help please bankrupt threat

frosticles1111

i just received a stautory demand from connaught collections for £1100. i am not working because i had a breakdown and still suffer anxiety ,won,t leave the house etc...so i cannot go to the cab for help.i,m worried they will bankrupt me and put my details in the local paper ..i,d be so ashamed..i am living on £75 a week at the moment and by the time i pay rent ,gas ,electric and feed the animals i hardly have anything left to buy food for myself let alone pay debts i owe,.what should i do because when i phoned up another debt collector before and told them this they said they won,t accept a tiny payment each month and it will have to go to court....i m really worried..will they go ahead with the threat to bankrupt me ..

rayday2

You should contact a debt charity there are answers and not the ones they are threatening you with. There are four people you can call, the local CAB, National Debthelpline, CCCS or Payplan.

It is threats to make you pay but if the money is there they can't have it! With one of the above charities behind you I am sure you will feel more supported and firm in your actions.

frosticles1111

thankyou .do you think they will accept a few pound a month

rog2

frosticles1111 wrote: »

i just received a stautory demand from connaught collections for £1100. i am not working because i had a breakdown and still suffer anxiety ,won,t leave the house etc...so i cannot go to the cab for help.i,m worried they will bankrupt me and put my details in the local paper ..i,d be so ashamed..i am living on £75 a week at the moment and by the time i pay rent ,gas ,electric and feed the animals i hardly have anything left to buy food for myself let alone pay debts i owe,.what should i do because when i phoned up another debt collector before and told them this they said they won,t accept a tiny payment each month and it will have to go to court....i m really worried..will they go ahead with the threat to bankrupt me ..

Don't, whatever you do, contact Connaught yet - and certainly not by phone.

Connaught 'specialise' in sending out what look like Statutory Demands in the hope of frightening their 'victims' into paying, sometimes money that need not be paid or is not even owed.

Whilst a genuine Statutory Demand is a pretty powerful document, usually the pre-cursor to bankruptcy, it is worth considering the following:

Whilst any creditor has the right to petition for your bankruptcy, provided that you owe them a minimum of £750, that petitioning 'creditor' will have to pay all the 'up-front' costs - currently £590, plus Solicitors' fees - with NO guarantee of getting them, or indeed anything, back.
For an 'alleged debt' of £1100, bankruptcy is simply not an economic proposition for Connaught.

BEFORE you do anything - what is the history of the 'alleged debt'? Have you been dealing with the original creditor? Have you tried to make an offer of payment? How 'old' is the 'debt' and when did you last make a payment, or acknowledge the 'debt'? Do you even know what the 'debt' is for, and have Connaught provided you with a true copy of the Consumer Credit Agreement?

Lots of questions, and potential solutions, that need to be explored before allowing these 'pondlife' to scare you into making payments that you can not afford or, even worse, paying a 'debt' which may not even be enforceable.

Please, therefore, post a few more details and we will try and help/advise.

RAS

Hiya

Horrid aren't they?

First thing, it is very unlikely that Connaught will make you BK. It will cost them a fair bit in fees and they get no preferential treatment, so unless you are sitting on a lot of equity or the Crown Jewels, it would cost more than they would get back.

The second thing is that going BK is not the end of the world. It is not to be undertaken lightly, but if you were ultimately advised that was a good idea there are lots of folk here who have been there, done it and are glad. So if it comes to that there is support here for you.

To start things rolling, you need to speak to one of the debt charities listed here http://www.moneysavingexpert.com/loans/debt-help-plan#help. CCCS can deal with your case over the phone or CAB may send someone to see you if you cannot go to them. They can help you prioritise your debts and deal with your creditors if you wat them to.

There are also two CCCS staff and a CAB worker - debt doctor - who come and help on the forum at intervals, so you an get some help directly from them.

You also need to check with www.entitledto.com to make sure that you are getting all the help you should have.

In the mean-time if you post and SOA, see here http://forums.moneysavingexpert.com/showthread.html?t=107280 for how, the folk here can help you pare bits off your spends or find extra bits of money to help you out.

It would also be worth while looking at the OFT Guidelines as this letter almost certainly breeches the rules. If the statutory demand comes from Connaught, then it has no legal standing, it is just a scare tactic. If it comes from the court, you need to get advice very quickly.

So read this and you will have more understanding of your rights with your creditors. That puts you in a powerful position because they rely on people not knowing the rules.

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Hope this helps.

AGB863

Connaught are also one of the companies who chase debts that are over 6 years old, ie you have not made any payment or acknowlged the debt for over 6 years.

If that is the case Connaughts can not use the courts to enforce payment.

Do you know what the debt is for and when did you make the last payment?

If the debt is over 6 years old, it is Statute Barred and you will have to respond accordingly.

fermi

RAS wrote: »

If the statutory demand comes from Connaught, then it has no legal standing, it is just a scare tactic. If it comes from the court, you need to get advice very quickly.

Statutory Demands don't have to go through the court, but they must be served properly.

From: http://www.insolvency.gov.uk/guidanceleaflets/dealingwithdebt/howtomakesomeone.htm

The completed form must usually be served on the individual in person. The creditor must have proof of service, so it is usual to employ a process server to carry out this function (these are listed in Yellow Pages under 'detective agencies'). The court is not involved in the issuing of statutory demands, so no court fee is payable.

But yes, Connaught often use deceitful tactics such as this to chase debts that are often not even legally enforceable.

If we can have more complete details of exactly who/when is owed to, then we can either advise you how stop an unfair claim on you or make them play fair.

c3320

Hi
I been dealing with connaught for about a year or so, i've been paying £20.00 a month and had a tight month and fell into arrears of £20.00. I received a statuory demand from them which was delivered via citilink or someone like that i did not sign for it. it was posted through letter box. the total that they want is £1000.00. the SD was dated 27.9.07 and received this on the 3 october. i have not yet contacted them and i have recently paid another £20.00 making the debt owed £980. not sure what else i should do should i contact them or leave it. my job however mean i must not be made bankrupt or i lose it. HELP:mad:

Miss_Marple_2

frosticles1111 wrote: »

i just received a stautory demand from connaught collections for £1100. i am not working because i had a breakdown and still suffer anxiety ,won,t leave the house etc...so i cannot go to the cab for help.i,m worried they will bankrupt me and put my details in the local paper ..i,d be so ashamed..i am living on £75 a week at the moment and by the time i pay rent ,gas ,electric and feed the animals i hardly have anything left to buy food for myself let alone pay debts i owe,.what should i do because when i phoned up another debt collector before and told them this they said they won,t accept a tiny payment each month and it will have to go to court....i m really worried..will they go ahead with the threat to bankrupt me ..

When I went through Payplan, it was all done via phone, email and post, so I'd recommend them as a first step (or equivalent other debt charity people), they are very understanding - you can make initial contact via email.