Updated - Connaught Collections - Statutory Demand

gilligansyle · 18 May 2008 at 6:40PM

Help - I have had various letters from Connaught Collections for a debt of around £2000. Since being on this site I have replied with various of the template letters, but have never had a response from them. Although they name a creditor, I have never heard of them and they cannot/will not tell me how this debt occurred or prove that it is me and not my ex-partner. any further letters now just go in the bin. Now I have received a letter saying they are trying to make me bankrupt.

I have replied within the 18 days again asking for proof of this debt and not acknowledging it but I suppose my questiion is, is this for real or just a scare tactic? Looking around, if they were to actually serve the papers it would cost over £1000 and they have not proved that there is a debt, so if it got to court it would be the first time I had seen any proof.

I have been trying to sort out the debts I know about, have got a part time job and reduced all my outgoings, so to have this has set me back to being seriously depressed.

fermi · 18 May 2008 at 7:11PM

With Connaught collections it is most likely a scare tactic. They are absolutely notorious for issuing these without the slightest intention of going through with a bankruptcy petition.

An SD must also give details of the debt, or at least the way that it arises. The fact that they have not would make me think that it is even more likely to be a last ditch attempt to scare you.

Lack of proof of the debt and/or disputed status would be ample cause to get the SD set aside or defend a petition.

However, and SD is a serious thing, despite them being frequently abused by disreputable debt collectors.

For your own peace of mind it would be best if you contacted one of the organisations here tomorrow to discuss this.

National Debtline - Website: National Debtline Telephone: 0808 808 4000
Consumer Credit Counselling Service - Website: CCCS Telephone: 0800 138 1111
Community Legal Advice - Website: Community Legal Advice Telephone: 0845 345 4 345

I can guarantee that Connaght Collections and their habit of using SDs as a "scare tactic" are well known to National Debtline and CCCS.

So please don't worry too much over this, or lose sleep. Get some advise from a professional advisor tomorrow.

malestrom07 · 19 May 2008 at 12:16PM

Connaught are notorious for issuing Stat Demands - they regularly send innapropriate threats to hundreds of people who are on Benefits and have absolutely no assests. They are indiscriminate and most of the staff wouldn't be to explain the Petioning for Bankruptcy process. I do as Fermi suggested and seek third party advice.

stapeley · 19 May 2008 at 1:00PM

I would not throw any letters away , you could use them to show harassment . Send off a complaint to TS.

gilligansyle · 8 June 2008 at 4:14PM

thanks to those who replie to this, my computer died and have not been able to get it fixed until now in order to reply.

I replied asking for proof, and am still waiting. I spoke to National Debtline about this and they were very helpful, and sent me sample letters to send. It may turn out that it is my debt and I am responsible. I am aware of this, but genuinely don't know what this is about.

I have checked my credit file, again, and have found a default for round about the period they are talking about, for a previous address. Interestingly the format of the address is one that my ex-partner used, as it used the house name, I never used the house name, so this makes me think he may have applied for credit once I had left.

To be honest, it may be best if they do take me to court, because they can shout as much as they like, they can just be added to the list of creditors and get paid out of the same pot. According to National Debtline, just because they take you to court does not mean that they have priority over other creditors, and at the moment my priority is my utility bills.

gilligansyle · 31 July 2008 at 4:57PM

Today I have received yet another letter from Connaught Collections acting for 1st Credit (whoever they are) - CitiFinancial - stating they they are now in a position to petition for bankruptcy after recent delivery of Statutory Demand.

They have still never told me what the debt is for, I have never heard of either company and requests for proof of debt go unanswered. If they do prove the debt, then they can just join the queue along with everyone else. I am now on a DMP with CCCS so not sure how this will affect it. I have not included this in my figures because i don't know what it is.

Will ring CCCS for advice anyway but wondered if anybody else has had this letter

notenoughcash · 31 July 2008 at 5:11PM

I have been in a battle with 1st credit for a few months now. They are all talk! I have even had letters from their so-called solicitors telling me that legal proceedings have begun, but I haven't heard anything from a court, and even if I do I can't pay them what I haven't got. I offered them repayments but they refused them. I am making them any way despite their nasty letters and telephone messages, which will also go against them should they carry out their threats, and they seem to have gone quiet for a while.

Sorry I can't help you with your letter but just wanted to give you a bit of a boost against these monsters!

gilligansyle · 31 July 2008 at 5:26PM

I haven't sent them any money and won't until they prove that I owe it. Or am I being a bit naive?

CCCS_Matthew · 31 July 2008 at 6:14PM

I'd second the advice you've had here so far. This does sound like a scare tactic, but despite that you should always treat them seriously. If you are confident that you do not owe any money to the creditor Connaught are collecting for, you would have good grounds to set aside the Stat Demand if they served you with the papers. You would need to fill out section 6.4 and 6.5 of the paperwork.

If Connaught were to attempt to make you bankrupt, they would have to serve Stat Demand papers to you directly before being able to precede. If this isn't something they have done, then it's unlikely they will proceed with this.

Either way, they are unlikely to stop contacting you about the debt until it's been proved that you owe the money. In this instance, you could consider asking them for a copy of your Agreement, as it's their duty to prove you owe the money, and not you to prove you don't.

Have you ever had an agreement at all with the creditor in question?

Regards,
CCCS

gilligansyle · 1 August 2008 at 9:32AM

I have had a SD from them, which I responded to asking them to prove the debt. On the form, there is a place for 'appropriate court' and it asks you to ring them for information, which I did when they did not respond. they continued to demand payment.

I have never had an agreement with the creditor in question, unless they were previously known as something else, but the entry on my credit file is October 2002. Could this be significant?

I will ask again for the CCA. I suppose all I can do is show that I have asked them to prove the debt, and if they get as far as court, it may well be the first time I see any proof!

rog2 · 1 August 2008 at 10:22AM

gilligansyle wrote: »

I will ask again for the CCA. I suppose all I can do is show that I have asked them to prove the debt, and if they get as far as court, it may well be the first time I see any proof!

Please do this, gs, as if Connaught are unable to provide you with a true copy of the original cca within the prescribed period, then they will be unable to pursue the debt through the courts - Statutory Demand or no Statutory Demand.
Have a look at the following NDL link and send them the letter that you will find at the end of the factsheet:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

Don't forget to keep a copy of ALL correspondence.

Updated - Connaught Collections - Statutory Demand

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