Holy Cow!

toplass5

Part A
Appropriate Court for settling Aside Demand

Rilu 6.4 (2) of the insolvenecy Rules 1986 states that the appropriate court is the court to which you would have to present your own bankruptcy petition in accordance with Rule 6.40 (1) and 6.40 (2) In accordance with those rules on present information the appropriate court is {YOUR LOCAL COUNTY COURT, OR COMBINED COURT}
any application by you to set aside this demand should be made to that court.
FOR CONFIRMATION OF YOUR RELEVANT COURT, OR IF YOU BELIEVE YOU HAVE GROUNDS TO SET ASIDE THIS DEMAND AND WOULD LIKE SOME ADVICE PLEASE CONTACT OUR OFFICE ON 0208 253 0343

Part B

The individual or indivuals to whom any communication regarding this demand may be addressed is/are
Name:
Address: Connaught Collections
Tel:
Ref:

Part C for completion if the creditor is entitled to the debt by way of assignment
Original creditor: hsbc
Assignees: 1st credit finance ltd

cont

tomterm8

For clarification, did any authorised person for hsbc sign part C?

toplass5

How to comply with a statutory demand or have it set aside (ACT WITHIN 18 DAYS)
If you wish to avoid having a bankruptcy petition being presented against you, you must pay the debt shown on page 1, particulars of which are set out on page 2 of this notice, within the period of 21 days after itt's service upon you. Alternatively you can attempt to come to a settlement with the creditor. To do this you should:
*Inform the individual named in part b above immediately that you are willing to able to offer security fro the debt to the creditors satisfactio: or * inform the individual named in part b that you are willing and able to compound for the debt to the creditors satisfaction

If you dispute this demand in whole or part you should;
* Contact the individual named in part b immediately

If you consider that you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individual named in part b whom you have contacted you should Apply within 18 days from the date of services of this demand on you to the appropriate court shown in part A above to have the demand set aside.

Any Application to set aside the demand (form 6.4 in schedule 4 to the insolvency rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

Remember! - from the date of service on you of this document
(a) you have only 18 days to apply to have the demand set aside, and (b) you have only 21 days before the creditor may present a bankruptcy petition.

This is it!

toplass5

no no signature just the one from the individual.

toplass5

I asked them before for a copy of contract as i denied it was me. I never got one. This debt i about 10 years old and they are mistaken the debt is not to the hsbc it belongs to a bank that the hsbc aquired.

tomterm8

First – don’t panic! There are several reasons that you can apply to get the statutory demand lifted:

1. They failed to serve the notice to you in person
2. They are issuing a statutory demand on a debt that may be statute barred, since it is over 6 years and 1 month since you last acknowledged the debt.
3. In the particulars of claim they did not state which parts of the money due were charges, which may be illegal penalty charges.
4. If you done a CCA request, and they have not responded to the request you could ask for a stay in order for them to provide the documentation.

Also, if the assignment section does not have a signature from an HSBC staff member, then the demand will be invalid.

Advice: ring up CAB immediately, and ask for an urgent appointment.

Some more advice following:)

toplass5

fyi, I am currently struggling as it is and i am on a dpm for my credit cards, but am still trying to battle away with the important debt that i have. Than i get this in the post this morning. Having typed that out i have noticed that it states in particulars of debt (section) (a) when the debt was incurred - they have not said when if you look at their response ?????

toplass5

it does not even look official, just look like a print out with their information typed in.?

toplass5

surely a credit agency would do a credit check any way to see what i have and what i don't have. we'll crap i owe over £210k what do they think they could get from me/ my house would never be worth that it is only a 2 bed house and i have 1 mortgage and 2 massive secured loans and they would come 1st, how crazy are they?

tomterm8

Spell check (I am dyslexic) and then send the following registered mail + fax to the name on the form

Name of Creditor
Address of Creditor

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you.

You have sent me a statutory demand regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.



Please note that you have also failed to follow the proper procedure for issuing a statutory demand in that:
1. You did not serve this document in person,
2. You have failed to respond to CCA requests in the past for a statement of account and a signed true copy of this credit agreement
3. You have failed to provide a signature from the originator of the debt in the statutory demand form and
4. You have failed to describe what part of the demand is for charges, including penalty charges which may be unlawful.

I await your written confirmation within 7 days that no further contact will be made concerning the above account , that this statutory demand is withdrawn, and that this matter is now closed. If I get no response during this period, I will apply to the court to have the demand set aside.


Yours faithfully

(Your signature)