Sequenci Thanks for the reply, I did quote the immortal words so that angle is covered. The address that the correspondence went to is my husbands property only.I sent the cca reply from that address. The mail is now being re-directed. The address we are in now is owned jointly but they do not have that address currently. The debt is £26k!

Thanks Curlyben, Phew! was getting v worried as this is bolt out of the blue. They should get CCA request tomorrow sent speacial delivery/next day, so within 21 days of date on demand. I guess I just need to see what comes back now. They seem to be dishing these out like smarties. Nasty tactics.

Hi yes, almost identical. See my thread as I do not want to hijack this one. I was away when it was received so sent a cca immediately (today) by special delivery. That is why i am concerned about dates as the stat. date was 11th July I only got it yesterday.I am sure service date must be 2/3 days after the date on the doc but not sure. I needed to know because of the 18/21 day deadlines.

Hello, I am in exactly the same boat , received exactly the same notice & documents and just sent CCA, however when is the service date of the Statutory demand? is when received? or so many days after postage?I was away when it was sent via post.

OK, I have sent CCA to Connaught by special delivery today. I also received second letter from them today stating bankruptcy petition is about to be presented. They have also mentioned that a trustee will be invited to liquidate my assets including my property with a view to settling this matter!!! obviously this has shaken me somewhat. This letter arrived after I posted the CCA should I reply to this? Very worried at the moment so any help would be grateful.

Thanks Dave by putting in dispute will that not mean they have found me ? and would that not be acceptance? I honestly thought this was paid off a couple of years ago as agreed with my ex who has now passed away!!! in a bit of a hole at the moment and worried sh******! If you think CCA is best I will send tomorrow. Should it go to Connaught or 1st Credit?

The envelope was definately posted and not hand delivered. If this is a tactic ? maybe I should do nothing as they do not have current address? Need help on a strategy with this one.

Thanks for response. I think the loan was taken out in 2003. There has never been any dispute as far as I can recall and payments were being made by my ex husband at the time so cannot be exact when any last payment was made. I would estimate that nothing has been paid for approx 2/3 years having had brief access to his affairs. He passed away recently on 28th June.

Hello many thanks for quick response. It is great to know there are people willing to help. I have used this site in the past and made a donation as it was such a great help. The envelope was posted. Unfortunately present hubby binned it in error so no longer have it, But it was definately posted. In this case as it was sent to an old address was it actually served? They do not have current address. Also as any previous correspondence was also sent to previous address, would that mean any assignment of debt has also not been served? Not sure how to tackle this as do not want to end up with any backrupt action to deal with.

No, the first page has the heading: Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately at the top right is says: Form 6.1 There is no Court stamp anywhere. The demand has been served on me by 1st Credit (finance) limited. and says "The creditor claims that you owe the sum of £26377.80, full particulars of which are set out on page 2, and that it is payable immediately and, to the extent of the sum demanded, is unsecured. The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction. Signature of individual has been pp'd and the authorised demand has come from Connaught collections obn behalf of 1st Credit. On page 2 the particulars of debt are very vague and say: "A - The debt was incurred by monies due under a financial agreement. The debtor is in breach of the repayment terms and has failed to adhere to the terms and conditions of the repayment arrangements. The debt has been assigned as shown on Part C (p3) herof. B - The debt is in respect of outstanding monies owed to the creditor by the debtor for non-payment of a direct line agreement. the benefit of the debt having been assigned under an agreement to 1st Credit (Finance) Limited. C - The amount due at the date of the demand is £26377.8. Hope this helps. All helpline no's quoted are Connaught collections tel. no

Hope someone can help. Just back from a week with my son who lost his father to sudden illness 3 weeks ago. (i am divorced). A stat demand was sent via post to an old address for an old loan that I thought was paid by my ex-husband 3/4 years ago.The loan was in my sole name. We divorced and handled all financial matters amicably and served court papers for the divorce ourselves so did not involve any solicitors and financial matters were sorted between us. I have moved house a couple of times and up until now I have not had any correspondence and it would appear this old debt originally from Direct line has been taken over by 1st credt. The date on the stat demand is 11th July. Apparently it was received around 17th July. The stat demand was sent on to me by new tenants at my old address. I have not acknowledged this debt and have never corresponded with Connaught or 1st Credit. What action should I take? I am ver worried as the amount is over £20k ! Thanks

Hello I have same situ. what if they send correct agreement, no statement and no terms & conditions which are mentioned in agreement? Just a thought as I am waiting for CCA info also.

Geuss what ! Abbey have passed over to DLA Piper, They have applied to court for change of defence, this was without my knowledge , it was granted on 7th March and the 23rd March trial date has been vacated to first date after 2nd April. New budle has to be in by then. Not sure what to do as yet?

Hello 42 days now well and truly up. Can someone help with the situation re not receiving terms and conditions or statement ? Did they comply or not? they have started to chase me again. Many thanks

I have today applied for the stay to be lifted. i a not going to give. there has been no test case Used template from sticky to apply. Here we go again.

Hi Les Well Done! I am in exactly the same position with abbey. Duff defence (defence based on current bank account charges, when my claim is a mortgage ERC & penalties claim!) I have hearing date of 23/3. Allocated to small claims although claim over £7k. Had nothing to-date from Abbey, no change of defence. Did you bother with a bundle? I was planning to pull out but maybe I should hang in there!

I have not heared anything from Abbey. Case is due 23/3. The defence was standard bank account charges which was incorrect. This claim is for a mortgage account. They have not realised it yet and corrected it. My claim is for a mixture of charges, ERC and incorrect legal fees. In light of what is happening, the fact this is small claims although my claim is over £7k, I have not prepared my bundle yet. Should I just let it go ahead? what bundle should I produce? Advice please Zoot! Many Thanks

In light of all that has happened not sure what to do as claim is for refund of charges and erc. The defence submitted is inaccurate and relates only to bank charges and a bank account and has not been amended. It is in the small claims track. Should I just sit tight and see what has happened? I have not had any confirmation of date in writing from the court yet but was told over the phone hearing is 23/3 in small claims.

This is getting very bizarre, DLP Piper have now sent me a consent form to sign and return to them to have the hearing on 7/2 adjourned to another date. They have also asked for me to pay £35 for the court fee? At the beginning I wrote to them when I got the repossession papers to explain I could not attend hearing in the first place. I am epileptic and under the doctor and have an appointment that day.We then agreed a payment plan with a review in 5 months. They confirmed this in writing and stated that they had contacted court re stay. I turns out they have not and the hearing is still going ahead. I am worried, I cannot attend, I have signed consent order and returned it to them. I have now filled in defence documents and enclosed all correspondence re their acceptance and stated I am confused as to where we are a stay or an adjournment. I have asked for a general adjournment based on an agreed and accepted payment proposal and the mess this is all getting in. I have aslo asked no other decision be made without my attendance as everyone aware I could not make 7th feb. I hope I have done enough to cover bases.

Thanks Zoot They have accepted an instalment offer with a review in 5 months. WE are selling property anyhow so hopefully things will tie in. They have asked the court for a stay.Does that mean court hearing will still go ahead even if I am unable to attend? Should I write to the court so they get my side anyhow? Rgs sandy

I have got into financial difficulty as my business has not gone well recently due to a client going bust on me. My son is at a paying school a result of a failed legal divorce claim that I am duty bound to pay. I have no problem with this but I have now been chased by Holmwood termtime who provide the finance for the school fees. They pay the school and I pay them instalments. They are very quick to act as I have defaulted in paying and owe them some money. They have applied and got a judgement and now have applied for an Interim charging oder on my house which is in my sole name although I have remarried. They have sent me a consent order to agree the charging order so the court hearing on 6/3/07 can be vacated. I believe the agreement is covered by consumer credit act. At this late stage is there anything I can do to prevent a chaging order being granted. I am unsure of what if any fees have been applued to the total debt apart from solicitors costs. Any advice would be appreciated.

This is strange we have a copy of Abbey's allocation questionnaire which states: "In the interests of commerciality and in light of the minimal excess claimed above the small claims threshold, the defendant consents to the entirity of the claim being dealt with in the small claims track" The court have confirmed it is small claims trach, hearing on 23/3 and their defence was the one issued for a bank account and this is penalties plus ERC? I assume if they do not amend defence we have a good case? Still not had the papers from court yet due to delays. I think they are swamped. Any thoughts Zoot?

Can anyone assist with this issue? Thanks

I have not had anything to say they have amended defence. I am awaiting court papers they have not been sent out yet. I will call to ask what track it has been allocated to tomorrow and will let you know. Could be interesting!

HELLO I have a court date of 23rd MARCH. Is there anyone else at same stage or ahead of me in persuing Abbey? If so would be interested in tracking progress. Thanks Sandy