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madjenny1

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Everything posted by madjenny1

  1. To answer my own above question,I have just read through all your threads 42Man, I must say i am shocked at what happened to you, but so glad you managed to fight it and win. Just out of interest, have you ever heard of this happening to anyone else, as I was blown away by it all!!!!!
  2. 42man. You say 1st credit did this to you, made you bankrupt? do you mean they actually, petitioned to make you bankrupt? Did you receive a SD? if so, did you try to have it setaside etc? Can I ask was this for a credit card debt? As I was lead to believe this was very rare for this type of debt!!!
  3. How did you receive the Stat Demand? was it by post? if so, I suggest you read this first before making any decision on what to do about it. http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html?highlight=statutory+demands
  4. Thank you for your advice, very much appreciated. I have copied and saved the above letter you suggested just in case, tks. For now I think I will hold fire and see what there next move is, fingers crossed they do nothing, but if they do I will be prepared. Think thats probably best for now, I was really scared, but after after reading their demand letter for the 500+ times, I think its a crazy, oh did I mention it wasnt even on headed paper??. Thank again. Will keep you posted.
  5. AKTIV KAPITAL ASSET INVESTMENT. Has anyone had any dealings with these people?? Today I received this letter from them. Seven Days Notice TAKE NOTICE that the amount due on the above account and for which you are liable still remains unpaid, and we do hereby require payment from you within SEVEN DAYS from the date of this Notice of the account amounting to £*****. And hereby give you Notice that the same maybe posted or paid direct to this office WITHIN SEVEN DAYS, and in the event of your default in Payment of the same, our Solicitors will forthwith institute proceeding against you for the amount, togethr with all reasonable Costs and Charges attendant on such default. Given under my hand 22 aug 08. Call Serve re:AKTIV KAPITAL ASSET INVESTMENT. Anyway, the letter has no reference or account number, nothing bascially!!. I havent heard from these people before, I had not had any paperwork to state they have been assigned a debt of mine and I dont recal owing that amount to anyone. It was just sent 2nd class post. Not sure what to do, any advice. Thanks.
  6. So the SD was a valid one then? how did you find that out? and if you have nothing why are they going to proceed with a BP against you?
  7. I cant be of much help I am afraid, but I do know this, they cant proceed with bankruptcy, while there is an outstanding stat demand waiting to be set out aside, I hope this helps somewhat until someone else can really help you.
  8. your very welcome, I know all too well how worrying this stuff can be. The guy that posted the above information is a lawyer that helps out on a different site, so as far as I am aware and from other stuff I have read on this site it is correct. I am sure someone else will confirm this that knows more than me. Good luck to you. let us know how you get on. Ps. have a read of this too Point 2 Besides all the foregoing, the creditor at present would be unable to verify on oath when the SD came into your hands. Being unable to do this prevents the creditor from fulfiling the requirements of rule 6.11. rule 6.11 says: (1) Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit or affidavits proving service of the demand. (2) Every affidavit must have exhibited to it a copy of the demand as served. (3) Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service. (4) If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit. (5) If neither paragraph (3) nor paragraph (4) applies, the affidavit or affidavits must be made by a person or persons having direct personal knowledge of the means adopted for serving the statutory demand, and must— (a) give particulars of the steps which have been taken with a view to serving the demand personally, and (b) state the means whereby (those steps having been ineffective) it was sought to bring the demand to the debtor's attention, and © specify a date by which, to the best of the knowledge, information and belief of the person making the affidavit, the demand will have come to the debtor's attention. (6) The steps of which particulars are given for the purposes of paragraph (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition. (7) If the affidavit specifies a date for the purposes of compliance with paragraph (5)©, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor. ( Where the creditor has taken advantage of Rule 6.3(3) (newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit— (a) the means of the creditor's knowledge or (as the case may be) belief required for the purposes of that Rule, and (b) the date or dates on which, and the newspaper in which, the statutory demand was advertised under that Rule; and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand. (9) The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2). You will see that included in the strict requirements of rule 6.11, the court still has power to decline to file the petition if not satisfied the creditor has discharged the obligation under 6.3(2). We know service was by 2nd class post. Service that way doesn't discharge the obligation. A petition is not going to get past the filing clerk, UNLESS service can be established by some other way, ie (a) because you wrote to them acknowledging service or (b) you said so in an application to set the SD aside
  9. I found this on another debt site for you, hope it is of some help before someone else comes along who can help you. IF the creditor does go ahead with a petition, then they have to present a sworn affidavit to the Court to certify when and how the Demand was served, which they obviously can't do if they just posted it (or at least not without perjuring themselves).
  10. How was ithe stat demand served? in person by server or through the post? if it came through normal post, you might be able to fight the petition by saying you didnt receive the stat demand. I am sure someone will be along shortly to confirm this. gl
  11. Oh my, I must say I am confussed now about why all this hostility??. surely we are all here for the same thing, to help or be helped! surely we should be grateful of all the advice/help we can get, I know for one I am and lets face it X20 seems to really know his stuff and he even got a thicko like me to start understanding the law. Ok, off soap box now.
  12. Wow X20 that post was great, for the first time I am starting to make head and tail of all this. Pls dont leave there are lots of us on here that would be really grateful of your help and advice, as we do of all help and advice ty.
  13. Thank you mr.ton, that link was very useful.. Although I still dont understand the bit about how it is served, post or server? the national debt line says a DCA has to prove that they tried to serve a stat demand, before just sending it in the post? so leading back to why get it set aside if they just send at the first attempt 2nd class post??? guess its just me being thick, I just dont understand, Tks anyway.
  14. Ok, what I really dont understand about all this is, oh pls feel feel to correct me on anything I havent got right, as I am a newbie and just trying to get my head around it all. Are DCA sending out stat demands (2nd class post) as a bluff/scare tactic? if so, why do we need to get it set aside? (this is the bit I really dont unerstand) surely if they had any intentions of following through with it, they would have it served properly? If it is just to save money, then surely the DCA would just go for a bankruptcy pet and say they have sent a stat demand through the post, when of course they havent!! lots of post goes missing every day, surely a court wouldnt believe a DCA, when they say oh we sent a stat demand and got no reply and of course there could/would be the geninue cases where people dont receive them. Surely this is an abuse of the law isnt it and all too easy to go for something so final as a bankruptcy. I am not against getting a stat demand set aside, and from what I have read I probably would myself, although I would be scared, as a few people have stated they have had a rough time from the judge getting the set aside, as some judges didnt seem to understand about a CCA is needed to be supplied for a debt to be enforceable. Maybe one judge wouldnt set it aside, what would happen then? I just dont really understand?
  15. I will do, ty for the advice and good luck to you.
  16. Ell-enn you truly are a star. I really cant Thank you enough, the above letter is fab, I will copy and paste and send asap. Will keep you informed .ps. how do I tip your scales?
  17. I must say I am really worried after reading your experience, as there is no way I could go down the IVA route and I am a home owner. Although I have yet to recieve a stat demand, I am expecting it very soon, seeing they are being dished out so easily. I was feeling a little better knowing, first credit couldnt find my CCA, but now this doesnt seem the case huh.
  18. Sent my letter off today. While I was out today, someone called at my home, leaving a letter asking me to call them from the counsilling service??.I wasnt going to call, them but the guy on the letter stated he would kept calling at my home until I did!!!.So I called him and explained everything, including that the banks lawyers had closed my file as arrears were low and that I was on a payment plan with bank and thus didnt need his service of £82.50. He said bascially he wasnt asked to come and visit me on a fee paying counsilling service, yet more to collect the debt (arrears)???.He said he had to come? I explained "no" as I was sorting it out myself, and have sort advice. He insisted, I said whats the point? I am paying etc etc and I didnt want to be charged, he tried to assure me I wouldnt be. I stuck to my guns and eventually he said he wont visit me for now but will contact my Mortgage for further advice then contact me again. I am not at my wits ends, what should I do now?..Pls help, I know he will keep trying to come back and dont you think it seems funny he is saying I wont be charged, when i already have, I know if I agree to meet him I wont get a refund of my money...
  19. Yes they do make me so mad....I feel like they want me to get into more debt so they can just piling on the charges..grrr....thanks once again for your advice Ell-enn, I will get straight onto it again and let you know when i hear from them again...have a great weekend...
  20. Hi its me again.....I did as you suggested Ell-enn in your last post. In the mean time, I received a letter from the solicitors involved saying as my arrears are within normal repayment limits, they will not be dealing with me anymore and all equires now regarding my account, should be direct with the mortagage company..woohoo only £550 of arrears to go now..(surely this is proof, I am doing all I can??) However today I have received a letter from the mort company, saying they have debited my account with £82.50 and their counsilling agents would be in touch to make a suitable appointment time????...what now?..I have told them I dont want this!..I am trying to clear arrears asap and am, yet they are adding this when i dont want it or need it?...pls help not sure what to do now...tks..
  21. Thank you for your advice Ell-enn...I did send a letter to barlcays, stating the points we talked about. Today I received a letter back saying in order to help you with this matter, we have arranged for our debt conselling agents to visit you at home to discuss your present finacial circumstances. The charge for this service is £82.25 which willl be debited to your mortgage account???..omg what, as of today my arrears is £668, so anyone can clearly see it coming down, now that have charged me this amount, putting the arrears up for a service I dont require!...Is there anything i can do about this?..could you possible help me write a letter saying I dont want this service and certaintly dont want to pay for it, causing me to be in more debt, as I am sorting things...tks..
  22. Ok, I found this on another site...wonder if anyone has any comments or suggestions to where this leaves many of us trying to get stat demands/CCJ set aside on the basis of no CCA?? (wasnt sure where to post this, so posted a couple of times).. In May this year a case went before the high court, and one of the outcomes was clearing up the confusion about CCA requests and Credit Cards. For some time now people have been asking to see a true copy of the executed agreement, and in a lot of cases this has not been forthcoming, so people have 'got off' court action on that technicality. However: Quote: Issue 5 True Copies A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the “card carrier” copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy. The requirement for such documents to be “true copies” is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures. Source: Basil Rankine vs American Express Services Europe Limited High Court Judge at Birmingham Civil Justice Centre Authorised by Section 9 of the Supreme Court Act 1981 16th May 2008 OK it looks and sound pretty, but what this means is that as far as the court is concerned, the fact that you have applied for a credit card, and a card has been issued to you, then the application (unexecuted agreement) stands up in court. So please be aware that if you make a CCA request for the original signed agreement for a credit card, and all you are sent is the application form that bears your signature, and you did receive the card, then that is sufficient for legal action!!!
  23. Ok, I found this on another site...wonder if anyone has any comments or suggestions to where this leaves many of us trying to get stat demands/CCJ set aside?? In May this year a case went before the high court, and one of the outcomes was clearing up the confusion about CCA requests and Credit Cards. For some time now people have been asking to see a true copy of the executed agreement, and in a lot of cases this has not been forthcoming, so people have 'got off' court action on that technicality. However: Quote: Issue 5 True Copies A credit card issuer is required to provide three copies of agreement to a borrower. The first copy (which is set out as an application form) is signed by the borrower and sent to the lender. The borrower is given, with this application copy, a copy to keep (in accordance with the requirements of section 62 of the Act. This is the requirement to provide a copy of the unexecuted agreement (unexecuted because at that stage it has not been accepted or signed by the lender). When the agreement is executed a credit card is sent out, and usually this is attached to the “card carrier” copy of the agreement. This copy has to be sent to the borrower by virtue of section 63(4) of the Act and this is the executed copy. The requirement for such documents to be “true copies” is set out in regulation 3(1) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures. Source: Basil Rankine vs American Express Services Europe Limited High Court Judge at Birmingham Civil Justice Centre Authorised by Section 9 of the Supreme Court Act 1981 16th May 2008 OK it looks and sound pretty, but what this means is that as far as the court is concerned, the fact that you have applied for a credit card, and a card has been issued to you, then the application (unexecuted agreement) stands up in court. So please be aware that if you make a CCA request for the original signed agreement for a credit card, and all you are sent is the application form that bears your signature, and you did receive the card, then that is sufficient for legal action!!!
  24. The lender is Barclays. I must say they are not that bad to deal with, they normally expect my offers, although they are very snotty, I hate calling them, I always feel like they are looking down on me. thanks for the advice Ell-enn.
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