Connaught Collections - 1st Credit. Statutory Demand received - advice please.

[norm1aj]

rupert

 

where are you with this? its feb 4th now so "times up"?

[Rupert Rigsby]

Yesterday evening (4th Feb) I recieved an email from "The Consumer Forums" apparently sent at 19:55 stating -

 

You have received a new private message at The Consumer Forums from a Cagger entitled "CAG help with SD".

 

When I logged on last night, there was no message there. Obviously withdrawn, cancelled or whatever. Any CAG administrators or moderators have any idea what is going on or who that might of been?

 

I'm not going to suggest the reply above this one from "Norm1aj" is anything other than inquisitive, but as he has been a member for 2 1/2 years with only 3 previous posts (the last one nearly 2 years ago) - I hope you can understand my suspicions and concerns as to why you are suddenly monitoring my case on here and why you want to know my next move? Maybe I'm being paranoid? I apologise if you are genuine and I don't wish to offend, but a personal message which then disappears the same evening as your post makes me suspicious!

[norm1aj]

rupert, PM BRIG ive been talking to him on another 1stcredit case, im one of the good guys.. mainly on

[mevsthem]

Hi Rupert, I am also trying to set aside a case with 1st credit/connaught at the moment. I have just read your post #27 and I too have had a strange problem regarding private messages yesterday 04/02. I received an email to say I have a pm at 22.30 last night but my pm box is totally empty, also my sent pm's are empty when I know I had some pm's there. I have reported this to the site team to see if everythings in order. I also received a pm at 19.30 advising me to look at another site. Something is very strange

[Rupert Rigsby]

Where is that?

[42man]

Strange as there is more on Statutory demands on this site than at the other ????

[Rupert Rigsby]

Today, my daughter is in hospital having surgery and all my thoughts and mental strength should be directed at her, but instead, constantly going around my head is all this crap from Connault and 1st Credit. The people who work for these predatory outfits really are ****. Nothing more, nothing less, just ****.

 

By contrast, the volunteers on forums such as this one, are good, honest, decent people - using their knowledge to try and help people who, for various reasons, find themselves in financial trouble at this time.

 

You see both the best and the very worst of human nature here, eh? It brings out both the best and worst in people - in my case, I am afraid that if someone from either Connault or 1st Credit dare to show up at court, then the way I am feeling right now, I am very, very likely to punch them hard in the face.

 

I am now going to the hospital to see my daughter.

[mevsthem]

I Could not agree more, they have wound me up too today.

Hope your daughter is ok and surgery went well

Edited February 7, 2012 by mevsthem

[Rupert Rigsby]

The court sent back a letter giving me a date for a hearing, so at least it was not thrown out and I have a few weeks to get stuff ready.

 

However, my daughter is still in hospital, not too well, and I need to be there for a few days, as she takes priority over those ****'s at Connault every time.

 

I'll be back in a few days. Maybe Norm1aj (being one of the "good guys") can help in the meantime with some useful suggestions?

[Rupert Rigsby]

This Statutory Demand is about trying to make me Bankrupt, of course. If I can go to the court and show the judge my current account balance, and it is more than I owe Connault/1st Credit, and then state "it is not because I can't pay them - I could write a cheque right now - it is because I won't pay them because I believe I do not owe the money stated, as the account is still in dispute due to thier inability to provide relevant paperwork to back up their claim".

 

Would that work in my favour or just make me look a prat? (I can get this money into my current account if neccessary).

 

ps. My daughter is still poorly, but at least she is at home now and recovering slowly - and I'm a little less stressed.

[Rupert Rigsby]

Well, 42Man was quite right about the CPR31.14 request - with Connault stating... "that these are Insolvency proceedings and are therefore exempt from the Civil Procedure Rules"........... but they did send yet another bad photocopy of a Bank One Application Form and a Notice of Assignment (from them, not Halifax) and also a statement saying how much I owed them, blah, blah., but of course, no new evidence of any sort.

 

The terms on the application form they keep sending through (forgetting for a moment that it is a different company) clarly states that "These terms and conditions are taken from Clauses 6 and 7 of the Bank One Terms and Conditions - please refer to them for applicable definitions".

 

Surely, as part of my original CCA requests from years ago, these full Bank One terms and conditions should have been provided in total - or are they not in default because they have just sent the extract of 2 clauses from them on the application form that I signed?

[Rupert Rigsby]

I now have the SAR's back from both the original creditor Halifax, and also from 1st Credit. So far I've only been through the Halifax one thoroughly, but.....

 

First thing to note is that Halifax never issued a Default Notice - and their screen shots from their systems (included with the SAR info) confirms they can't find it on the database, although there is a default date according to Blair, Oliver & Scott's screenshot (Halifax's DC's) from 2005. Someone is asking the question because they can not find it - which is not suprising if it was never produced or sent.

 

The account was assigned to 1st Credit at the end of 2008 and I had letters from both about the assignment at the time - but no default notice.

 

Also just looked back at my credit report I printed off last June from Equifax to see the default date on there, as my brain told me that if the default date was 2005, then it should be gone by now - but then noticed 1st Credit had a default date in there for late 2008 - 3 years later than Halifax say on their systems and a few weeks before the "assignment" to them. This looks dodgy to say the least. Do you think this is a made up date? Is that not illegal?

 

I have at least 2 statements on the Halifax systems stating the dafault date in 2005 - but of course, no Default Notice anyway. No-one can produce the Default Notice, but there are 2 different dates applied - What is going on?

 

The Halifax screenshots also clearly show that they have not got copies of the Terms and Conditions for when the original card was issued in 2000 (The Bank One card). In fact, I've not any T&C's, current or previous either.

 

The lack of T&C's was the basis of my defence in the SD - which went off to court weeks ago - but with the new knowledge about the lack of a Default Notice, what should I do now?

 

(ps. I've been waiting over a week for a "no-win no-fee" person to get back to me - they have all the previous details but are very slow to respond, so I am assuming I will have to go it alone eventually anyway - to be honest I trust people on here more!!)

 

Any advice what to do now?

Edited February 27, 2012 by Rupert Rigsby
cut & paste failure first time!

[mevsthem]

Hi Rupert, Have you checked the account numbers on the application form to see if its the same as when you defaulted ?. If its different you may be able to argue that the application is for a different account. Not 100% sure if it will help but maybe could be added to your defence. Mine changed from a visa to a mastercard with a new acc number and without me signing an agreement for it. the only application form they sent me was for the old acc. Like I said, don't know if it will help just trying to think of arguments you may have.

[Rupert Rigsby]

No account numbers are on the application form. As yet, I have seen nothing to actually link the form with anything else, other than reports stating that Halifax bought the Bank One business around the same time.

[citizenB]

When was the last time you paid any money to this account ?

[Rupert Rigsby]

Beginning of 2009 - once the account was transfered I stopped paying. At the time I did not realise (or even know it was important) that a Default Notice had not been issued.

[citizenB]

Ah, right.. I thought it might have been more than 6 years ago.

 

Yes, they must issue a DN before they can take any further action such as terminate or issue a claim !

 

x

 

Default under s87 (1) Consumer Credit Act 1974

The Claimant pleads that the Defendant breached his contract. By virtue of a breach of contract and pursuant to s87 (1) Consumer Credit Act 1974 the Claimant is required to serve a default notice in the form prescribed by Consumer Credit Default Enforcement and Termination Notices Regulations 1983(The Regulations). No notice compliant with the Consumer Credit Act was served therefore the Claimant is barred from terminating the agreement and demanding the sums claimed from the Defendant.

 

[42man]

It looks like you didn't mention that they had NOT provided any default notice in your defence......you may bring this up with the judge, but the opposing solicitor may thwart this as it hasn't been mentioned. Bearing that in mind, if things aren't going your way in the court then you ask for an 'unless' order that unless they provide the default notice, termination notice etc etc, then the judge should throw it out.....but you may leave yourself open for costs....(which can depend on the judge) although most judges are mindful of costs in Litigant in person cases (a few aren't)

[Rupert Rigsby]

I suppose I am banking on 1st Credit withdrawing if I bring all this to their attention now, rather than wait unitl the court date. Should I just keep quiet until then?

 

Or should I "blast" Halifax about acting in breach of contract and threaten to sue them? And then tell 1st Credit? I don't know what to do.

[mevsthem]

Maybe you should ask 1st Credit why they have not sent Dn/Tn, Noa and statements of account with the SD, Which I think is what they are supposed to do

[Rupert Rigsby]

Update: I decided to make a "Formal Complaint" to Halifax about their behaviour in all this and mentioned anything and everything I could. More in hope, I didn't really expect anything back except a load of waffle, but I did try to emphasise I was serious about taking them on if I had to and making plenty of noise about it....... it made me feel better anyway!

 

But, out of the blue I have recieved a letter from Connaught stating that they have been advised by Halifax that they can't find a copy of the default notice and "confirm that we formally withdraw our ... (date) Statutory Demand".

 

They have enclosed a "Consent Order" for me to sign and send back.

 

First thought - a result........ second thought...... what are they up to?

 

The Consent Order basically states:

------------------------------

"Upon the Respondant withdrawing and not relying upon or pursuing its (date) Statutory Demand"

"And Upon the applicant withdrawing his (date) application."

"And Upon reading the written terms of the parties."

By Consent, it is ordered that:

1. the (date) hearing be vacated.

2. there be no order as to costs.

---------------------------

OK, so I have to send this back to Connaught, signed, asap, as time is short. (they have signed but not dated)

 

But what next? What are they up to? County Court? Another SD written differently? I'm not daft enought to think they are just going to melt away.

 

Due to me being away from home a couple of days, I only just got this and really need to get it in the post tomorrow morning(Sat) in order for them to get it in time to deliver to the court.

 

Should I smell a rat? Should I attend court anyway - just in case they "forget" to forward the Consent Order in time? (not that I'm suggesting that those upstanding gentlemen at Connaught/1st Credit would ever do anything underhand, nooooo, not on your nelly!)

 

Can anyone advise please? Comments/suggestions. Thanks.

[citizenB]

They want to avoid costs, simple as that.

 

I dont think they will be able to issue another SD.. We need to alert andyorch to this.

[AndyOrch]

Hi Rupert.

 

After a quick scan through, you have made application to set a side their SD.They have issued a consent for you vacate the hearing and drop the set a side on the pretense that they will drop the SD.

 

The Consent looks in order to me and will be dated on receipt of your signed acceptance.The Claimant should on receipt of the consent contact the court to vacate, you keep a copy of the consent obviously with their signature on and yours, the Court should contact you to verify you have agreed to this proposal.The date will be then vacated and you should receive conformation form the Claimant that the matter is now finished.

 

You need to apply a little a trust here, I understand your misgivings but they cant miss lead the Court.

 

Regards

 

Andy

[42man]

Excellent post Andy...

[Rupert Rigsby]

Many thanks to CitizenB, Andyorch & 42Man for your very quick replies this afternoon. I do appreciate it greatly.

 

Now off to the post office..........

 

Will keep you all up to date.