All of their letters are sent out by a computer so don't worry, just keep copies of all the stuff they send you. The only signed letter we had from Moorcroft was one when they passed the account back to creditor due to lack of agreement!!

Go and have a look in the legal issues section. Thete are some very good post on SD's I am in the same boat and have decided to swear in a set aside. You could ignore it and claim that you never received it and the Insolvency Regulations are very clear about how one should be served i.e by hand. Going by the current court fees and all other associated expenses, it will cost a creditor about £1,200 to petition for your Bankruptcy and then they lose all control of the debt, the Official Receiver then gets control and he's paid before anyone else is! Ask yourself, why would a creditor want that?

Hi there, My thread is just under yours with a similar title. I'm amazed that they SD'd you even though you're on a DMP. Unbelievable aren't they. I'm preparing a formal complaint to the OFT re this firm and will make one through the FOS too. Copies will be sent to my local MP and Alistair Darling too. Did you get the set aside hearing transfered to your local court? How did you inform 1st crud where you wanted the hearing to be heard?

Sent off the CCA request Ist class recorder delivery today. Should this be sufficient to give the alleged debt disputed status for the purpose of a set-aside. It might alos be worth submitting a SAR for the account because 1st crud have not provided a breakdown of the debt in terms of charges and the like.

So, what do I do here then? I have a CCA request prepared and have not made any mention of SD receipt - it's just a plain and simple CCA request - send it or not send it? With reference to showing evidence of my negative equity, presumably this should be sent without prejudice along with why haven't I heard from you? Should I also outline my total debt? In the scheme of things 1st Crud are way down the list and if they petitioned for BK they would end up with nothing. I am in a position to pay about or just over 50% of the claimed debt. Would it be wise to send such an offer without prejudice?

Right, thanks for the help so far. The debt is a 'Goldfish' credit card. The last payment was made via Giro Slip at the bottom of the statement sent out to me - last payment was probably paid about 2 months ago. When 1st started writing I asked them to confirm their status ect because I hadn't received anything from the previous handler that they were acting. They have ignored all written correspondence and sent out the usual 'stop ignoring us, call us' letters. There is no breakdown of costs or charges so I don't know. Questions: Is the issue of a CCA request after the receipt of the SD fatal to the process in terms of potential set aside? Would the matter necessarily be heard at my local county court or would I hav to travel to where they issue? Property is motgaged to the tune of £155,000 - had a valuation of £138,00. Is it worth pointing this out to them. If the process goes to court and they do turn up, would a time order be granted should I be able to raise the finances within a couples of months? Would this be allowed if it prejudiced the interests of other creditors even though they did not form part of the process at that point. Many thanks guys.

Bump

Today I received a stat demand from 1st Credit. It's with a letter saying please contact us to avoid the bankruptcy. To date I have sent them many letter asking for details of their bank so I can set up a direct debit payment schedule in line with pro-rata offers to other creditors. They have ignored all these letter and them claimed that I have ignored them. The so-called stat demand is not on any formal court papers. It just appears to be an extention on the letter itself with a variety of formal statements. To date I have not CCA'd them. Should I now send the CCA request off as a matter of urgency? Thay have asked me to call them to find out which court the SD will be served in. Should I make them a full and final offer? This would be to the detriment of the other creditors however. Will scan the paperwork in and post it on here.

What worries me and the various debt charities a bit now is this new courts enforcements bill that the hypocritical and opinionated Harriet Harman mentioned in the commons. Her argument was that bailiff law was far too complex. So their response? Blanket increasing of powers! - way to go new labour!!! There is also great concern that the safeguards surrounding this have not been given sufficient parlimentary time. It's just a case of watch this space. From my professional experience bailiff are no better than rougue vehicle clampers and the like. But hey, it's an industry that essentially collects its own wages for goodness sake - there are bound to be problems.

It will be the usual story of DCA's blagging and bullying people into preferrential treatment of creditors and all that. There will be the awful tales of people driven to suicide by the institutions that may as well be run by gangsters! If the couple that have had debt written off due to a 'loophole' to quote the BBC then I forsee a deluge of CCA requests to bank tomorow - not sure it that is a good or bad thing really?! Funny how what I assume will be essential case law being refered to as a loophole.

Contrary to what they'll tell you, they don't have a power of entry for council tax arrears. The only time a bialiff has a power of entry if for Magistrates Court Fines and some Inland Revenue related stuff but they need a special warrant for that. UNDER NO CIRCUMSTANCES SHOULD YOU OPEN THE DOOR TO THEM. They will try and barge past you in order to gain entry because when they're in they will claim 'peaceable access' has been obtained which then gives them powers of entry on future visits. They are not allowed to force their way in. If they door. Call the police and inform them that a bailiff, without a power of entry, has assualted you to gain access to your property. They are also notorious for blagging plod when they arrive and will try and misrepresent their powers to the cops who are their only to prevent a breach of the peace - the police are not there to assist debt collectors! The stated case they carry around is R - v - Bibby where a bailiff was arrested to prevent a further breach of the peace. The point with this case is that previous peaceable access had been obtained by the bailiff previously. If they push past you to get in the first time then that stated case is redundant!

Yes, don't worry about it. I have been corresponding with them and they still send me letters that I have been ignoring them!! Written response is not in their business model. They want to be able to harrass on the phone and get you to get your switch card out. You'll find it will be passed on to the likes of Scottcall and then possibly Moorcroft next. Stick to your guns! Just had a letter of discontinuance from Moorcroft following failure to provide a CCA for an alleged £7,900 card debt!

Will try and phone them first. Will keep you posted.

From my own experience if they're offering a reduced final settlement, they might not have the agreement. Looks like you're in a good position here. If no valid CCA, thehn it can't be enforced. Very unlikely they'd go to court.

It's Manchester City Council. The Bailff company is Marstons. How on earth they can claim that 'two previous letters' bring the bill (without a visit from them) comes to £450.00 is beyond me! As far as I am aware the council did not oppose the out of time stat declaration. However, it does say on the attached paperwork that they don't have to give reasons for a refusal so it may have been opposed. I am willing to pay the initial £30 but there's no way I am paying a bailiff company £450 - this makes my blood boil!! Part of my defence is that out youngest child has Autistic Spectrum Disorder and part of his condition is that he hides stuff all over the house, this has, in the past, included mail unfortunately. So, I'll be submitting that he may have pinched the relevant post. I can provide doumentary evidence to support this. This is what I intend to post on the form. Cheers

In relation to a PCN where the first I knew of it was when a letter (claiming they had already written 3 times) from a bailiff company arrived claiming I owed them £450.00 I submitted an 'out of time' stat declaration and had my signature witnessed by the court office. This application was refused by some bod in Northampton and they have now sent me a form N244 saying that I can appeal the matter in the local courts before a district judge. What's the best way to fill in the form in terms of the supporting information section? Should the judge 'say no' will I be saddled with costs? Do the council attend or is it just me and the judge? Many thanks

Sounds like you've been fobbed off there, big time. Forward the circs to the relevant constabulary/force Professional Standards department and state that you want to make a formal 'complaint against police' for neglet of duty. What you have described is a straight forward fraud!!!

AAAAArghhhhhh!!!!!!! Don't FFS send them ANY FORM OF SIGNATURE! You're right it is a trick. Up to now they haven't requested one have they.

Dare say PT will be the one to advise here but surely in the absence of any compliant CCA, given the case law, you have a good case for getting the case thrown out too. Send them a list of cost too.

Under no circumstances should you provide them with a signature. Wouldn't put it past them to try and 'create' a valid CCA, since it seems like they haven't got one. Write to the effect that they've been happy corresponding with you so far, on sensitive matters, and they haven't asked for a signature yet. There is a template letter on this site somewhere. Stick to your guns!!!! If they provide a valid CCA then fair enough, come to a payment arrangement. If they send you anything that they claim is a valid CCA, scan it and get it up on here for advice, pronto. You can get a scanner from Tescos for £35, if you haven't already got one. They are bullies and to them it's just business, they don't give a sh*t and will ride a coach and horses through the regs/guidlines as and when it suits them. Forget about all the moralistic stuff about paying back what you owe and all that. They loan out unsecured funds with very high interest rates as a speculative business venture. Even given the 'crunch, they are still raking in billions!

Great stuff. A friend of mine defended himself in court and as a litigant in person you'd assume the advantage would sit with the 'professionals'. However, they didn't have the correct documentation and they tried to blag the judge, which he saw through. It was hilarious. I was there as his Mckenzie friend - take one of these if you can, you're allowed to.

Thanks guys, a bit green on here. Learning loads though!!!

Been making pro-rata payments and some of the creditors are asking for mortgage statements, payslips and other proof of income. Similarly, they are challenging the amounts worked out for essential expenditure even though these were worked out with the CCCS. What should I disclose and what should I not disclose? Am I legally obliged to disclose anything? Presumably, at the court stage I would anyway. Many thanks.

Doesn't look they'll have it. They may, at some point though, go down the intimidation route and ingnore all references to the agreement and just lodge papers for court or even stat demand with a view to bullying you into paying. Other more experienced on here will be better placed to advise you as, if and when that happens.

[link rermoved because of personal details being visible - please remove these before re-instating link] Got the above from HFC bank. Can they charge me for issuing a Default Notice? Many thanks.