HELP Statutory Demand

rog2

Arsenal14 wrote: »

Connaught preyed on this fact knowing that I was joining the Police and really intimidated me to make payments with the threat of bankruptcy proceedings.
As a result I have now received a SD through my door and Im totally lost what to do now.
I'm lost and really stressed out about this !!!!

Ok Arsenal - there probably is no need to worry, especially if it is a 'Connaught Collections' Statutory Demand. They send out more of these than any other debt collector and I have not, yet, seen one bankruptcy that 'Connaught' have petitioned for.
A couple of questions for you:

1. How much is the 'alleged debt'? Even the lowlife that is Connaught is unlikely to petition for your bankruptcy unless the debt is worth thousands of pounds, since they would have to pay the court fees (£590) and associated solicitors' fees - probably anything up to £2000. Whilst these costs would be added to your 'estate in bankruptcy' there would be absolutely no guarantee whatsoever that Connaught would get these back. Nor would they (Connaught) gain any preferential treatment over any of your other creditors - they would have to take their equal share, after the OR's expenses, which could even result in them getting absolutely nothing.

2. You say 'alleged debt' - does this mean that you are unsure of the 'debt'? In which case, have you asked Connaught to provide you with a true signed copy og the original cca? The 'alleged debt' may not even be legally enforceable.

3. Have Connaught, so far, been happy with the payments you have been making?

In my opinion, their 'SD' is nothing more than a scare tactic, playing upon your personal situation, regarding the police, and a ploy to 'bully' you into paying what you either cannot afford, or what you may not even owe.

Have a look at the follwing link, to see how they should be plying their dubious trade:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Look forward to your next post.

lowellcrooks

Simply send them the CCA 1974 letter (i'm sure some kind person will point you to the link on here) with £1 recorded del. asking for copies of original signed agreement(s) and proof of assignment (i.e. their purchase of said alleged debt)
NEVER EVER RING THEM UP!!
If they don't provide this in 12 days (this time is quite quick as the law assumes that if these people were abiding by the rules they would have this paperwork in their possession! yeah right.....) they cannot take legal action against you. Another 30 days after and they can't even ask you or contact/threaten you again without being guilty of criminal extortion, a complaint of which as you have seen is being compiled against lowell/red/hamptons/xxxx (add as required any name of your choice) as we speak.
Your first debt has NO bearing on the second alleged debt they are after. I think TBH if you had been clued up you wouldn't actually be paying for the first as u say.

lowellcrooks

UPDATE!!!
Unfortunately it seems plymouthvictim has NOT proceeded with a criminal complaint, he has dropped this after his recorded delivery from Lowlifes seemingly satisfied his thoughts of criminal proceedings. See my other posts in this thread, the 'inertia' effect, i.e. once people get let off the civil case they feel too relieved and not angry enough to proceed with a criminal complaint under the CCA and Admin of Justice Acts. It is merely a report, NOT a complaint according to Devon Police.
THIS IS HOW THE SCUM GET AWAY WITH THIS BEHAVIOUR, AND FEEL EMBOLDENED TO ACT FURTHER AND FURTHER OUTSIDE THE FSA GUIDELINES, AND CIVIL PROCEDURES AND EVEN BREAK CRIMINAL LAW!! EVIL TRIUMPHS WHEN GOOD PEOPLE DO NOTHING!
Every time they get away like this, more and more vulnerable people who don't know any rights or tactics unlike us, or maybe some elderly people, get seriously frightened and stressed to the point of illness by their underhand and unlawful behaviour.

I FILED A CRIMINAL COMPLAINT UNDER THE ADMIN OF JUST. ACTS TODAY, I HAVE AN INCIDENT NUMBER AND THE FRAUD SQUAD WILL BE CALLING TO SEE MY PAPERWORK AND FORMALLY COMPILE MY CASE IN THE NEXT FEW DAYS. I HAVE NAMED THE DIRECTORS AND THE PERSON WHO SIGNED THE ILLEGAL STATUTORY DEMAND AS THE ALLEGED OFFENDERS.

Don't THINK it! Don't SAY it!
DO IT!

There's no point in whining to forums like ours, whining to each other because NOTHING changes unless people DO something!

Council Tax will continue to rise inexorably and disproportionately, until more people get locked up like those brave pensioners.
The illegal TV Tax will never be removed unless like in New Zealand the people take action to remove it.
If you behave like a doormat don't complain when you get covered in footprints.

RAS

LC, can you read this post and maybe contact OP

http://forums.moneysavingexpert.com/showthread.html?p=8902363&posted=1#post8902363

lowellcrooks

RAS wrote: »

LC, can you read this post and maybe contact OP

http://forums.moneysavingexpert.com/showthread.html?p=8902363&posted=1#post8902363

Sorry,am I being a retard here, who/what is 'OP'??
I realize that I'm LC presumably?

plymouthvictim

It just seems that Devon and Cornwall police have not taken be seriously.

plymouthvictim

I have tried to make a criminal complaint to Devon and Cornwall Police today, but they have just not taken it seriously enough.

fatbelly

OP = Original Poster i.e. Big Poodle

lowellcrooks

plymouthvictim wrote: »

I have tried to make a criminal complaint to Devon and Cornwall Police today, but they have just not taken it seriously enough.

I have made mine to Glos. Police and intially they tried telling me it was a 'civil matter' (as I expected as it involves some research on their part)
I have insisted though and I have my incident number and have linked it to PV's log number. The CID guy said "our solictor says they haven't broken any laws mass-mailing SD's blah blah..." ERR..yes! but PLEASE listen carefully I said, it's about timing and the fact that it is a misuse of statute for the purpose of causing alarm and distress to the end of extorting money for an alleged debt which is not legally enforceable,and due to time limits in statute which have been initiated by other actions such as my PROVEN CCA 1974 Request etc. surpassing the 12+2+40 it is technically a CRIMINAL ACT!
I said that the criminal part of the Admin Of Justice Act had been incurred now, and he said if you are being harassed under the 1997 Stalking Act!!!
I said what are you on about, this is NOT about stalking it's about harassment as regards expired civil matters as proscribed in the 1970 AOJ Act!
I could've given up as it was like trying to teach a slug karate, but I persisted and the incident is still open while they 'investigate the laws further'. I continually asked them to examine my documents to compound my allegations and had no willingness to do so on their part, so we'll see if that changes after their 'further consideration'. Yes Lowlife, read this and feel smug, but I will make sure they take it seriously and actually see my proof before trying to fob me off with 'civil matter' rubbish.

rog2

Can anyone actually cite a case, where the creditor/dca has actually faced legal proceedings as a result of committing the crime of not providing the legally required cca within the allotted time-span.
Personally, I think that it is wrong for the Police not to act in a case where the law has been, quite clearly, ignored. It's not that long ago that the Police wouldn't intervene in cases of domestic violence.
I wish you well, lowellcrooks, and feel, strongly, that plymouthvictim must insist that the Devon and Cornwall Police take action. A crime has been committed and reported - what are they afraid of? Perhaps they feel that this could develope into a 'test case' such as the current 'bank charge' case, but this is now a criminal matter and the Police have a duty to press charges, and, so what, if the case goes on for months - it will definitely send out a strong signal to the arrogant element, of the debt collection mafia, that they are not above the law.
I would be inclined to complain to my MP, pv.