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Statutory demand from first credit

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  • #16
    Re: Statutory demand from first credit

    Originally posted by Sindy View Post
    I’m going to send request due the agreement tomorrow. I’ve not asked for one previously & Halifax have never given this to me. I can’t remember how I opened the card. So you’re saying that I can’t request for the demand to be set aside on the basis of not having been given a credit agreement?
    No I'm not saying that.

    I'm trying to establish whether you currently have a bona fide dispute or whether you'll be relying on non compliance of a CCA Request which you haven't yet sent.

    Send it tomorrow.

    And then send a Subject Access Request to the original creditor (Halifax) to see the full history of the account. The Transaction Log may help you with dates/facts surrounding the Default Notice (if there was one served) etc. etc.

    It's always good to have more than one legal argument when you go into battle

    Statutory Demands are serious stuff. Downloading a form off the internet may not be enough to succeed with an application especially if the other side has legal representation (that's why I asked you if 1st Credit had instructed solicitors).

    Di

    Comment


    • #17
      Re: Statutory demand from first credit

      They haven’t instructed solicitors & I don’t have an ongoing dispute with them or Halifax. I’ll send the CCA request tomorrow & also send Halifax a subject access request. The reason I asked about the forms is that I approached national debtline & they advised to request the demand be set aside. They sent me various links & I can’t make sense if the paperwork needed to apply for a set aside. Is it form N422? And do I need a witness statement with this? Is there a fee that I have to send with it?

      Comment


      • #18
        Re: Statutory demand from first credit

        Originally posted by Sindy View Post
        I don’t have an ongoing dispute with them or Halifax. I’ll send the CCA request tomorrow & also send Halifax a subject access request.
        The reason I asked when (what year) you opened the account was to speculate on the likelihood of 1st Credit being able to comply with your CCA Request and what legislation you'd be relying on in court if they don't comply and/or produce a reconstituted document.

        Could you have opened the account before 2007?

        If they withdraw the SD, or consent to the set aside then there won't need to be a Hearing. If they don't agree to do either (withdraw or consent) then there will be a court Hearing.

        Di

        Comment


        • #19
          Re: Statutory demand from first credit

          It was definitely opened before 2007.

          - - - Updated - - -

          How/why would they withdraw?

          Comment


          • #20
            Re: Statutory demand from first credit

            ive Had letter a letter from 1st credit legal dept today stating they have withdrawn the demand. I sent them a subject access request last week and they said they are looking into this and have withdrawn as there is now a dispute. They have said they have passed the SAR to the relevant dept to deal with.

            Comment


            • #21
              Re: Statutory demand from first credit

              Originally posted by Sindy View Post
              ive Had letter a letter from 1st credit legal dept today stating they have withdrawn the demand. I sent them a subject access request last week and they said they are looking into this and have withdrawn as there is now a dispute. They have said they have passed the SAR to the relevant dept to deal with.
              What great news!

              However, you must still send them (First Credit) a formal s 77-79 CCA Request with a £1 postal order for the statutory fee because that will give you some legal protection whereas a Subject Access Request won't (it's just for information purpose).

              You also need to send a Subject Access Request to Halifax as I previously suggested because that will give you the full history of the account from inception. The SAR to 1st Credit will only produce the information which they have on file since it was assigned to them.

              They have withdrawn the SD so if they intend to issue a county court claim instead then they must send you a formal Letter Before Claim under the new Pre Action Protocol.

              You are no longer under pressure to settle especially if they can't/don't comply with your CCA Request.

              It's always better to negotiate from a position of strength.

              Di

              Comment


              • #22
                Re: Statutory demand from first credit

                Thank you! I appreciate your advice.
                I have sent the CCA request to them today & will definitely send the SAR to Halifax.

                Thanks again!

                Comment


                • #23
                  Re: Statutory demand from first credit

                  Originally posted by Sindy View Post
                  Thank you! I appreciate your advice.
                  I have sent the CCA request to them today & will definitely send the SAR to Halifax.

                  Thanks again!
                  You're welcome.

                  I'm just happy for you that the Statutory Demand has gone away!

                  Di

                  Comment


                  • #24
                    Re: Statutory demand from first credit

                    Originally posted by Sindy View Post
                    Thankyou.

                    ive received a few letters before the demand asking for contact & threatening bankruptcy. I was very stupid in ignoring them.
                    i have been told that if I send a cheque to them so long as my covering letter states clearly that if they bank the cheque they have accepted it a settelememt. Apparently you can accept by ‘action’ it doesn’t have to be written by them?
                    What are the chances of having the demand set aside?
                    Had you wanted to proceed down that route then any payment offer would need to be made by a third party such as Mum, dad, brother, friend etc.

                    For a contract to be binding there must be an offer, acceptance and consideration ( payment or an action to your detriment).

                    1st Credit would not be bound if the offer & cheque came from you as although there would be offer ( from you) and possibly acceptance (by cashing cheque) there would be no consideration as you owe the money (and more). If a third party offer is made then as the third party does not owe 1st Credit any money if their cheque was accepted then that would be ‘ good consideration’ and more likely to be upheld by the courts.

                    Good news on the withdrawal of the SD

                    Comment

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