many thanks 42man. I'll dig through various threads to use someone else's template for defence. Are there any in particular you'd point me towards please? My defence will have to be on the grounds of failure to produce documents, and abuse of process, as the amount is in excess of £750 and its less than 6 years ago since I hit financial difficulty, so won't be statute barred. Until I get all statements from HSBC (the original creditor) that I have issued S.A.R - (Subject Access Request), I wont have a firm figure on all charges applied, but at least I will make this point ref unlawful charges. Finally, if L&R have not appointed a solicitor (I'm hoping that they don't even turn up to the set aside hearing), do I just issue copy to them directly ? ps how do i 'tip the scales' (Novice here !)

OK, so postie has been and gone - still no documents delivered from my CCA request.....12 days are now definitely up, but I'm still worried about whether or not I need to file full defence to the Stat Demand, given I have hearing for my Set aside application in 8 days, which will still be within 30 day deadline.....Would the court most likely adjourn to allow L&R to produce, before granting complete strike out ? Thanks for help so far. (and apologies to those like 42man, reading similar thread under the legal process section, but I'm never quite sure how people are tracking the threads.)

To clarify, yes they did send letter, saying they were issuing a SD, but it was dated same day as the SD was signed at their end, so they had already determined that it was to be issued !! Although I spoke to them, between that date and the actual serving of the SD, telling them I was referring to the CCCS - it always takes days/weeks to get an appointment - (I have maintained a budget & expenditure update with a CCCS Client number, which I always quote), L&R told me they were proceeding anyway to a bankruptcy petition, so maybe there is something here about abuse of process, or CPR ?? So I have now spoken to the Court, just now, asking if I need to file a full defence to the SD, ahead of hearing my application to set aside. The Civil office could not advise me and suggested I take advice elsewhere (eg CAB !), so I am now, none the wiser. Any other advice please, as I only have until tomorrow, to fall within 7 days before the hearing. A little difficult to put full defence together as we are still within the 30 day CCA request deadline and today is 14th day since I sent fax request / 12 days since formal receipt via Special Delivery. No post yet today, so still no idea if they have any documentation to defend against my Set Aside Applicaton. Fingers crossed. Any thoughts/advice please. Thanks Beanpole

Hi all, Im a little confused, so would appreciate some more advice please. Miss Muppet, I did a full application on my 6.5 set aside, quoting case law, but what I am trying to establish, is whether or not I should file a full defence to the original Statutory Demand, ahead of the set aside hearing (on 17th July). 42man, thanks for advice....I'm was going to ask the court about procedure as well. Reading around other threads suggests that the full defence (quoting CPR etc) is normally submitted in response to the DCA/creditor taking individuals to the County Court (eg for Charging Order), after the initial expiration of 12/30 day deadline to respond to a CCA request. That is not my current situation: The DCA went straight from normal letter to Stat' Demand for full payment. They have threatened that they will issue petition for bankruptcy otherwise, so this is why I submitted my Set Aside application within the 18 ay deadline. As I am the Applicant, asking the Court to set aside the SD, isn't it the DCA that needs to defend this and produce ? What hapens if they do attend the hearing and magically produce all documents ? I assume I ask for an adjournement to prepare a defence ? If today, nothing turns up in the post (dreading that drop through letterbox), or tomorrow, then the DCA will have failed to produce documents within 12 days (+2), so I hope this will result in a strike out of the SD as 42man suggested earlier. If I don't get any other advice, I will prepare full defence and personally deliver it to Court....but don't want to do this if not necessary yet (ie save the ammunition in cse need it later ?) I attach the Set aside application that has been sworn and accepted by the court last week, showing my argument. Thanks to anyone who can give me a definitive view on this stage of the process and if a full defence should be submitted, or if done after 'set aside' hearing ?....again a million thanks for all other advice here and on my original thread. Beanpole Application to set aside 6-5[1] edited out.doc

many, many thanks for your help.....couldn't have got to here even, without such support ! I definitely have all the back-up as you suggested, with case law cited. Could you please confirm if I need to submit full defence to the SD 7 days before the set-aside / strike out hearing, or does that come later if the process continues ?? thanks Beanpole

For background, please see my Original thread in Debt Collection Industry (sorry don't know how to link these together !). Had SD issued by hand, from Legal & Receivables from HSBC assigned debt. I issued CCA request and applied to my local court for set aside, using all the great advice and templates from the forum (thanks again everyone so far). Today is the 12th day after receiving my CCA request and nothing back except acknowledgement letter saying that LARGO were contacting their client for info' (Phoenix and LARGO same company ?!)...so I'm really hoping nothing can be produced before the ultimate 30 day deadline. Problem is, my court gave me a hearing date of 17th July, so although the 12 days will have expired, the 30 days will not. Yesterday I sent S.A.R - (Subject Access Request) to HSBC, but they have 40 days to respond. So, what happens now.....is there anything I should do before the hearing ? I was under the impression from reading the forum that I must submit my defence against the SD, to the court 7 days before the set aside hearing, which only leaves me tomorrow. Is it the full defence as I have seen elsewhere on the forum, defending CCJ's etc ? If I am the Applicant in the set aside, what else do I need to do ? I have issued a full rationale (using forum help, with case law cited) to the court and will take along all my documents, but I would really appreciate advice on what else would be good to do. I am aware that I could also ask L&R for a copy of their complaints procedure (wait until 30 days up ?) and I could argue abuse of process going straight to SD and threat of bankrupty proceedings, so any advice on next steps would be really helpful. Here's hoping Beanpole

OK, so today is the 12th day since Legal & Receivables signed for my Special Delivery CCA request for documentation. Nothing back except their letter saying they had requested from their client (aren't Phonix and LARGO the same company !). This was also preceded by me faxing a simpler request 2 days before, so I just hope they struggle with producing documents. I sent SAR to HSBC yesterday, but they have 40 days to produce. Again, I am hoping they haven't kept documents, but given my Court hearing for Setting Aside is next Thursday (17th), I could do with advice on anything else I should or need to do. It seems from what I've read, that I should prepare and submit to Court, my defence to the SD (but if I am the Applicant for set aside, is this correct ?)......clarity please on process rom anyone ? Thanks Beanpole ps I wil post similar under the legal process section in case this thread gets missed.

Thanks to both for confirmation regarding costs and the example schedule. I have used...had confirmed the rate via a CAB guideline available to the National Debt Line also. On Thursday, I went to Court and made my application to set aside the SD...waiting a little while and the Registar was able to confirm a date for the hearing - 17th July - just 2 weeks later....I actually hoped it would be a bit later to get past the 30 day deadline for the CCA request to hopefully work, but at least the 12 days will have passed by then. L&R will by Monday know that they have to respond in court....in the meantime...they have acknowledged by letter my CCA request for all the documents and said 'we have requested from our client'...(Phoenix). Can anyone please advise what, if anything, I should do in the meantime ? For example should I now send an SAR to HSBC as the original creditor, or Phoenix with same, or is there anything with regards to the CPR that I can use now ? It is a little grey, so would appreciate advice on the best steps to take, whilst I wait for the set aside hearing. Still worried in case L&R do actually come up with the documents, but I still do have an argument with regards to unlawful charges (eg £150 to serve each SD added to the total debt claimed). Mr Lex - thanks for trying to sort out link to original thread - sorry but it still won't work for me and says 'invalid link...contact administrator. As ever, I am very grateful for anyone's advice of the process or dealing with Legal & Receivables/ LARGO / Phoenix. Beanpole

Hi there, I'm about to attend Court to apply for setting aside, but ant to chek that I have covered the cost application well enough. please could someone have a quick look and let me know if anything hould be added. I have included...time to prepare CCA request, postal order costs, postage and proof of delivery, time to prepare application to set aside, attend court to apply, travel and parking costs. I've tried to find a standard doc' that gives me all costs I can reclaim, but I need some help please. Thanks Beanpole

Thanks Mr lex. unfortunately, when I click on the link to my first thread, it says nothing found and refers me back to administrator ! Thanks for other stuff....ploughing through ! Beanpole

42 Man....brilliant help thank you for posting so quickly. I will amend as suggested and check out your thread. Thanks to all the threads I have read, I feel at least I have a fighting chance. I just wish I knew about this site 2 years ago, when I first lost my job and ended up with debt problems. Any other advie most welcome, particularly if anyone else has been successful with Legal & Receivables / Phoenix. Beanpole

Help Please. My original threads have been lost so I would really appreciate it if someone could read the attached and let me know if there are any comments/improvements and if there is any other advice. I plan to go to Court and make Application to set aside tomorrow (18 day deadline next week). Bare bones of my situation is that Legal & Receivables have served me with SD on two debts (1 credit card, 1 loan). This was done by hand nd so seems they are seriously threatening. I have sent to them 2 separate CCA's & £1 each (all logged and tracked) and the 12 days are ticking down. I have had letter back to say they are requesting the docs from their client (Pheonix Recoveries). The debts were apparently assigned from HSBC, and having had agreement from HSBC to pay nominal amount every month until situation improves, L&R (LARGO) have taken the big step and threatened that if I do not pay in full within the 21 days, they are going to petition for bankruptcy. (family home mortgaged !). Any advice would be welcomed, or similar experience in dealing with this DCA. Apologies to those that have already helped me out (BIG THANKS), but had to start a new thread again. Thanks for reading Beanpole Application to set aside 6-5[1] edited.doc