1st Credit - Statutory Demand recieved advice needed urgently please

[Mintylamby]

Hi everyone

 

I'm looking for some advice for my friend who recieved the attached Statutory Demand from 1st Credit via a courier yesterday.

 

The debt is for a credit card taken out prior to 2003 with the Associates and a CCJ was obtained in 2008 by 1st Credit. My friend is a home owner with equity in the property.

 

Having looked through the forums at advice given to others, I am under the impression that we need to send them a CCA request, a SAR, a request for a copy of the deed of assignment and also apply to the court for the demand to be set aside while it is disputed.

 

Can somebody confirm the precise process and help with wording for letters and the affadavit? Also how likely is it that my friend could be made bankrupt over this debt? If the CCA is enforcable what is the worst case senario?

 

Thanks in advance

 

 

 

 

[Pinky69]

Did this CCJ occur by default? The Associates credit cards were taken over by Citifinancial in 2002 and they have since sold them on. I had one which was sold to Cabot and there is no credit agreement for it. You won't get the deed of assignment - that is a business transaction on which are the details of hundreds of accounts - only a court can ask for that. Did you mean a Notice of Assignment giving 1st Credit authority to collect the debt? That you can ask for.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to the Letter "N" for the CCA letter

 

Data Protection Act 1998 - Subject Access Request

 

That's where my advice ends because I know nothing about set-asides but someone will be along in due course to help. Just keep bumping your post until someone answers.

[lilly white]

the ccj was it a default judgement if so you need to appeal

[mr.ton]

Its not unlike 1st Crud to fake these things, but if it has come from an actual court - you need to find that out & contact them specifically.

If 1st Crud have faked it then report them to the OFT.

[saintly_1]

For the set aside of the stat demand you will need forms 6.4 & 6.5 from here Forms

 

You will also need to find out the nearest CC that deals with them have a look here for that http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

[Blossomandebony]

Hi, Mintylamby,

 

From looking at the documents it appears that your friend already has a ccj and a charging order on their home. I presume your friend buried his / her head in the sand and ignored the several letters that the courts must have sent regarding the hearings for these judgments?

 

If so, I would suggest it's pointless arguing for a set aside of the original judgment on the basis of lack of CCA, it's too late and the judge would ask why the court has been ignored on previous occasions.

 

A statutory demand is a threat, basically, and very few actually result in bankruptcy. On the stat demand form it actually recommends that the debtor contacts the creditor to arrange payment - this is the best option for your friend, I think.

 

They need to offer a regular payment, say £20 a month ( whatever they can afford) and put it in writing to the solicitors. If 1st Credit do not accept it, then you can apply to have the stat demand set aside, on the basis that you have offered a reasonable payment plan. For such a small amount the court would see that the creditor was being unreasonable by not accepting your offer.

 

And like Mr Ton said, make sure it is a proper stat demand, (it will state the name of the court).

 

BAE

Edited August 1, 2009 by Blossomandebony

[Mintylamby]

The CCJ did occur by default. The charging order was made in April 2008 and my friend had no other contact with 1st Credit until Oct 2008 when they recieved another letter demanding payment.

[Mintylamby]

I have attached a scan of the Statutory Demand. Does it look like it is real or a fake?

[lilly white]

well as it was in default we need to appeal the ccj and the charging order

 

so some of the reasons for the appeal will by as follows.

 

 

 

Introduction

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

 

We have listed quite a few valid reasons below.

 

 

Were you given 28 days notice in order to pay?

 

Were you living at the address when the summons and judgement took place?

If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.

 

Did you receive the summons? They are not sent by recorded mail.

 

Maybe you were unable to attend court and defend yourself.

 

 

If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.

 

If you did not receive any notification of the judgement/s made against you, then you can appeal.

 

Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

 

Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?

 

It could have been that you were away from the time between the issue of the summons and entry of the judgement?

 

Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court

 

. If the summons was 21 days late then the judgement would have already been taken out against you?

 

Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

 

Lastly...

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded.

 

In the majority of cases County Court Judgements fail to comply with every detail.

 

 

This gives you the chance of having your judgement/s removed forever.

 

well have a read.

[lilly white]

please it looks real to me.

 

Also these people where given a warning so they will press with this IMHO.

 

The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices.

[Michael Browne]

I have attached a scan of the Statutory Demand. Does it look like it is real or a fake?

Yes it is real. SD's are not issued by a court. They are a standard form sent by the DCA, no court is involved and no fee is payable to issue it, which is why they are so popular with DCA's

[lilly white]

So In A Nutshell Your Friend Has To Got To Realised That He Or She

 

Has To

 

1 Get On With The Appeal

 

2 Set ,The Sd, A Side On The Fact That It Is Going For Appeal.

 

3 Others Will Be Along However That The Nuts And Bolts

Edited August 2, 2009 by lilly white

[Mintylamby]

Thanks for all the replies so far.

 

My friend has been through her paperwork and never received notification of the judgement.

 

Pinky - does this mean we apply for the statutory demand to be set aside on the basis that we are appealing against the CCJ and charging order?

[Pinky69]

As I said above, I don't know anything about Statutory Demands or set-asides. Lily has given you a list above.

[babybear39]

Anyone can download and issue an SD.

 

Has your freind been paying the CCJ?

[Mintylamby]

hi babybear no she hasn't.

[babybear39]

It's very important that she gets the right info to pay the CCJ otherwise they could apply for a warant of execution.

[babybear39]

If the payments are too high she can apply for the order to be varied via the issuing court.

[Mintylamby]

we have the CCJ info, could you be kind enough to explain exactly what we need to do thank you

[Mintylamby]

my friend doesnt have the money to be able to pay the whole debt

[babybear39]

Did the judgement ask for regular payments or the whole amount?

[Mintylamby]

my friend never received a copy of the judgement so we dont know. 1st credit then gained a charging order on the house which my friend did not volunteer for or agree to. Now they have issued the SD

[babybear39]

Have 1st crud been sending documents to a previous address?

[Mintylamby]

no my friend hasnt moved house

[blipvert]

something to bear in mind the amount allegedly owed is £1480, but BR proceedings would cost circa £800 and that gets paid by the petitioner who at the end of it all, would have no control over any of the proceeds, the OR does.