they do seem to be a very small company! I've had emails from the "complaints department" "managing director" and "legal department" ... all of which are directors! Fortunately i have it in writing from all 3 that there is "no breach of any data protection".. one of the emails had the subject as "can you check this please.. quick repsponse to complaint" ... Very professional!!

brilliant! Thankyou

I'll get straight on to them!!

I'm also going to cc in HSBC to all correspondance (my original debt was with them, and im a hope to embarass Largo) and the creditor on the stat deman that isn't mine!

I'd love to be able to track down the person on the stat demand and give her all the info so that they can make a complaint too!

thankyou both. Will get the form completed now, and call the court on monday!

Hi,

Not sure if i'm posting this one in the correct place.

Late last year Largo sent me a set aside notice to a stat demand. however they also sent me two... and one was meant for someone else. It has their full name, court name, court number and the creditors name. Largo have told me that this is not a breach of data protection.

I have asked Largo to give me contact details for phoenix, whom ultimately own the debt (i said that i was worried about my details being entrusted with them)... this was in October and they are still telling me that they will advise me "in due course"

largo are now making things very difficult for me, and i am keen to return the favour. :)I've looked at the Fsa's website, and that doesnt seem like the right place to complain? Does anyone know where i can start? (Or if indeed it's worth doing so!)

Thankyou

thank you, will do that. Hubby's at work today, so i'm at home with my daughter, and you've no idea how much i paniked when i saw the letter. I think this was made worse by not being able to talk to anyone about it! Feel loads better after being able to "talk" about it, and having a none hysterical response. Thankyou!

i returned the allocation questionairre, but i dont think i completed it in full as i enclosed a letter, and couldn't really see anywhere in it where i could withdraw my defence. Am i going to be expected to try and pay it all now then?

After spending the last hour crying, i've decided to try and do something constructive.

After a fight last year with Largo re stat demands they produced one correectly completed credit adgreement, and sent a court summons. I completed this but said that i disputed the interest. When i received the allocation quesionairre i realised that i didnt really have a leg to stand on with regards to the interest, so wrote a letter asking for my defence re the interest to be disregarded and apologised. In the original court papers i filled in details of my earnings etc, and my offer of payment.

I've today received a judgement for claim saying that as i have not replied to the claim form i myst pay the claimant the full amount £6851.16

I can't afford to pay this, the offer of repayment i made was £20 a month. i did reply to the claim form. I don't know what to do. please can someone help? (i can't contact the court as they're not open today)

it's such a relief! can't thankyou enough for all your help

wooohoooo!!!

i have today received the endorsed consesnt order from the courts saying that the case has been set aside

thankyou all so much for all your help

hi semyaza,

i communicate with Largo mainly via email. As i dont like talking to them over the phone as i end up getting really annoyed!

they have quite a few copies of my signiture (as i had no idea signiture lifting went in until i found this life saving website!)

the first judge i had in plymouth was quite human, and didnt speak to me as if i was a very stupid naughty child, i may have just got the second judge on a bad day? It's very frustrating as he refused to even read my defence!

Hiya Doc,

thankyou for your response.I've been sent a blank copy to sign and then to send to Largo. Since they started court proceedings i've communicated with them predominantly via email (with the exception of cca request etc). Before i found this forum i was completely unaware that anyone would even contimplate lifting a signiture, so they do have quite a few signed letters from me.

Im going to sign the form and return it via recorded delivery, but i'll sign over the line and take a photocopy!

Im not going to get too hopefull until i hear from the courts (will i hear from them if Largo do forward the set aside consent order?)

do you think this means they can't find the cca!?

lol.. i intend to, as well as reporting them to the relevant bodies for none cca compliance etc! i've got my fingers and toes crossed that the letter means what i think it does!!

another thing, at the bottom the consent form they sent me... they have also sent someone elses :-s

Hiya

I have received a email from Largo today (they were trying to get me to consent to a voluntary charging order on my house and repayments which i couldnt afford) so i told them no. I have received the following email back:

We have referred your comments.

Our client advises that without any prejudice or admission of liability they are

agreeable to the setting aside of the statutory demand by way of consent with no

order as to costs.

A draft order is attached for your approval, signature and return.

Yours faithfully,

attached is a form that says:

IN Plymouth county court

between :

phoenix recoveries

and

me!

Consent Order

The parties having agreed to the terms as set out below:

By Consent it is ordered that:

1. THe statutory demand served 20 May 2008 be set aside

2. there be no order as to costs

Dated the day of 2008

We agree to an order in the above terms

signed signed

(largo) (me)

Really stupid question, but does this mean what i think it means and are they withdrawing the SD? Is it ok to sign, or am i agreeing to something im completely unaware of!?

the reasons to object to banruptcy petition is really reassuring! Im still yet to receive another court date... maybe my lucks in and they've misplaced all the papers!!?

im not sure, they have a letter from me making offers of repayments, so i guess i cant really deny the debt. The judge also said that as i was making payments it was obvisouly a debt i acknowledged.

semyaza, glad everything went well with you. I think i may have been a bit unlucky with the judges i had

Docman and 42 man, thankyou so much. It's all so scary and i wouldn't have an idea where to have started at all if it hadn't been for this site.

I will sort out all my paper work over the weekend so that i can get it into court on monday

again thankyou so much for all your help

have i written the completely wrong this on the affadavit? After court i have been left completely confused! I still havent received a statement of account (which according to the judge is all i need)

Hiya, i live in Plymouth, Devon

thankyou for the details CCA rules. I shall print that off and have a proper look through.

On the affadavit i wrote the following (which im sure i got from this forum somewhere!)

I do not admit the debt to Legal & Receiveables ltd agents because i have not been provided with a true copy of any signed and properly executed agreements between legal and receivables ltd agents and myself.

I have informed legal and receivables ltd on 27/05/2008 by letter that unless they can provide me with true copies of any agreements they refer to then i consdier their claim to be in dispute, no response has been forthcoming to date.

I have set HSBC a subject access request in an attempt to clarify my position. however under statue HSBC have 40 days in which to respond. In view of the above i respectfully request the court to set aside the statutory demand or in the alternative make an interim order pending the requested information

Again thankyou all so much for your help, i dont know what i'd do without it.

thankyou so much for your help docman, i will type out what i wrote on the affadavit and post it.

thanyou. the judge didnt even bother to read my defence as he said that it wasnt appropriate to the case. Whilst i was making my statement the judge and the solicitor were giving looks to each other and rolling their eyes. To finish it all off when i left the solicitor the talked to us again repeating that the lack of cca and statement wasnt a defence as obvisoult HSBC wouldnt give out money to people without having the correct paper work in place. When i got out of the courts i realised i'd left my handbag in there, so had to go back in and wait for the case that was in there to finish before i could get it. It was a nightmare from start to end!

the case has been adjourned for another two weeks. It was horibble. The judge was very condesending and told me that the lack of cca and statement was not an adequate defence, and that it was a consumer issue and not a reasonable defence. I said that we were unable to acknowledge the debt, the judge said the fact that we were paying showed that we had acknowledged the debt "you wouldnt pay for a debt that wasnt yours" it has been adjourned for two weeks for largo to provide a statement as the cca "isn't relevant" Largos representative spoke to us before court and was throwing around legal terms that we didnt understand and also said that the request to set aside was out of date and he was therefore going to proceed with bankruptcy petition. He said that the papers were served on 28/05 but the court hearing wasnt until 30/06 and no extension had been made. But we completed and returned the papers to the court on 02/06. I suppose it could have been worse but it does sound like they wont accept the lack of cca as a defence and next time the statutory demand will be granted

i cant thankyou enough for all the info. will be so much happier when mondays out of the way. Been up since 4.30 this morning worrying about it. At least i've managed to sort out a baby sitter for Monday which is a huge relief. Thankyou again

thankyou so much for your help, i'll take the letter along, and write a list of bullet points so that i remember everything i've got to say. Im relly hoping that Largo dont send along a representative again. I've got no idea how to address the judge etc, so having someone there who was addressing the judge as "your honour" did throw me a bit. Again thankyou and i'll let you know how it goes.