Why wait? Don't know really, was under the impression the debt had to be sold on to a DCA, but I suppose you're right, I ought to CCA them and hope they haven't got one. Thanks PGH. canbrilla

Hi, I've received the Court date for the SD set aside, it's 28 May, which is my first day back at work after 2 weeks off! Never mind I'll just have to take a long lunch break as the hearing is at 12.25pm. Hopefully no-one from 1st Credit or their Solicitors will appear. I've not received the CCA from 1st Credit yet and the 12+2 are up on 4 May. On to another debt. I've just received my statement from Halifax for my credit card. I was making reduced payments which stopped in December 2007 and interest charges etc were once again applied. I spoke to them and told them I still couldn't afford the full payment and was told to carry on making my reduced payments, but the account would be 'passed on' in 6 months (and we all know who to). Added to the interest I'm also getting late payment fees because I'm not paying the full amount. Needless to say the debt is increasing in BIG LEAPS of nearly £200 per month. I've just spoken to a man at Halifax who nearly said the account would be passed on to a Debt Collection Agency, but stopped himself before he got the first word out, and said 'passed on' instead. Of course, I knew what he meant and when I do get a letter telling me who the DCA is, I shall CCA it immediately. NO MORE PHONE CALLS TO HALIFAX, OR ANYONE ELSE ABOUT THIS ACCOUNT! I'm so glad I found this site, it's been invaluable and the advice is second to none.

Hi Just a question (or 4) about what happens in Court when I have to go to have the SD set aside. Does the Judge ask you questions? I would presume so, but would much rather he looked at my request and set the SD aside! Is it usual that anyone from 1st Credit or Solicitors attends, or do they chicken out? Is it likely that, because the debt has been CCA'd, the SD will be set aside? Is there anything else, correspondence wise, that I could take to Court with me? Any pointers gratefully accepted. canbrilla

Hi all I've taken in to the Court my application to set aside the SD today. It was lucky that I phoned what I thought was my local Court to ask if it was 18 days or 18 working days. They told me that they were not my local area and I would have to go to another town. Day 18 is next Tuesday. Luckily I'm not at work today so I took it in and had it checked. Just waiting for a Court date now. canbrilla

Seems like babybear.

Thanks babybear, that clears the fog that 1st Credit are spewing out. canbrilla

Hi MrCollio Thanks for your reply. I understand from your letter that you waited until the 12/30 days were up before you applied for a set aside. I don't want to wait that long in case they do come up with a valid CCA. Don't see why they should, BUT, I don't want to risk it. My situation differs from yours slightly as I did receive a default notice from Citi. I also don't know yet if there were any unlawful penalty charges I can apply to get removed and they want £10 for this info. As if. Anyway, I feel I need to do all I can, as soon as I can, to stop them in their tracks. :grin: canbrilla

Just had a letter back from 1st Credit in response to my request of a CCA. It was the usual standard letter about how it'll take 6 to 8 weeks, £10 for copy statements etc. I'm just going to ignore them now until they come up with something, or don't, as the case may be. That's me, sticking my tongue out to them, childish I know, but it's what I feel like doing. I'm taking my set aside documents into the Court on Monday and hope they take pity on me!! Will let you know what happens. Thanks to all who replied to me with great information which has helped me a lot. canbrilla

Many thanks Babybear, I'll certainly do that. canbrilla

Thanks Icepop, I'll look for them. canbrilla

Hi Icepop, when I received the SD I wasn't aware of what I could do so phoned 1st Credit requesting that I be allowed to pay monthly. They insisted I pay the full amount or else. Told them I couldn't, they asked me to ask family or friends for the money, said I would, with no intention of doing that. On researching SD's and what I could do I found this forum. Now I've requested a CCA and am going to try to get the SD set aside. I didn't even think about challenging any charges Citi may have put on the account, but am going to see if I can find any info so that I can go forward with this. canbrilla

Thanks rory, I'll do that. canbrilla

Thanks for that PV. The SD was sent by 2nd class post. I will do as you suggest and hope that will do the trick. Although the SD does not state a particular Court, is it okay to just go to a local one? canbrilla

See what you mean rory but I don't know if I can find those statements, it is quite a while ago that Citi accepted reduced payments, but I will look. Thanks.

Unfortunately, it doesn't look as though they've put any charges on, so I don't really know what to do next. Do I contact the named person on the Statutory Demand and let him know I've sent a request for a CCA or wait and see what happens next. I don't want to jeopardise my house.

I'll have to look back on my last statement from Citi and see if there's any difference although I'm sure when I looked yesterday the amount was the same.

Hi all, Thanks for your replies. rory, I received a default notice from CitiCards but I certainly don't remember a notice of assignment and I received a letter from their in-house Solicitors telling me that they MAY issue a Statutory Demand or a Final Charging Order, I don't think they could make their minds up which to go for. However, I will look for any other correspondence from them. That letter also said that if I couldn't pay in full I must contact 1st Credit. Pointless waste of time, they only want the full amount and wouldn't even discuss monthly payments. The letter from 1st Credit with the Statutory Demand said that I had chosen not to contact them following the letter from LCS Solicitors and that I haven't paid the debt nor made acceptable arrangements for repayment. What is acceptable to them is not acceptable to me. I'll try for a set aside but I don't know on what grounds I'd be able to do that, I don't seem to fit any of them! I have the forms to set aside the Statutory Demand, is there any cost to this, but do I really need to send them if I've already sent a CCA request? Does that not put the debt in dispute so that they can't do anything? There again I suppose if they do come up with the CCA then they could go ahead. canbrilla

rory, It's a pity then that more debtors don't know about requesting CCA's, I certainly didn't have a clue. I thought that I either had to pay up, which i can't do in a lump sum, or face bankruptcy and maybe lose my home, which I would have fought against. It's disgraceful the way the DCA's staff speak to and treat people. If that's the training they're given, then they ought to be ashamed of themselves for keeping the job. If they ever find themselves in the position of not being able to pay their debts, then I hope they get a taste of their own medicine!! Rant over.

Hi martin I suppose I have admitted the debt as I've spoken to them on the phone a few times, but that was before I found this forum. I was unsure before where I stood legally, what they could or couldn't do. They have asked me three times now if I can get the money from elsewhere, friends, relatives etc. I think that's not fair practice, would it not be fraud if I applied for a loan to cover this debt and said that I could afford to pay it back? I've said I would look into it, but actually had no intention of doing anything of the sort. They asked me again last week, this after I had received the Statutory Demand, said they would give me 7 days and would I phone them back. I will not speak to them again. If they ring, as I suspect they will, then I will tell them that a CCA request has been sent and to contact me only by letter. I don't dispute that I owe the money, just not to them. Hope that they can't prove they do own it. They are just parasites (is that too strong a description, no I think not) feeding off the misery of others. Anyway they won't get me down, I'm made of sterner stuff and now that I've found this forum I'm even more determined not to cave in to their demands. canbrilla

Thanks for that rory, it explains a lot. I wasn't sure how long people had been requested CCA's, but it seems that it's not so long. That's put everything into perspective. canbrilla

Hi Just a thought. As people on this forum have been asking DCA's for CCA's for quite some time now, it seems odd that the DCA's have not twigged and made sure that they have the necessary paperwork in place before contacting debtors regarding the debt they say they, the DCA's, have bought? Or am I crediting them with a modicum of sense? Or is it that they hope that not many, if any, debtors know that they are entitled to ask for and receive the CCA? It seems so strange to me that they still continue to NOT have the CCA's. Better for us tho'! I hope that they don't have mine, but it would be just my luck that they produce it!! canbrilla

Hi Lex Many thanks for your reply. Yes, I understand about the 12 days etc, but just wondered if, because they'd already issued a Statutory Demand, it would make any difference. Of course if they ignored my request for the CCA they could just go ahead with following up on their threat to file for bankruptcy, but I suppose that would be against the law, wouldn't it? I'm not really worried, because if it came to the crunch I would just put my case before the Court and let them deal with it as they see fit. I will keep you posted on the outcome. canbrilla

Hi all I've typed out, and will send, a letter asking for the CCA from 1st Credit, after having received a Statutory Demand from them. That being the case, bearing in mind that I only have 18/21 days before they say they will take more action, am I right in thinking that I need not do anything else until I receive the CCA and that they are not entitled to take any further action against me, like enforcing the Statutory Demand, as I've put the account in dispute, until they send me the information I've asked for? Look forward to your replies. canbrilla;)

Thanks to you both, I'll take care not to sign the letter and make sure I send a postal order. I'll take a look at the thread you mention Lex. canbrilla

Thanks Lex I've been reading some of the threads on here and found them most helpful. I'm going to write to 1st Credit and ask for the CCA and the Deed of Assignment. Is it £1 I have to send them for this information? canbrilla