How about the song "Welcome Home" by Peters and Lee for BB?

I think it's seen as an abuse of process if they go straight to issuing an SD? also seen as vexatious?

Hello again,

You should fill in a) & d) with the name of the company who have issued the SD, so IMO that would be Connaught Collections.

Grounds for the set aside would be that:

1) The SD was not served correctly... i.e. by 2nd class post not requiring a signature... they should at least attempt to serve it in person.

2) Your son does not acknowledge the debt or is unclear as to how the figure claimed has been calculated.

3) That he has requested a CCA from CC but been told the file is closed (which does not clarify the situation)

4) He has now requested further information from 1st Credit in the form of a CCA in order to establish the debt is enforcable

All advice given here is from my own, very recent, experience. My set aside hearing is next week.

My thread is here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134225-advice-please-sd-received.html

Hope this helps but obviously others may be along to offer other opinions.

Send this to them:

Dear Sir/Madam

Re:− Account/Reference Number XXXXXXX

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.

We understand a copy of our credit agreement, statement of account and deed of assignment should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Mr A N Other

Amend to your needs, enclose the £1 payment as a postal order keeping a note of the serial number to check if they cash it, send via recorded delivery and keep a copy of everything. DO NOT SIGN any letters, print your name.

Hi,

First of all DO NOT PHONE THESE PEOPLE... EVER!!!

Yes, send them a CCA request and make them prove that they have a right to take your money.

There are ways to complain about DCAs behaviour but you must follow the rules and timescales.

Ask for the CCA and then they have 12 days to comply (plus 2 for postage) and then a further 30 calendar days to produce it, if they fail to produce and then demand payment then they have commited a summary offence and you can start to complain to the powers that be.

Hope this helps....

Hi,

Welcome to CAG... you're in the right place for support and great advice!

Item a)=alleged creditor

Item d)=alleged creditor

Item e)=Your address

No...no need for a solicitor

Local County Court is where you go to swear an affidavit... a Court Clerk will help you and you swear the affidavit in front of them, not a judge.

There is no fee to apply for the SD set aside.

It is NOT a scary thing to do...the court clerk was really helpful and reassuring.

The Date and Time section is filled in by the County Court... they will keep the form 6.4, fill in the date and then post it back out to you.

Hope this helps... keep us posted.

Hi HAK,

No, just the doc I posted.

The doc says 'T&C overleaf' but it's blank on the back.

Hi,

First of all welcome to CAG and be assured that you'll get lots of support and good advice here.

NEVER EVER SPEAK TO THESE PEOPLE ON THE PHONE!!!

Lowell specialise in Statute Barred or almost Statute Barred debts (those debts which are over or almost over the 6 year limit).

Wait until they contact your friend again and then post up the contents of their threatogram, whoops, I meant letter!!!

This first letter is a phishing exercise to get information in order that they can begin harassing for a debt they already know is unenforcable.

Thanx so much for the speedy, and may I add, very thorough reply!

We sort of guessed as much but it's nice to get it confirmed by someone with more experience.

Thanx again.

PossVox

(p.s. I'll tip your scales in a minute or 2!)

Hi all,

My OH received this document in response to a CCA request:

Could someone kindly advise if it's enforcable or not please?

No T&C's overleaf as it's a single sided document.

A statement of payments was also recieved in the form of computer printouts with OH's name on but not on headed paper.

Thanks, PossVox

Hi,

NEVER SPEAK TO THEM ON THE PHONE!!!

as far as I'm aware, bailiffs cannot be sent unless you have been given a CCJ and then failed to pay it.

Have you checked that your previous letters to them were actually delivered?

I, personally, would ignore this letter from them and see what they have to say next. You haven't set any payment plan up yet so sit tight for their response to your CCA request.

If they don't produce it within the 12+2 day deadline then you can withold any further payment and they cannot take any court action against you.

They have 12+2 days to comply with your CCA request so, if I were you, I'd sit it out and see what they come up with.

DON'T SPEAK TO THEM ON THE PHONE!

Remember, it's YOU who's in control of the situation now!

I would CCA them anyway.

 

I did this. The original creditor sent me the CCA.

When it got passed to 2 different DCA's at the same time,

the DCA's couldn't produce one. So I have a feeling the

agreement didn't get put back in the right place, and now

it's gone missing. So well worth a try.

 

With DCA's, show them who's boss from the start, and make it

as hard as possible for them to get any money off you.

You had to work hard to get it, and so should they.

Fuzzybobble,

That is one of the best quotes I've ever seen on CAG! We all work hard to make a living... we don't bully, lie and intimidate to make a living... it's HARD EARNED CASH!

Good for you!

Subscribing...

Hi,

Just send the letter as advised as it up to THEM to prove you owe them money not for YOU to prove you don't.

When you get a response from them, post again and you'll get more sound advice as to your next move.

DO NOT SPEAK TO THEM ON THE PHONE...EVER!!!

Hi,

Wait until the 12+2 days is up and then send the letter recorded delivery to be signed for.

Haha!!!

Phew, had me going then for a few minutes! My brain is obviously still in March!

Happy 1st of April to all fellow CAGgers!

Thanks for the info forumreg,

I'll do my sums!

Hi possvox i have posted the letter up on my posts have a look what do you think?

Hi,

Just read the letter, talk about 1-way-traffic!!!???

They obviously just churn junk mails out 24/7 and don't bother to read ANYTHING that comes in to their threat centre!!!

This is what makes me so ANGRY:evil: about the Leeds Losers!!!

GRRRRRRR!!!

Anyway, we'll see them off me and you, just like forumreg and ODC and the rest!

Will do:) received letter today off red i suppose thats the next thing ,what next? i caint wait for the day i get them off my back

Me neither! Haha!

They're really winding me up!

If you don't mind me asking, what did their letter say? Was it a standard threatening type?

They sent me one saying I'd ignored the Statutory Demand even though they've been notified of the set aside hearing and I CCA'd them and they haven't had the courtesy to acknowledge either!!!

Nice one!

Kick 'em where it hurts!

Congratulations!

My turn next!

Thats great news:) i hope i can get a good result

Hi marjie!

Fingers crossed for you!

I'm sure all will be well...

Keep me posted please and I'll do the same!

Possvox...don't forget to claim back your costs (write them on a separate sheet of paper to present them to the judge !!!! 2 hours consultation with a solicitor @ £150 per hour !!! + postage !!!! my feeling is Red won't turn up !!! even if they did you have a watertight case as it stands....!!!

I would love to hit Lowell where it HURTS... in other words, their wallet... but I've only consulted CAG and no need for a brief!

Would I be able to claim for costs of postage, stress caused to me and mine etc.?

Any costs awarded go directly to another CAG donation...

Hi ForumReg!

Thanks for the update and WHAT FANTASTIC NEWS!!!

:D:D

WELL DONE!!!

I'm so pleased you've got a result

I'll let you know what happens with me next week

(The same result I hope!!!)