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Everything posted by Digitalburnout

  1. Good morning all, I've received another letter this morning still suggesting bankruptcy proceedings are being considered. They are adamant this debt hasn't been paid yet the amount owed has reduced from their previous letter by the £12 a month I've been paying them for the last five years plus. They are now saying that if a repayment plan isn't agreed they will pass to Connaught Collections "to consider issue of a statutory demand" They would like this repayment plan to be direct debit! To be perfectly honest if they wish to go down the bankruptcy route they would be helping me out because I have no assets and won't be having any for the foreseeable future and obviously they won't receive a penny more. On another note, when this original started five years ago they were asked to supply my credit agreement and I still haven't seen it. Any advice would be grateful received. Thank you.
  2. My apologies for digging up an old thread however having paid the £12 mentioned above every month for the last 5 years + I've now been sent a letter threatening bankruptcy proceedings again! I have moved back to my parents home having had the flat I was living in repossessed back in 2010 and own nothing of value, don't even have a car as I go everywhere via public transport. I still have their letter agreeing to the £12 payment so I guess I'll just have to show the judge again if they do decide to go down the court route again!
  3. Just another update on my situation. The sale of my flat was due to complete on the 30th September as long as GE money agreed to a shortfall, I haven't heard a thing from them up to and including today saying either Yes or No. They have, however, sent two letters requesting payment for a valuation of the property. The letters say exactly the same thing except one letter is requesting approximately £100 for the valuation and the other £140. Suffice to say they won't be getting either amount. The solicitor acting on my behalf has also tried to contact them for a straight Yes or No and his communications are also being ignored, they continue to phone me and I will continue to ignore the calls because I have no way of proving what is or isn't said. I have explained to them my dire financial situation but they choose to ignore it, if this situation continues they will end up with nothing, especially as the BOS has 1st charge on the property. The waiting game continues......
  4. Just thought I would give a quick update to this in case anybody else is in a similar situation. I had the GE Money hearing today and they have also been awarded a possession order for the end of September. The judge understood there would be a shortfall and has basically said I just need to hammer out an agreement with GE over money especially as the sale is going through at the moment but I have also been advised that should they decide to GE can stop the sale. I have no way of increasing the amount they would be left with and, apart from the property being sold, have no assets whatsoever so hopefully they will see I am putting the best offer I can on the table for them.
  5. Thanks for the swift reply, According to the paperwork I've received regarding the court case GE Money would have been seeking possession from me but as you say I also thought they would have been out of luck now BOS have got their order granted first. Thanks again.
  6. Hi, The BOS have recently been granted a possession order on my property, the repossession date has now expired and as I am currently in the late stages of actually selling the property they have said they will allow the sale to complete providing my solicitor can give completion dates. All very straight forward so far, but I also have a 2nd Charge on the property with GE Money and the sale price will not completely clear the combined total of both BOS & GE. I am currently unemployed and have exhausted all possible avenues with regard to completely clearing both debts. I have a repossession hearing for GE Money in a couple of weeks so my question is can they still stop the sale of the property given the fact there is already a possession order granted and the amount I will be able to offer them is less than the total debt but obviously more than if the BOS had taken possession? Many thanks
  7. Hi, After weeks of hearing nothing I have received letters back from Lowells containing statements showing different account numbers to the ones in their original letters, these look similar to the accounts with Barclaycard which have been in dispute since Auguest 2008 due to them defaulting on my CCA request. Any advice on how to proceed? CCA request or "bemused letter" considering Barclaycard should not have passed on the accounts without first complying with my CCA request? Thanks again.
  8. Hi, Not been on the forum for a little while but I am now in need of a little advice. I have recently received two letters from Lowell Portfolio I Ltd giving reference to two Barclaycard accounts that were apparently sold to them in June. Now the strange thing is I did have two accounts with Barclaycard which I disputed back in 2008 and they have been in default of the CCA request ever since. I say strange because the account numbers that Lowells quote on their paperwork do not match with the account numbers I originally had with Barclaycard and another thing that makes me suspicious about these requests for payment are the letters giving notice of assignment apparently from Barclaycard which were bundled in with the letters from Lowells rather than sent to me separately from Barclaycard. The quality of the letterhead supposedly from Barclaycard also looks like it has been printed on a bog standard inkjet rather than the laser quality header they tend to use which also leads me to believe that Lowells may well be trying it on. Given that the account numbers do not match my original accounts do I send off the CCA request and await a response? Thanks for any advice given.
  9. Thanks pt2537, will give that a try. I still hope that having the letter 1st Credit sent agreeing to the payment offer will carry some weight. Like I said before the judge wasn't very impressed they had failed to include that fact in their witness statement. He even told me to look after it as it was very important. I have made various copies stored in various locations to make sure it is.
  10. pt2537, I certainly had the arguement to beat down the other side but the judge wasn't prepared to listen. I guess I need to seek professional advice with how to proceed the an injunction? Thanks again for the help.
  11. 42man, no costs were awarded to either side. They had applied for just over £300 costs and the judge refused to award them despite protest from their representative (Legal Practice Clerks Limited) which said it all really. pt2537, the judge wasn't interested in anything I had to say regarding the CCA. I raised the issue several times but he repeated that as I had an agreement in place with Citi that I had acknowledged the debt and lack of the CCA didn't have a bearing on the case.
  12. Hi all, Had my hearing today and the judge didn't set aside the demand as I had hoped. He felt that as I had already had an agreement in place with Citi and they passed the debt on to 1st I had already acknowledged the debt. He wasn't interested in the fact that I haven't received a copy of my CCA or never received a notice of assignment or default notices. On the plus side he was very unhappy that 1st had said in their witness statement that they had refused all payment offers - the look on his face when I produced a letter from them agreeing to my offer said it all and he made it clear that they should stand by it as they had already agreed! Their legal representative (not from LCS I hassen to add) also looked pretty shocked when the letter was produced. It effectively showed that they have lied in their witness statement but unfortunately wasn't enough to get the demand set aside. I will now have to wait to see what they do next although he did advise that they probably wouldn't get anything if they attempted bankruptcy in light of their acceptance of my offer. Thanks to all from your help and Happy New Year.
  13. Hi 42man, No, the payments were not mentioned in my affadavit.
  14. Hi PGH7447, Thanks, am going to make a payment this month anyway so at least I can throw that at 1st Credit in court. I have a complete record of payments made so can prove there is an agreement and that I, at least, am sticking to it. I hope that the judge deems this as much a waste of the courts time as I do, I'm sure they have better things to do than put up with DCAs like 1st Credit abusing the system.
  15. Thanks 42man, One question, I have still not received any CCA from either 1st Credit or CitiFinancial (now outstanding for a month), am I within my rights to now withhold payment to either party until such time as any agreement surfaces? As I stated before both 1st Credit and CitiFinancial had both AGREED to my payment offer and yet I still somehow find myself in this situation! I will of course be taking all correspondance to and from 1st Credit to the court, which also show payments were made and accepted, and also the letter regarding the payment arrangement with CitiFinancial to re-enforce the wasting of the courts time by 1st Credit. My costs are only going to be for litigation in person as the court is in walking distance of my home so hopefully the judge will acknowledge this.
  16. Hi all, I have had a reply from my local county court and the date for the set aside hearing is 31st December.
  17. I phoned my local court earlier today only to be told that the judge didn't have time to look at the application and would do so next week. Am I right in thinking that the court will inform 1st Credit that an application for a set aside has been filed or do I need to do that myself?
  18. Just thought I would give a quick update on this one. I filed my application for the set aside on the 28th and have been told a judge will view my application tomorrow (2nd) and I would then hear if I have been successful in getting a set aside hearing date or not. Fingers Crossed.
  19. Thanks 42man, Your help is very much appreciated, I have taken the time to go through as many threads as I can and I am pretty sure about what I am going to do from here on in. thanks again.
  20. Thanks PGH7447, The S.A.R was going to be my next course of action as there are certainly unfair charges on the account. I will submit the set aside along the lines that you suggest and will hopefully see 1st Credits action crumble in the process.
  21. Hi PGH7447, Yes I still have the envelope, 2nd class with a return to if undelivered stamp on the back. I have a timeline of letters to and from 1st Credit, I have kept them in the hope they will hang themselves which they do appear to be doing if slower than I would wish. The mere fact that the letters show different (reducing) amounts would appear to be proof enough that I am trying to reduce this debt.
  22. Thanks 42man, I have read as many of the 1st Credit and Statutory Demand posts as I could until my head started to spin, but it does seem that my regular payments, despite 1st Credits refusal to acknowledge them or accept any other payment method than DD, may put me in a good position to get the SD set aside. The fact that 1st Credit cannot instantly lay their hands on the CCA does also appear to act in my favour but I am still unsure as to what is the best course of action with regard to the afidavits main reason for setting the SD aside. Am I able to state on the same document that I admit the debt and have been making regular payments but also that due to the claimants inability to send me a cca that the account is now in dispute?? Or would it be more prudent to suggest that the account is currently in dispute due to the request for the cca (they still have a few days left to produce)and use the fact that I have been making regular payments as a defence in any future court case? Thanks again.
  23. Hi, I have been browsing these forums for a while now, but my own debt problem has now forced me into seeking some advice. I had a credit card with CitiFinancial with a balance of approx £2900, comprising of a limit of £2500 and the rest charges and interest. Due to a period of redundancy and taking a lower paid job to get back into work I was unable to continue paying at the required rate. I was fortunate enough to agree a repayment of £12 per month with citifinancial some six months ago and was hoping to be able to raise payments in the future to clear the debt quicker. I continued to pay citifinancial for the next 3 months until i received a letter from 1st credit advising me that they had been assigned the debt from citifinancial. I replied advising them i would continue to pay the £12 pm and they wrote back agreeing to the payment and stated that their prefered method was direct debit, this I refused as I did not want them having my banking details but I had requested a payment book or bank transfer details. I continued to pay them via any means other than DD and after several letters stating I had not contacted them (even though the amount owed reduces on the letters at the rate of £12pm so they obviously have been receiving and banking the payments) I recieved a statutory demand sent via 2nd class post. I sent a CCA request last week and received a reply to the effect they would have to ask citifinancial for the original agreement. I have until 1st December to set it aside but my question is what suitable defence should I give to have it set aside?? Many thanks for any advice given.
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