOS refusing to budge who has now requested all their paperwork in the matter.

[miliitant]

Re: Connaught, FOS & Statutory demand

As far as I can see I have no grounds to get it set aside

i can think of loads of reasons

as its a credit card

oenalty charges
ppi ???
assignment

how did connaught serve the statutory demand, thats the one you have just received

was it by post
process server

[jaymanda]

Re: Connaught, FOS & Statutory demand

It was served by a process server who confirmed who I was first, I then told him it was illegal for Connaught to contact me as it was in the hands of the FOS, he then went out to his car, taking the SD with him to phone Connaught, he then returned and posted it through my letterbox.

I had no idea that it could be set aside as it's a credit card, and what would my reason for penalty charges or ppi be. I do not recall receiving a notice of assignment but how would I prove that.
Sorry to seem a twit, I am actually quite intelligent but at my wits end.

[miliitant]

Re: Connaught, FOS & Statutory demand

has connaught provided an up to date statement

the actual credit agreement, not a reconstructed one

a default and termination notice from halifax

did they supply a copy of the terms and conditions of the credit card acount ((Phoenix vs Kotecha)

[jaymanda]

Re: Connaught, FOS & Statutory demand

I have never had any statement whatsoever from ConnaughtIT looks like a photocopy of my credit card application and agreement but it's the application that's signed, the agreement is not.
I have no default or termination notice from Halifax. Does it make any difference that on the SD it states 'The debtor entered into a contract with Bank Of Scotland PLC. The account number of the card was also changed while I had it and the account number on the signed application is different from the one on the SD (I know I'm probably clutching at straws)

[miliitant]

Re: Connaught, FOS & Statutory demand

BINGO

CAREY V HSBC on a varied agreement

kiss this goodbye

they need now to produce the varied agreement with the T&C as well

sure thing now to have this set aside

THEY WILL NOT BE ABLE TO SUE YOU IN A CIVIL COURT AS WELL WITHOUT BOTH AGREEMENTS AND T&C

4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

[jaymanda]

Re: Connaught, FOS & Statutory demand

I might seem to be dumb but I HAVE been sent some paperwork which states @Credit Card Agreement Regulated By The Consumer Credit Act 1974' which goes onto state info about
1. Parties blah, blah
2. Key Financial Information. Blah, blah
Other Financial Information. Blah, blah
etc and although it is headed as an Agreement it does state further on in the paperwork'General Credit Card Conditions'
This is the agreement without my signature

Am I being really stupid, sorry if so.

[miliitant]

Re: Connaught, FOS & Statutory demand

no, you are not being stupid

you mention a different account number, so the agreement has been changed (varied)

were the t&c the same with the new card as when you took out the first card

to confirm

can you scan the images, agreements into your computer, deleting personal info

then google a program called photobucket to upload onto your thread, any problems i will assist

the mere fact on its own that connaught has not sent you a statement confirming how much you owe, let alone the assignment issue is enough to have this set aside on its own

[jaymanda]

Re: Connaught, FOS & Statutory demand

I have no idea why the account number was changed but would imagine the T&.C would be the same, on 14/9/2007 it was one number and then on next statement dated 12/10/2007 it was another.
I will try the scanning & uploading as you say, fingers crossed

[miliitant]

Re: Connaught, FOS & Statutory demand

does the acount number on the SD have any relevance to the two different card numbers on the card or statement

[jaymanda]

Re: Connaught, FOS & Statutory demand

Yes, the number on the SD is the second number but there is the fact also that my signed application is with Halifax and all statements are headed Halifax but SD says I entered into a contract with Royal bank Of Scotland.
Scan documents, just going to try the photobucket bit.

[miliitant]

Re: Connaught, FOS & Statutory demand

Yes, the number on the SD is the second number but there is the fact also that my signed application is with Halifax and all statements are headed Halifax but SD says I entered into a contract with Royal bank Of Scotland.
Scan documents, just going to try the photobucket bit.

thats your answer

thats your answer

halifax is HBOS

HALIFAX BANK OF SCOTLAND

NOT ROYAL BANK OF SCOTLAND

TWO SEPERATE BANKS

[jaymanda]

Re: Connaught, FOS & Statutory demand

No, It's stupid me. It does say Bank Of Scotland.
Have uploaded docs onto photobucket account, how do I make it so you can see them.
Sorry to be a pain.