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yampy1

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  1. From Thread: "The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back" May be woth noting that I am paying the debt (£5K) of with Arrow at £75 per month as suggested by payplan (2 payments so far). Also I should say that when I contacted the named person at Arrow a couple of weeks back to ask for details to pay electronically (SO) rather than by post, they refused to give me them, saying they'd rather wait until after the hearing.
  2. The assignment info is useful, thanks Lily White. Does this imply that Arrow should produce in court or will they assume that they have already done so. If I cant remember having received one, would asking to see one at court be considered flippant by the Judge?
  3. The original DCA was Optima Legal of Bradford. I have to say that on checkling up/looking through my documents, I cant find an agreement (I assume you mean the original C/Card agreement?) or a notice of assignment. Is it a requirement that they have to undertake for the court? I also cant find the default notice but I think I may have thrown that away (probably a mistake!) Would it be possible for me to ask that Arrow produce these in court and if they cant is that in my favour?
  4. I have a set-aside hearing in a few days, following a (hand delivered) SD for a debt to MBNA of £5K. My application to set-aside is not based on any dispute of the debt ,which is quite recent and I have acknowledged. I have argued for a set-aside on the basis that there is a regular repayment plan in place that is being adhered to, also that here has been no CCJ prior to the SD and hence that the action is unnecessary. Im worried that my arguments are weak and hoping that my presence in court may have some influence. Its a very worrying time. Does anyone have any advice? Thanks all
  5. I have a set-aside hearing in a few days, following a (hand delivered) SD for a debt to MBNA of £5K. My application to set-aside is not based on any dispute of the debt ,which is quite recent and I have acknowledged. I have argued for a set-aside on the basis that there is a regular repayment plan in place that is being adhered to, also that here has been no CCJ prior to the SD and hence that the action is unnecessary. Im worried that my arguments are weak and hoping that my presence in court may have some influence. Its a very worrying time. Does anyone have any advice? THanks all
  6. Hi All, Further to this. I have had the case transferred to my local court and it is due to be heard next week in a scheduled 5 minute hearing before the Judge. Im a bit worried that my grounds for setting aside the (hand delivered) SD as I now think the case I gave in my set-aside documentation was weak. Basically I said that I have an exisiting agreement set up to service the debt at (£6K) at & £75 per month (as agreed with Payplan) and that because I am servicing the debt there is no need for bankruptcy. I also asked that the court note there has been no CCJ, my implication being that Arrow are using the Bankruptcy rules innapropriately (not sure if this angle has any mileage though) Arrow have responded to me and the court by saying that as far as they are concerned there is no agreement, although they have accepted payments and were sent a statement of means by recorded delivery. Does anyone have any advice regarding appearing in court and my grounds for set aside? Five mins is not long and I will need my wits about me. Incidentally I have alreaduy been advised that it would be hard to press for Bankruptcy as I have assets that I am currently realising to pay off my creditirs (house sale) these are greater than the amount owed. Would this impact on my case for setting aside the SD as well? THanks all and as usual thanks to the CAG generally.
  7. Hi Forum. I recently received an extremely threatening letter from a co called Excel Civil Enforcement Agents, saying a warrant had been issued for an unpaid road traffic fine at Northampton County Court and threatening bailiff action in a few days. It mentions an "unpaid road traffic fine" but from the refernce number on the letter I have learned that it refers to a ticket from a local authority car park, apparently for parking my m/cycle in the wrong part of the car park in November 2008. Since Nov 2008 I moved house and I believe any previous correspondence which may have been sent would have gone to the wrong address and not been forwarded to me. I have contacted the local authority who have told me it is too late to appeal with an "Out of Time" form, even though they acknowledge I wouldnt have received notification. I understand that because this relates to a local authority car park, it is construed as "criminal" rather than a civil matter. Is that the case? Looking at the posts on here this seems important because if it was a private company's car park It would be a contractual issue and not as enforceable. My question is, having heard nothing up until now can I contest the £330 "fine" that the Excel Co are demanding, on the basis that I had no knowledge of it. This seems an unreasonably high amount to be charged and I have no doubt that the bulk of the amount consists of "fees" by this company. Any advice gratefully received!
  8. Thanks all for your contributions, I have lodged an application at the C.Court to set aside the Stat Demand (SD) Nothing herd back just yet but I will update when I hear anything.
  9. My question is should I apply direct to Arrow for further details-challenging them under the CCA, or should I be formally applying to the court to have the Statutory Demand set aside, using the Court forms 6.5 and 6.5. Also when using the forms do they both have to be signed by a solicitor or can I just complete them myself and send them in to the court? Maybe I should both write to Arrow AND file the docs to the court??
  10. Like others, I have been served (by hand) a Statutory Notice (under Section 268 of the Insolvency Act) by tArrow (a DCA) in relation to a debt to Virgin C/Card. I would like to apply to have it the statutory demand set aside and from what I have read I would be well advised to issue a request to Arrow under the CCA about charges and the original agreement. My question is should I apply direct to Arrow for further details-challenging them under the CCA, or should I be formally applying to the court to have the Statutory Demand set aside, using the Court forms 6.5 and 6.5. Also when using the forms do they both have to be signed by a solicitor or can I just complete them myself and send them in to the court? Maybe I should both write to Arrow AND file the docs to the court?? I understand that this action is probably a "shot across the bows" by Arrow, but its still significant and worrying. I also understand that the courts are not keen on this gung-ho tactic in the absence of a CCJ, which Arrow have not applied for in this case.
  11. I think it probably was statute barred, Im just wondering whether I can take action in the court to have the Charging Order rescinded after the event.
  12. Unfortunately Im a little late to CAG otherwise I think I could have avoided this. Christopher Pinnion & Co threatened this for a debt to Midland Bank that was disputed from way back in 1998. In their letter to the court they stated: "Following receipt of the above named court order (original CCJ) we confirm that we have contacted the vendor to request copy documentation relating to this account prior to sale to our clients (Phoenix Recoveries) and can advise you that unfortunately the copy of the original agreement is no longer available due to the age of the account being in excess of 12 years old. "The vendor (originally Midland Bank) has informed us that copy statements are no longer available as the acount in question was subject to a Formal Demand Notice being issued some time ago and and consequently the banker customer relationship being terminated" The info above was supplied after I wrote to the CP&Co saying I had no knowledge of this debt. Unfortunateley as the letter was addressed to an old address I did not receive the application CCJ documents in time to act. My question to the forum is is it too late now that a Charging Order has been made. Can I reapply to the courts to have this struck out using the information I now have to hand?
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