Jump to content


1st Credit Stat Demand for debt not due**WON+COSTS+BAILIFFS**


MrCollio
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5715 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I think the court are getting a little confused. HMCS website (the link I previously posted) clearly states the warrant must be issued for –

  • Either the balance due under the judgment
  • Or, if the judgment is payable by instalments, a minimum sum of £50 or one monthly instalment, whichever is the greater amount.
     
    Anyway once the cost of the warrant is added it will be £75.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 4 weeks later...

Guys need some help again.

 

I have posted the claim to the court and they say its being processed.

 

However I received a letter from LCS Solicitors today on behalf of 1st credit saying unless I pay they will issue a Stat demand Again.

 

What are my rights here?

 

I thought they could not issue me with another one?

Link to post
Share on other sites

Also is there a suitable complaints letter on the forum that someone can point me to which I can send to OFT and Trading Standards. When I call Trading Standards they refer me to OFT and OFT refer me to Trading Standrads.

Link to post
Share on other sites

Isn't a second go at an SD, when judgment has already been given, an abuse of the Human Rights Act? I'm sure I read somewhere that you can't be taken to court more than once for the same thing - especially if you wear dungarees, love whales and ride a bicycle, or something...

Link to post
Share on other sites

Any advice on what I should do?

 

Should I wait for the Stat Demand and then go to court and get it set aside again. The problem I have with this is the time it takes and its time off work.

 

Can I take the lead and issue proceedings against them.

 

BTW I have a FOS complaint outstanding but its still waiting to be allocated.

Link to post
Share on other sites

Just had an interesting call with the Legal Complaints Service. 1st Credit solicitors are called LCS Solicitors with a princip solicitor of D B Davies. Apparentenly david Barry davies firm is called LDS and not LCS. They have taken my complaint and want copies of correspondance.

Hopefully they will do something.

Link to post
Share on other sites

You PM'd me.

 

If they have not paid your costs they are no able legally to pursue further legal action until they have paid.

 

Further since the original judge found that there was de facto an arguable case, I do not believe that they would obtain a bankruptcy order until they argued this case in the county court.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

After such a long delay I have got some good news about sending in the baliffs to get my costs. I now have a warrant it arrived in the post today along with a letter explaining the reasons for the delay. The warrant has been sent to the reigate court.

Does anyone know how long the baliffs will take?

As for the delay. Apparently stat demand cases are listed as SD xx of year. There is no way to issue a warrant for a case number like this. So another case number has to be made up and mapped to it. Then the warrant can be arranged.

I would love to be there at 1st credit when the baliffs turn up!

Link to post
Share on other sites

Wonderful news - lovely to see a DCA get a taste of its own medicine.... Reigate isn't far from me and I'd love to see their faces.... I know their offices, used to be the old bus garage - there's a very nice wine bar near there (or used to be 20 odd years ago!).

 

Please keep us posted on the news. Perhaps you can liaise with the bailiffs and the press in some way.

 

They can't go for a second SD as that will be an Abuse of Process and the courts need to see the correspondence from them ASAP. Ask for another hearing and go for Harrassment and the thing where you can stop them chasing you (can't remember it off hand). As you've already been to court once this clearly is harrassment and abuse and the court won't take kindly to this.

Link to post
Share on other sites

  • 5 weeks later...

The Bailiffs have gone in and 1st credit have paid a cheque to them.

The court has acknowledged this and are awaiting the funds to clear before paying me.

 

1st Credit have told the Financial Ombudsman that the threat of a 2nd Stat Demand was an administrative error. I am waiting to see what happens here.

Link to post
Share on other sites

The Bailiffs have gone in and 1st credit have paid a cheque to them.

The court has acknowledged this and are awaiting the funds to clear before paying me.

 

1st Credit have told the Financial Ombudsman that the threat of a 2nd Stat Demand was an administrative error. I am waiting to see what happens here.

 

Are you going to take this issue further?

Link to post
Share on other sites

please do take it further, make sure it is trated as an official complaint, if only to cost them another £450.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

What a BRILLIANT result!

 

Well done... CONGRATULATIONS!!!

 

PV :-)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

Link to post
Share on other sites

I have a complaint outstanding with the Fos and the Legal Services Commission.

1st credit still have never responded to my complaints. The FoS got involved the minute I told them about the second SD and the fact that costs were awarded against them the 1st time and did not pay. Until this point I was getting nowhere.

I intend to see both complaints through. I also intend to chase trading standards as I am still awaiting my CCA.

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...