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Everything posted by ElevatorFour

  1. SD was set aside today. Unfortunately, due to problems with traffic in central London, I was late for my 15 minute slot and arrived after the judgment was made. I didn't get costs, which annoys me as I have had to go into town twice over this nonsense. Oh well...at least the SD was set aside. Connaught said they'd referred the matter back to 1st Credit, so is there something I should do now? I am now certain that the debt is statute barred, so it's not as if any of them can do a thing about it now - however, I don't want to have to keep dealing with this repeatedly when they sell it on to another DCA. Cheers to everyone for their help!
  2. I'm definitely going to the court hearing as I don't trust Connaught. Plus I still have no confirmation that the debt is statute barred. I'll claim expenses, whether I get them remains to be seen.
  3. Just a brief update. Received a letter from Connaught this morning stating that they have written to the court to advise that they are willing to withdraw the SD on the grounds that it's a disputed matter (no mention of the fact that it's statute barred!). They also stated it's not their intention to attend the hearing. They have closed the file and returned it to 1st Credit, who they say are the assignees of the debt (no notification received of such by me). They claim that they and 1st Credit were not aware the debt was in dispute. Does anyone know if the court will cancel my hearing on the basis that Connaught won't be attending and are willing to withdraw the SD? I want to attend court and have it set aside, since the process has been started, plus I want to claim my costs. Plus, I don't trust this company, or 1st Credit who will now no doubt simply try to sell the debt on elsewhere. I want confirmation that the debt is statute barred - do I ask 1st Credit to provide me with any proof at this stage, or wait until after the hearing (in a couple of weeks)?
  4. Thanks Danni. Good luck with your hearing tomorrow...look forward to hearing how you got on.
  5. Thank you Nicklea. I just had no clue what to expect and whether I needed to prepare anything further. It's a long wait until the court date. I'll prepare an expenses sheet at some stage...will I literally only be expected to repeat what was already said on the application? I don't have any other paperwork, apart from the letters I mentioned in my initial post, and of course previous statements of account.
  6. I have had no contact with this DCA at all, beyond receipt of the SD and the consequent letter I referred to on Saturday. Is there anyone with any answers to the questions I asked? 1) What do I do next? 2) What is the court process for this next step? Thanks.
  7. What I don't understand is, why would the court waste its time having a hearing for a case that it plans to set aside, when it could be set aside on the basis that it is statute barred (which I believe it to be) without any attendance from anyone? Also still need to know what I do next.
  8. Update: I called the court this morning, and they said that there is a hearing set for July, a "15 minute slot". What do I do next? And what is the court process for this next step? Cheers
  9. Jenny, it might be an idea to start your own thread and ask questions there. People are really helpful here, but it seems to make sense to keep to one thread to ask your questions about your own situation.
  10. Thanks Nicklea for such a quick response. I will call the court on Monday, until then there's nothing I can do, so will try to enjoy my weekend as usual.
  11. Hello again I got a letter from Connaught today telling me that they are now in a position to present a Bankruptcy Petition against me. The letter states that as I have chosen to "either ignore the SD or demonstrate an ability to pay the sum claimed, you leave us with little alternative other than to present a Petition". When I filed my SD set aside at the court, they told me I would hear from them by yesterday, which I didn't. I'll call them on Monday to find out what is happening with it. Clearly Connaught have not been contacted by the courts either, or they wouldn't have written the sentence I quoted above. Obviously there's nothing I can do about this today, given that it's the weekend (typical tactic of debt collectors I think, to send stuff to arrive on a weekend), but my query is, is it usual for the courts to take so long to respond to a request to set aside an SD? I am fairly certain that the courts will set it aside as I am sure the debt is statute barred - is it worth me sending any letters to Connaught, or should I now just wait for the courts to make their decision?
  12. Just checked with one of those "local courts" and it is, indeed, the High Court that I need to file the papers with. Finally got to speak to a bankruptcy clerk, and he was quite definite that the High Court was my local. Good grief what a palaver! Nicklea, not nosy at all! I actually live in London...can you believe that my "local" court is the High Court? Suddenly I feel all privileged and important. 8) I'm going to take it into the court myself tomorrow, and make a day out in town, have lunch and browse the shops! I'll call it "expenses". Thank you everyone, yet again, for your help.
  13. Thanks for the response. By "local court" I meant a county court - having already discovered that the Magistrates Court don't deal with it, despite them stating over the phone prior to my visit this morning, that they did. I phoned several other courts, and was given a number to call, and was told that it was the High Court that dealt with this. I've already checked the local county court (not particularly "local" either, being 7/8 miles away), and they don't deal with it (I have phoned twice), and they referred me (both times) to the High Court...phoned National Debtline, who basically told me what I already knew, and said it had to be filed at the County Court - even after I'd said they had already told me that they don't do that there... So, it's back to the High Court, which still seems to me to be massive overkill...the only two county courts that I recognise as being within 60-90 minutes drive of my home are further away than the High Court is, and they (according to HMCS - and I have gone through the entire list of courts that deal with bankruptcy) are the only two that deal with this. Can that be right? Am I really expected to travel that far in order to file papers?
  14. Is it possible to post (recorded delivery) an application to have a statutory demand set aside? The affidavit has already been done. Just curious.
  15. Thank you very much! Will have to go there later in the week now, but I'm still well within the 18 days so it should be fine.
  16. Anyone able to answer the second question...it's the most important one, and I've put off going to the court (which by the way is the local Magistrate's - I called them to ask), but need to get along there tomorrow morning as they only have a 30 minute slot each day that they allocate to swearing affidavits... Would be really helpful if someone could tell me whether I need to add that the debt is statute barred to the 6.5 form? Cheers
  17. Just another quick query before I go to the court tomorrow: 1) am I right in thinking it has to be a county court? We don't have one in our immediate area, do I just go along to the next nearest one? A magistrate's court will not do? 2) The debt is almost certainly statute barred - do I make reference to this in my application to have the SD set aside?
  18. Thank you so much Nicklea, you have NO idea (or maybe you do), how much your assistance is appreciated. Just for the record, I don't have any other debts...this was the only one that I reneged on, (bad move on my part, although I have some reasons that led to it, I do fully acknowledge my own responsibility in the matter - hence being somewhat willing to pay some of the re-sold debt, but not all of it as it has been sold on for a fraction of what was owed). The remainder of my debts from the same period I paid, and now have an excellent credit rating, and pay off my credit cards in full each month. I have checked my credit file and no one but me has checked it in the past year, and there are no adverse marks on it. I've prepared all the paperwork today, and will take it to my local County Court on Tuesday (bloody bank holiday!). Thankfully, due to the extremely helpful people on this site, I haven't lost a wink of sleep over any of this. Again, your assistance (and everyone else who responded) has been invaluable and much appreciated. I will update as things progress...and no doubt be back for more assistance!
  19. Thank you very much...since posting the request I had time to type them up and was just about to return to the site to offer them to anyone else who might require them. Very helpful people around these parts... So thank you again.
  20. Hello Does anyone know if there are WORD documents available for the Forms 6.4 and 6.5 (statutory demand)? I don't have relevant software for filling in PDFs online, and the free online ones leave advertisements top and bottom of the form - hardly appropriate for sending to court. Formatting disappears if attempts are made to cut and paste forms from PDFs. There's a lot of information to try to put it in handwriting. Alternatively, is it acceptable to type up the information and staple that to the actual form?
  21. I keep thinking of other questions! Sorry... The creditor is listed as 1st Credit, with an address...who do I sent the CCA request to? Them, or Connaught?
  22. Another thing...if it goes to a bankruptcy hearing, I presume I'll be able to stop all that simply by paying the entire sum? That'll peeve me, but my future career wouldn't stand me being a bankrupt and I'd end up unemployed!
  23. Oh...a couple of other questions (sorry!). 1. How do I know which court to go to? 2. I don't recall getting a CCJ for this debt, but what happens if there was one?
  24. Thanks so much for the information... A couple of other questions, having read the information on this forum: the letter arrived with the rest of my post yesterday, no postmark or stamp...but it was definitely delivered by the postman. Aren't these things supposed to be hand delivered or delivered by first class post? Secondly, if I ask them for a CCA aren't I just acknowledging them, when thus far I have ignored them? Thirdly: What does the setting aside actually entail, what will I need to do, apart from fill in forms (will I need to go to court?), and thereafter, will that be it? I know I owed the money to RBS, but I am also well aware that if Connaught have purchased the debt, which I suspect they have, then they will have bought it for less than a quarter of what the actual debt is...and therefore I'd be willing to pay them no more than a quarter of the debt in order to get them to shove off...that said, would that kill the debt in its entirety? I do not want this coming back on me. Will they be able to pursue me for the remainder at some point in the future, or will promissory estoppel apply? Lastly, what happens if the application is not set aside...does it automatically go forward for insolvency? I simply can't risk that, and would rather negotiate to pay the debt (no more than I indicated above), than have to go to court for insolvency issues.
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