Statutory Demand from First Credit

[carley106]

Please help I have had a Statutory Demand from 1st Credit delivered by courier. I don't know what to do. Please help, are they bullying me?

[TUTTSI]

Re: Statutory Demand from First Credit

You have 18 days to set this aside if you do not owe the money they are claiming or have a genuine reason not to owe this money and this will need to be filed at court. Someone will let us know which form you require.

Can you give us more information, ie did you have an account with 1st Credit or have they bought a debt from one of your creditors?

When did you last pay any money to the account which they are claiming money from you?

Did you have PPI on this account or bank/credit card charges??

Did they send you any statements or letters prior to issuring this Stat demand??

Please help I have had a Statutory Demand from 1st Credit delivered by courier. I don't know what to do. Please help, are they bullying me?

[labman]

Re: Statutory Demand from First Credit

Curlyben has written a post on SD's somewhere. First Credit have been hauled over the coals for issuing them as a Debt Collection ploy. It costs themnothing to send one to you, but will cost them a lot if they pursue it. You should, of course, take it seriously though.

I'll see if I can find a link to the thread for you.

[labman]

Re: Statutory Demand from First Credit

http://www.legalbeagles.info/forums/...few-strategies

There you go!

[Meagainindisguise]

Re: Statutory Demand from First Credit

Please help I have had a Statutory Demand from 1st Credit delivered by courier. I don't know what to do. Please help, are they bullying me?

Possibly, however we need some background to see if we can help you get this set aside. I have attached the forms you require. Remember we need the history of what has happened to be able to give the best advice we can. Remember you have 18 days from the date of service to get the set aside in.

[bluebottle]

Re: Statutory Demand from First Credit

I am attaching the most up to date OFT Debt Collection Guidelines which you may need to use if it transpires 1st Credit are making inappropriate or unlawful use of Statutory Demands. Do not rule out a formal complaint to the OFT's Credit Fitness Team. I am, therefore, attaching a guide as to how to complain to OFT Credit Fitness Team. Although the guide relates to bailiff companies, the complaint process is more or less the same for DCAs.

You will need to include the following details in the complaint. Use the set of details that is appropriate -

Company Name: First Credit Management Debt Recovery
CCA Licence No.: 0376968

Company Name: First Credit Services Debt Recovery
CCA Licence No.: 0542235

I hope this helps.

[puppydog]

Re: Statutory Demand from First Credit

Are you sure it's actually a statutory demand - quite often it's a sentence used on their own letterhead intended to frighten you into paying some money. If it is an actual statutory demand it will have been issued by a court and will have a court seal on the document. Also, you need to actually owe 1st direct credit the money for them to be able to legally issue a statutory demand - if they've bought the debt from someone else then you owe them nothing as you haven't agreed to use them for their services.
If it is the real thing, download form 6.4 from the Directgov website, complete it and submit it to your local county court as soon as possible - remember you only need to do this if you've received a real statutory demand from the Court. Also, the Courts take a dim view of any Company who is using a statutory demand to force a reaction, and for debt collecting purposes - there's lots of information on the Directgov website and other consumer action group websites. Hope this helps - Good luck

[bluebottle]

Re: Statutory Demand from First Credit

Are you sure it's actually a statutory demand - quite often it's a sentence used on their own letterhead intended to frighten you into paying some money. If it is an actual statutory demand it will have been issued by a court and will have a court seal on the document. Also, you need to actually owe 1st direct credit the money for them to be able to legally issue a statutory demand - if they've bought the debt from someone else then you owe them nothing as you haven't agreed to use them for their services.
If it is the real thing, download form 6.4 from the Directgov website, complete it and submit it to your local county court as soon as possible - remember you only need to do this if you've received a real statutory demand from the Court. Also, the Courts take a dim view of any Company who is using a statutory demand to force a reaction, and for debt collecting purposes - there's lots of information on the Directgov website and other consumer action group websites. Hope this helps - Good luck

If it is a bogus Statutory Demand, get a complaint off to OFT Credit Fitness Team asap with a copy to your local Trading Standards Department.

[Sapphire]

Re: Statutory Demand from First Credit

Carley, can you scan and post up a copy of the documents you have received so that we can confirm if it is a Stat Demand or not. Make sure you remove all identifying details first though please, ie name, address and reference numbers.

[miliitant]

Re: Statutory Demand from First Credit

are you sure it's actually a statutory demand - quite often it's a sentence used on their own letterhead intended to frighten you into paying some money. If it is an actual statutory demand it will have been issued by a court and will have a court seal on the document. Also, you need to actually owe 1st direct credit the money for them to be able to legally issue a statutory demand - if they've bought the debt from someone else then you owe them nothing as you haven't agreed to use them for their services.
If it is the real thing, download form 6.4 from the directgov website, complete it and submit it to your local county court as soon as possible - remember you only need to do this if you've received a real statutory demand from the court. Also, the courts take a dim view of any company who is using a statutory demand to force a reaction, and for debt collecting purposes - there's lots of information on the directgov website and other consumer action group websites. Hope this helps - good luck

Anybody can issue a statutory demand, you just print it off the internet.
Sending the demand by post is unlawful

Being that the statutory demand was issued by a courier/process server means they know you own property and needs to be taken seriously. The process server will just sign an affi davit that it was served

No court seal is needed on this application as it is not from the court , that comes later if the alleged creditor decides to lodge for bankrupcy after the qualifying period. A creditor can issue the demand if the debt has been assigned to them and you have acknowledged the assignment to the new creditor

Two forms are needed to set aside a statutory demand

6.4 that is the application to set aside
6.5 that is the affi davit in support of the set aside application

[carley106]

Re: Statutory Demand from First Credit

Hey People, Thank you for you replies. I have to collect my children from after school club. I will answer all questions on return. Carley x

[labman]

Re: Statutory Demand from First Credit

Sending the demand by post is unlawful

I'm not sure that's entirely accurate. The SD should be served in person. However, if you can show you have tried several times to do this without success, then I think you are allowed to serve it by post. I think you have to be prepared to sign a sworn affidavit to the effect you tried to serve it in person.

[miliitant]

Re: Statutory Demand from First Credit

a process server can deliver the SD and post it through the door backed up by an affidavit of service if no answer but

and SD delivered through the normal postal system is def a no, no, its an abuse of process

i had one myself set aside when i put that in the 6.5 form

[miliitant]

Re: Statutory Demand from First Credit

Practice and Procedure: Rules for the Service of Statutory Demands
Here's a very important rule. It’s IR 6.3(2).

Rule 6.3 Requirements as to service
(2) The creditor is, by virtue of the Rules, under an obligation to do all that is reasonable for the purpose of bringing the statutory demand to the debtor's attention and, if practicable in the particular circumstances, to cause personal service of the demand to be effected.

if the creditor fails to make service of the demand through personal service, only then service may be made by other means such as first class post or insertion through a letter box (Practice Direction, 18 December 1986, [1987] 1 All ER 604). For this to be acceptable to the court, the creditor must have taken similar steps to those which would persuade the court to grant an order for substituted service of a petition [See: Re A Debtor (Nos 234 & 236 of 1991) The Independent 29 June 1992] (in which it was confirmed by Blackett Ord QC that in some cases it may be appropriate to serve the statutory demand upon the Solicitors of the debtor).

if the SD comes by ordinary post, service can not be said to have corresponded with the obligation imposed by IR 6.3.

Where purported service is effected in this way, the debtor should avoid writing to the creditor in a way which demonstrates receipt of the SD. He may if he cares, send a request for production of the agreement upon which the debt is based and/or a statement of account, but he would be very ill-advised to acknowledge receipt of a SD delivered in the ordinary course of post.

The reasoning against acknowledging receipt of a SD delivered in a way which would, apart from the debtor's acknowledgement of it, be incapable of demonstrating compliance with the IR 6.3(2) obligation is found in IR 6.11 which concerns the evidence the creditor must file at court proving service of the SD as a condition of his being allowed to present his petition. the likes of connaught/1st credit fail to do so is an abuse of process if the debtor fails to acknowledge receipt of the SD AS WELL AS NOTIFY THE COURT OF SERVICE

It is an abuse of the process of the court and harassment to send out a statutory demand by post with no intention of relying on it in bankruptcy proceedings.

Besides complying with the service rules he is required in his SD to

[1] properly particularise the debt by giving details of when the debt was incurred, how it arose, the consideration for the debt and where interest is claimed, the calculation for interest;
[2] state the name of someone at the creditor's office and that person's contact details to whom enquiries should be addressed;
[3] state the court and court office address at which any application to set aside the SD should be delivered, and
[4] provide particulars of any assignment and the identity of all assignees.
Check for compliance with [1] to [4] above too. Any deficiencies are further clues as to the seriousness of the debt collector’s intentions.

[labman]

Re: Statutory Demand from First Credit

Taken from http://webarchive.nationalarchives.g...statdemand.pdf

a. If an individual owes you money:
You must do everything you can to bring the
statutory demand to the attention of the
person concerned and, if possible, serve it
personally on them. You can employ a
process server to do this for you (see para
graph 6).
If you cannot serve the demand like that
because the person is keeping out of the
2
way to avoid service, there are some
alternatives:
• You can send the statutory demand by
first-class post or put it through the
person’s letterbox.