1st credit/halifax CC - trying to delliver SD - help

[nometer]

Subbing

[siamshops]

Time and date the second SD was going to be delivered by hand has passsed with nobody turning up with the SD.

Had a letter from Connaught confirming my CCA request saying that it might take longer than 12 days due to the debt coming from

their client and no enforcement will take place.

[siamshops]

Second SD has been delivered by an agent (who failed to turn up for the first appoitment they made)

Would like to get this SD set aside if I can. Connaught have acknowledged my CCA request by letter stating that they will provide ot as soon as they are in receipt of it. The letter also states that no enforcement action shall be considered by Connaught has supplied the requested information.

14 days after the date on the letter the SD was served (pushed in the letter box not even inside an envelope)

Really need some help now with the form to try and get this set aside.

Thanks.

[Bazooka Boo]

Second SD has been delivered by an agent (who failed to turn up for the first appoitment they made)

Would like to get this SD set aside if I can.

14 days after the date on the letter the SD was served (pushed in the letter box not even inside an envelope)

 

Can you just clarify, the SD was served by pushing it through your letterbox & NOT in an envelope?

[siamshops]

Had a letter stating an agent had called at the property but I was not available (a slip of paper was put through the door) the letter goes to state a time and date the agent will attend to serve the sd (nobody came).

Next letter states that they were unable to attend due adverse traffic, and another time and date set.

Got home to find the sd had been posted through the letter box no envelope on the date states in letter.

This is the second sd they have sereved the first was sent by a courier company again just put through letterbox ( I ignorned this)

Thank You for your help.

[Bazooka Boo]

Then I believe that this will have been incorrectly served, as they have no proof. Although wait for someone who has dealt with SD issues first.

 

http://www.nibusinessinfo.co.uk/bdotg/action/detail?itemId=1084609922&site=191&type=RESOURCES

 

Practice and Procedure: Rules for the Service of Statutory Demands Here's a very important rule. It’s IR 6.3(2). It applies to the service of all SDs but is commonly disregarded by debt collectors who use the insolvency regime as a means of collecting debts with no genuine intention of proceeding to bankruptcy.

 

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.

 

In short, the creditor is bound by obligation imposed by the rule, to do all that is reasonably practicable to cause personal service of the SD. To avoid the obligation the creditor is bound to demonstrate that it proved impractical to effect personal service. To achieve avoidance of the obligation he will be expected to attempt personal service, fail in that attempt and proceed to serve by some other way which he believes will cause the SD to come to the debtor's attention.

A debtor will invariably know the creditor wishes to attempt personal service because the creditor will tell him. Where a creditor has attempted but failed, the proper course is for the creditor to seek to make an appointment to meet the debtor. This is usually done by attending to serve personally, failing and pushing a letter through the letter box referring to the visit and leaving contact details by which the appointment may be fixed between the debtor and the person attempting to serve the SD.

The creditor has four months within which to serve the SD. Service after this time will require the creditor to explain himself and account for any dilatory conduct. If the method for service described above does not lead to personal service, then (and 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).

Sometimes SDs may come through the post to be signed for. The debtor's signature on the receipt retained by the postman may be sufficient evidence of an acknowledgement of receipt whereby postal service in this way proved a reasonably practical way of effecting service. The risk from the creditor's point of view is that the acknowledgement may be signed by someone other than the debtor.

Absent an order for substituted service, 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.

http://www.consumerwiki.co.uk/index.php/Statutory_Demand:_Service_by_Post

[dx100uk]

i have done some tidying of this thread and its attachments

 

here are the CCA and the T+C's that first came through

as well as letters docs from 1st credit

 

where is this letter that offered a discount of 30%

 

put that up

 

dx

[siamshops]

Would the fact that the agent has visit my address and made an appoitment to meet me at my address count as personal service.

In two letters they have sent me it states " If you fail to keep the appoitment we intend to serve, you by inserting the statutory demand through the letter box. We are required to inform you that in the event of a bankrupcty petition being presented, the court will be asked to treat such service as service of the statutory demand upon you"

They failed to turn up to their first appointment.

Discount letter attached, I may have another one will look later.

Even with the discount offered the amount they would want would be over £2200 a month for 3 months.

Thanks everbody for all your help.

1st credit discount if you pay letter.pdf

connault will match any payment offer letter.pdf

Edited April 15, 2011 by siamshops

[dx100uk]

you REALLY need to not use pen to do blanking

 

blank out using the paint prog!!

 

i'll say this for the last time

 

if anyone is offering a discount, then PERS i'd totally ignore them.

 

dx

[siamshops]

My lack of computer skills let me down on a daily basis.

Have added a letter from connaught offering to match ant payment made to my previous reply.

Thank You

[siamshops]

Can connaught serve a statutory demand when have failed to comply with my CCA request which have acknowledged by letter which states that no enforcement action shall be considered until this information has been supplied.

[dx100uk]

as in post 84

 

if anyone..........

 

dx

[siamshops]

I really do want to ignore them, been getting very stressed not knowing what to do.

Thanks for all your help.

[nicklea]

Can connaught serve a statutory demand when have failed to comply with my CCA request which have acknowledged by letter which states that no enforcement action shall be considered until this information has been supplied.

 

You haven't said if they did actually turn up and post it through your letterbox.

 

If they did then, as long as they provide an affadvit of service, they can present a bankruptcy petition.

 

Whether they will or not is a different question.

 

I would suggest that, if they did serve it by putting it through your letterbox that you should get it set aside.

 

Their failure to reply to your CCA request, as long as you have evidence that you sent it, is enough to get the SD set aside.

[siamshops]

The second statutory demand was delivered by an agent (posted in letterbox no envelope ) on the day they had stated in their letter.

They failed to turn to their first appointment "due to adverse traffic conditions".

Will be applying to have it set aside, my CCA request was sent by registered post and has been signed for, Connaught have acknowledged my request and have stated that no enforcement action will be considered until this information has been supplied.

11 days after the date of the acknowledgement the stautory demand was delivered.

Been over 30 days now since my CCA request and nothing has appeared.

[Bazooka Boo]

Have you sent them the 'failed' letter?

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[siamshops]

Should I sent it straight away or wait to after I have applied to have the sd set aside.

[Bazooka Boo]

Send the 'failed' letter asap.

 

This will then be added to your defence.

[lilly white]

From the statments I can see that I have been charged over £250.00 in fees and over £1900 in repayment cover. Please explain the insurance cover have you claim on it if not why not.............Mistake 1st credit......... enjoy the Easter break.Kind regards to all...........

[siamshops]

The insurance cover is credit card repayment insurance and card protection.

Have never thought about a claim of any kind, what sort of claim?

Sending "Failed "letter this morning.

Happy Easter To All

[babybear39]

Send a SAR to the OC to check for possible charges and PPI reclaim.

[siamshops]

SAR request has returned from the oc, a large amount of what I would say are print outs of information held on computer and copies of statements, not 100% sure what I am looking for.

There is no letters of default or assignment.

[Bazooka Boo]

Charges and fees added, PPI? Did you specifically state what information you wanted them to send you in your request?

[siamshops]

Have sent another SAR request to original creditor asking for information on charges and fees applied to the account and PPI.

Have applied to have the SD set aside on thr grounds that I have not recieved a copy of thr CCA and that they are chasing me for a debt while the account is in dispute and that I dispute the amount due to charges and PPI.

Connaught have sent me a copy of an visa card application as there response to my CCA request, same as 1st credit sent me.

Will they produce just a copy of this application at the hearing?

[Bazooka Boo]

NO, they MUST produce the ORIGINAL, but you need to be on your toes if it gets to court, you should question the documents they produce and rely on in court, you CAN also submit a CPR request to view the docs they intend on relying on in court.