Please help, advice needed

crystal1985

Hi all

New on here!

I was hoping that someone may be able to advise me on my problem.

I have recieved a statuary demand from 1st Credit/Connaught Collections. The amount the they say that I allegedy owe is £860! I have had no previous letters requesting money and what its actually for!

I did once get a TV on credit, started to pay but unfortunately I became unemployed and left me struggling to pay. As time went on I heard nothing about it, then I recieve this stat demand saying that I owe this money, which left me feeling frightended and not knowing what to do! Again I gnored it, then they sent me a letter saying that as I have chosen to ignore them they have little alternative but to get a petition against me for bankruptcy!

I want to pay for this, really I do so they they stop hassling me, however I feel reluctant to pay £860 as I know the TV wasnt for this amount. I believe I have a right to write to them and request the credit agreement enclosing the £1 fee, as they have not actually stated what the debt was for. I also read that they have 12 working days to reply, if after then its over 30days they are breaking the law, is this true? if so Does that mean if the 30 days are up they cannot demand the payment?

Please help me!

quantumleap

How long ago did you purchase the T.V.?

First thing to do is write to them saying that you do not under any circumstances acknowledge the debt. Inclose a SAE and ask them to send you the documents they have that indicate that the debt is yours.

Remember, do NOT acknowledge the debt. Specifically say this in the letter!
There may be a template letter somewhere on the site, I'm not sure. Perhaps someone else could advise.

RAS

Hi

Just lost a post. Do not respond immediately. Thjis may be statute barred. Will get back later.

Re quantums message, how long ago did you stop paying?

RAS

Crystal

You have two thread going. Can you look at the otehr one and get the mods to join them together

crystal1985

Hi RAS

How do you link them? im a newbie! x

crystal1985

I purchased the TV 4/5 years ago now

rog2

Hi Crystal - 1st Credit/Connaught Collections are well known for using this type of scare tactic. They send out 'statutory demands' like most people send out birthday cards. The 'Statutory Demand' is a very serious document, that should only be used as a final resort and is, normally, a pre-cursor to bankruptcy.
But let's look at the facts; you 'allegedly' owe them £860.00 - wholist, legally, any creditor can petition for a debtor's bankruptcy providing that debtor owes them a minimum of £750.00, it will cost them a minimum of £590.00, plus solicitors fees, to petition for your bankruptcy and they would have absolutely no guarantee whatsoever of getting this money back from any 'estate in bankruptcy'. So bankruptcy is not really an economic option for them - it is, pure and simply a scare tactic and in very bad taste as their sole intention is to 'put the fear of God' in you and frighten you into paying what might be an unenforceable, and even not your, 'alleged debt'.
Write to these thugs and request a true copy of the original cca, using the template letter that can be found on the following link:

http://www.nationaldebtline.co.uk/england_wales/temp/1144_62381.pdf

If and when, they send it to you, check out the 'alleged debt' to which it refers, and check how long it is since you last made a payment to it, or acknowledged, in writing, the 'alleged debt' to the original creditor.

I would suggest that you preface ANY letter that you send to these 'people' with the words: "I do not acknowledge any debt to your company"

crystal1985

Thanks ROG that gives me a peace of mind. I have read about that you have to state "I do not acknowledge any debt to your company". If I do this what will be the next steps?

rog2

crystal1985 wrote: »

Thanks ROG that gives me a peace of mind. I have read about that you have to state "I do not acknowledge any debt to your company". If I do this what will be the next steps?

1. If 1st Credit/Connaught can not provide you with the copy of the original signed cca then the 'alleged debt' becomes 'iredeemably uncollectable' and they will be unable to pursue you through the courts for payment.

2. If 1st Credit/Connaught supply you with the cca and details of the 'alleged debt' and, providing that you have not either made any payments towards, or acknowledged, in writing to the original creditor, the 'alleged debt', then it will probably be 'statute barred' under the terms of the Limitation Act, 1980, and, once you have informed the creditor that you do not intend to pay the 'alleged debt' because it is statute barred (the ONLY defence you need) then the creditor can no longer pursue you for payment.

Let's wait and see what they come up with, and then we'll advise. In the meantime, send them the cca request, and, should there be any follow up to their 'statutory demand' all you would need to say is that you are waiting for the requested copy of the cca and, until you receive that (as you are entitled to by law) then you will NOT discuss the 'alleged debt' with them.

Keep copies of ALL correspondence.

crystal1985

Thanks for the advice Rog you have been really helpful.

Thanks ever so much.

thecornflake

rog2 wrote: »

In the meantime, send them the cca request, and, should there be any follow up to their 'statutory demand' all you would need to say is that you are waiting for the requested copy of the cca and, until you receive that (as you are entitled to by law) then you will NOT discuss the 'alleged debt' with them.

Keep copies of ALL correspondence.

Also make sure you send everything recorded delivery.

If a debt is in dispute you can use this as a reason not to make any payments or discuss it with them. While I was claiming bank charges from Natwest, I wrote to them saying the debt was in dispute because they owed me more in charges than the outstanding debt. They didn't contact me about it again, but then I think this company are a little less respectable than your average high street bank!