Statutory Demand 1st Credit/goldfish - **WON + COSTS**

[surprise]

My daughter has received a Stat Demand from 1st Credit but I am confused by it. I have been doing some reading to try and get my head around it.

 

Background. I was reclaiming charges from Morgan Stanley during which time it went to Goldfish then Goldfish sold the debt to 1st Credit. There is no signed agreement and Terms and Conditions were freshly printed in 2007. I have been in correspondence with 1st Credit and advised them that we are still awaiting a signed agreement.

 

The Stat Demand arrived yesterday, dated 2nd October. I saw on another thread that it should have an official court stamp but there is no such stamp on this.

 

The stat demand merely stats

 

A - the debt was incurred by monies due under a financial agreement. The debtor is in beach of the repayment terms and has filed to adhere to the terms and conditions of the repayment arrangements. The debt has been assigned as shown on Part C (p3) hereof.

 

B - The debt is in respect of outstanding monies owed to the creditor by the debtor for non-payment of a Goldfish agreement. The benefit of the debt have been assigned under an agreement to 1st Credit (finance) Limited 15/04/2008.

 

C - the amount due at the date of the demand is £xxxxx

 

Could some advise me on the best way to take this forward now please.

 

Many thanks as always.

[42man]

Amazing....despite the account being in dispute, they are issuing a statutory demand, and what's worse is THEY KNOW THIS....

 

OK....first things first how was it delivered ? does it have a name and phone number on it ? (I wouldn't recommend doing this however yo umight be interested in this... -

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

 

You have got 18 days in which to set this aside.....You have to totally dispute the debt.

 

You need to fill out forms 6.4 (set aside form) and 6.5 (affadavit) take them to your local county court (ring first to check if they handle bankruptcies/insolvencies - if they don't they should eb able to tell you the nearest court that does).....once at your local county court, yo uneed to ask the court staff to 'swear' in your affadavit, leave the forms at the court along with any other documentation and await a hearing (or possibly a set aside)......this is time to 'fillet' their donkey...and a chance for you to get your costs back.....

 

Have a look at these threads....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/103839-cca-1st-credit-connaught.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157201-statutory-demand-capquest-425-a.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/161411-off-court-within-week.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/151149-help-pls-process-sd.html

[42man]

And this one too (below)...also bear in mind that in the main judges do NOT like the insolvency service being abused as a debt collection tool to collect on disputed debts......

 

You must fight this and claim your costs.....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

If you need any help, or aren't sure what to do please shout....but remember you have to substantially dispute the debt whether it be

 

Non production of a CCA

 

No statements, no default notices, no notices of assignment,

 

Abuse of process

 

You need to show the judge how incensed you are at being served with this and how shocked you are at their abuse of process and using the Insolvency service....!!!

[surprise]

Thanks for this. 2nd class post. Yes there is a named person but has been pp. on his behalf, surely this can't be right?

 

Where do I get forms 6.4 and 6.5 from please. Sorry at a complete loss with this as I have never had to do this before.

 

many thanks

[PossVox]

Hi,

 

You can download the forms from here:

 

Statutory Demand

 

in PDF format.

 

The links are near the bottom of the page.

 

Hope this helps

 

PV

[surprise]

Thank you.

[PossVox]

I had the same situation as yourself and, with the invaluable help and support of the wonderful people on this site, I WON!

 

Take a look at my thread here:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/134225-advice-please-sd-received.html#post1415695

 

Good Luck!

[PossVox]

You're most welcome!

 

Keep us posted and shout whenever you need some more help or support.

 

PV

[MONX]

Dont worry Surprise,

 

I was where you are now and like Poss Vox and at least six others, all have had successes in the last month or so.

 

With the help and support of the members of the CAG (and no small part to 42man with his brilliant letters) we all managed to strike a blow against the DCA's in their misuse of the insolvancy process. Not only were we successful in getting the SD's set aside but in 85% of the cases the judges have awarded costs as well.

 

You're in good hands!

Edited October 11, 2008 by MONX
sp!

[nevos]

Hi,you may want to read through here

[surprise]

When you take 6.4 and 6.5 to court are there any fees that have to be paid at that time.

[PossVox]

No fees, it's free!

 

That's one of the questions I asked too!

 

Chill out.

 

You'll WIN!

 

PV

[surprise]

I'm fine. The problem is my daughter works away Monday to Friday and is only at home at weekends. I have read a lot of the threads and I have downloaded 6.4 and 6.5. What I am confused about is the bit on 6.4 where it says attend before the Registrar as follows:

 

Date: Time: Place:

 

We don't have none of this info - I quite happy to fill in the bits about why it should be set aside - how do I find out which Court this will need to go to.

 

I hope you're in for the long haul?

[MONX]

Ok

 

Fistly you click on here : The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available you will be able to find your local county court on here, give them a ring on Monday and find out if they deal with SD's, Its usually the Family and Bankruptcy section who would deal with them.

 

Once you've established which court you are going to use, you fill in 6.4 and 6.5, you leave the bit with "court, time and date" as the court actually fill these bits in.

 

Once the Affidavit is filled in you take it with your SD (take copies of it as my court wanted the original) to the court and "swear in" your affidavit, here you will swear on a bible/koran/talmud etc what ever faith you follow, which is witnessed by the clerk and then it is given to the judge, some judges make a decision as to whether a hearing is required straight away but most (from reading other SD threads on here) just send you a letter after about a week telling you and the DCA when and at what time the hearing is.

 

Hope this helps

 

MONX

[nevos]

What I am confused about is the bit on 6.4 where it says attend before the Registrar as follows:

 

Date: Time: Place:

Hi, a) insert name of person to attend hearing.

 

Date, place and time will be the local court where it will be heard.

 

You will need to have an affidavit sworn and form 6.5..

 

Copied from another thread:-

 

And an affidavit looks like this...this you will need to get sworn at a solicitors (usually costs £5)...

 

AFFIDAVIT

 

I (name) of (address), (occupation)

 

MAKE OATH and say as follows:

 

 

 

 

_________________________ ___________

Signature

 

SWORN AT (address)

this day of year

 

before me,

 

 

 

_________________________ ___________

(A Solicitor or Commissioner for Oaths)

 

Monx has covered it..

[nevos]

Surprise, is it a rude question to ask how much the demand is for?

[surprise]

Thank you all for you help, no it is not a rude question just over 3K. However, I was reclaiming charges for her April 07 from Morgan Stanley and I think these were in the region of 1K. I'm about to go through the file and get my facts straight so that I can do these forms for her. I have looked at the Courts and hopefully the one down the road from her will do this.

 

As she works away and normally would be travelling Monday morning instead she is taking it off to go to Court, would these costs be reclaimable as well as the costs for taking the day off when she attends? If they are then 1st Credit are in for a big bill as her hourly rate of pay is £28.00. Also, if the hearing is in the middle of the week, meaning she will have to travel down and go back, can she claim this?

[nevos]

Hi, we had an SD for about 30K, were in two minds to fight it or not, we didn't apply for the set aside and waited to see if they were really serious, they turned down offers of monthly payments, added interest and solicitors costs. To cut a long story short. We did fight it with great help from CAG members and won. The other side withdrew the petition and the circuit judge advised wife to claim for costs.

 

One thing we didn't know was, they had registered the SD at the land registry also local authority. We have to pay to have it removed, and we needed a copy of the order to remove it.

 

My point about the amount was that: Many DCA's use the SD to frighten people, it costs them around £500 approx to petition your bankruptcy.

 

As far as I am aware, if you can have the demand set aside then you may ask for costs, sometimes the costs awarded are greater than the amount of the demand.

 

Good luck!

Edited October 12, 2008 by nevos

[surprise]

If it is going to cost them £500 then what if we offer them £500 as full and final settlement, bearing in mind there is no signed agreement. I am sure she would be happy to do this just to get them off her back. If we do this do we do it before we present the forms to Court.

[nevos]

I would not make any offers if I were you. This would effectively acknowledge the debt and will not help you. As far as I know even in court you can not make an offer apart from full payment and or secure the debt.

 

The reality is that their costs will be closer to £900.

 

An SD should not be issued for less than 5K IMO.

 

Stick to your guns and blow them out of the water.

Edited October 12, 2008 by nevos

[surprise]

I will heed your advice and carry on with the SD.

 

1st Credit have probably issued so many SD's in the past as people have been ignorant as to their rights but with more people getting wise perhaps 1st Credit will have to re-think their strategy as it must be costing them thousands, rather than reaping thousands.

 

Many thanks for you help.

[nevos]

Thats the spirit!

 

When you think these companies pick up debts for 10% of the value, it is a nice earner for them. They purchase blocks of debts from the banks then, work on a win some lose some basis. What scares me is, the thought that many people will be receiving SD,s writ's and are not computer literate.

 

Most of the population will soon have bad credit ratings so, after the crunch who will they lend to, the Icelandic Government perhaps:D

[surprise]

Quick question please.

 

Form 6.5 (a) insert name, address and description of person making the oath - what description do they mean, sorry if I am being dumb here. I realise its not brown hair and brown eyes!

[42man]

Just write name and address...you could add your occupation too..

[surprise]

Thanks. All done now. We're going at 10.00 am in the morning.