Yes, get the CCA request off as soon as possible and give the debt disputed status. So even though you were not sucessful with your set aside 1st Crud did not formally petition for Bankruptcy? Looks like they sold it on instead. Look at it this way, Bankruptcy is expensive for both debtors and creditors. If the creditor petitions then they have to front fees approaching £1,200. Purely from a business point of view, they need to be damn sure that not only will they get the petition costs back but they'll cover all other costs to date and recover most of the principal debt. Your house would need to have some considerable equity, that THEY KNOW OF, for it to be worth petitioning and then there may be other creditors too - they'll all be paid pro-rata from what's left and that may not be much at all - so, a risky strategy! Not only that, house prices are falling like stones and that it a matter of national comment. I had an interview with a specialist insolvency solicitor who said that in simple consumer debt cases bankrupt individuals were being discharged after as little as three to four months - contrary to what the scaremongers (people who have a vested interest in ****ting you up, for pleasure or gain) say, it's not automatic that you will lose your property or otherwise be forced to sell it. If it's not an asset then the official receiver will not be interested. A mate of mine, who works for a firm of solicitors, recently prepared a stat demand for service and I asked him if the firm was going to go through with it he replied: "no way, it's far too expensive!" He also commented that creditors lose control of the debt and they're not allowed to contact the debtor - is this why in the states they call it bankruptcy protection? Stat demands often tend to be a good way of bluffing people and getting them on the phone crying - then you can get your claws into them and get them to mortgage their gran to get your cash. You could always get a debtor's petition pack, complete it and send them a copy. Kind of like putting a gun to your own head and saying come any closer and I'll shoot.

Way to go!!! This has got DISCONTINUE written all over it. They have, in all probability, issued the claim with the intention of scare tactics and also in the hope that you won't defend and they get judgement by default. As soon as you show that you have a backbone and know a bit about the law, more soecifically some of the CPR and Consumer Credit Act then they will cave in.

I had a 'claim form' from via Northampton bulk issue centre and the POC were a joke - even allowing for the restrictions of the bulk issue centre. All they put on the form was 'And the claimaint cliams £XX,XXX' no refernce to any account number, agreement, agreement date, default dates etc. I would imagine that in a great deal of cases they issue the cliams with a hope that the debtor will do nothing and they, therefore, get judgement in default.

Nothing to indicate or refer to anything on the back that may be t&c's? What was the alleged commencement date of the agreement?

Re scan wit a higher resolution and use photobucket?

That's much better. It's unbelievable that these DCA's and 'rent a solicitors' can and do get away with what they do. Their abuse of the various processes/guidlines is pretty much tantamount to fraud. The governemnt needs to make sure that these companies are better regulated. Hey, one way would be a three strikes (substantiated complaints re gross abuse of process) and you lose your consumer credit licence.

Can someone help with a 'formula' for litigant in person costs for this type of matter? Or a link to an informative thread? I intend to fax the court the day before with my costs application/breakdown. TA

What a wonderful site this is. How fed up will Carters be if every time they get 'googled' it refers them to this site, awww!

Is it now appropriate to update this to a won? Got a letter from the in-house slicitors saying that since they can't find the paperwork they won't be opposing the set aside. They have also noted the comments on the set aside application and agree that the appropriate place to resolve disputed debts is the County Court system. Also, they don't want costs awarded against them and don't want to waste the courts time!!! Why issue it then. Can I still go for costs? How do I now do this? Can I turn up to the hearing and claim them? How much? Ta all, could not have done it without your help. Love you all. PS: Please write the documents in YOUR OWN STYLE and do not lift straight from the site, however tempting. If they see that it is a direct lift then they'll probably attend.

Ignore the date on the actual SD. If they can't be bothered to issue them properly then you have some deserved latitude when it comes to when you say you got it. Just for your info, it cost them roughly £1,200 to petition for your Bankruptcy. What they really want is for you to get on the phone, preferably crying, so they can bully you into paying far more than you're able to (they don't care), admit the debt fully on tape (thy will be recording) and thay also don't give a monkeys about you showing them preference over other creditors.

i recently (8 dec 2008 ) received a Stat Demand from Connaught for over £2k. OK, so in theory you have to get the set aside application in by this Friday but from what you've said they have arrived via conventional post rather than in person via a process server and all that? Let's get this straight, have you received two SD's? One from Connaught and the other from 1st Crud? On that basis (they will not have proof to the contrary) you could say it turned up a bit later if you like. 1st Crud virtually always send theirs out ordinary post which is a flagrant breach of the insolvency rules, but hey, no one in government seems to give a sh*t so they will, like the rest of the industry, abuse the process with regularity. OK, get the CCA request off now and send it guaranteed/special delivery. Keep a record of the post number so you can check on the Royal Mail website that it's been signed for. Download the set aside forms from the Insolvency Service website and start drafting what you are going to write. Google it to get the address. DO NOT cut/copy/paste sections of previous posts from here. Recently 1st Crud (or their representatives) turned up for a hearing and went onto the Judge about how people were lifting, verbatim, sections from these 'pesky consumer type forums' and unfortunately the Judge accepted their argument -what difference it makes where you do your research is beyond me but there you go. Are you aware if any illegal charges are being ot have been added? If so you can dispute them and hence the account itself. I dare say 42man will be able to offer more guidance but all the case law is on here so do you research and put the set aside in your own words. Keep us updated.

So what avenues are there now for roofer?

You need to scan it, cover up your personal details, and then link it to this forum. Photobucket is a good site to use.

What the F***k! How can this have happened? Is there any avenue of appeal against the Judges decision? This sounds like a very worrying turn of events.

Sorry, might have missed it. Is there a copy of the alleged CCA up here somewhere? We all really need to see if it is a compliant executed agreement or not. MBNA sent me a tear off slip with my signature on it, theirs was missing and it was titled 'APPLiCATION FORM'. I know that under certain circumstances they can enforce application forms but they attached the current terms and conditions and not the ones from when the agreement started. Be warned, they are known to be very creative with their photocopying! Get that agreement up here!

You guys are all stars, thanks. Sent the docs to a friend of mine who's training in a solicitors office as a debt specialist. He also agrees that what they've sent is no more than an applocation form. Will keep you updated.

Does anyone have, or can direct me to, a good knob off letter for circs such as these?

Had a reply yet Chicken? They have sent me similar.

Other points. Where is their signature? All that they have sent me would not fit on 1 sheet of paper. Since when has a credit limit been placed on an application form? Surely, thet determine that when and if your application is successful?

Sorry, can you explain re the above? Are you say that they have posted/sent me current T&C's? The section with signatures on does look to be somewhat separate from the rest of the document - or am I being overly optimistic?

Bump

Try again, sorry.

The above might come out a bit small, will try again. http://i305.photobucket.com/albums/nn205/bladeboy2041/scan0001-1.gif

Received, via Cabot, a 'copy' of my CCA. On the page where the signatures are I notice that I have signed in two boxes, they [creditor] don't appear to have signed anywhere at all. There is also a bar-code type stamp and under it, on all the pages, is the text 'APPLICATION FORM'. Not sure if that's significant. The purported terms and conditions appear to be on seperate pieces of paper and are also attached via photobucket. They also sent a load of statement type documents through that seem to be just that - statements but the list is not complete. Any ideas anyone?

Does the invalid default notice result in non-enforceable? Should I tell them this, or hang on to it?