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psmith64

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  1. I will keep you posted and yes that letter is safe, they sent it via email too !!!! What really makes me laugh is that on the letter to the court they intimated I had only disputed the agreement since issue of the SD this year, when infact I first disputed it some 5 years ago in which time they have never produced a legible agreement with all prescribed terms intact, so they still decide to issue the statutory demand pureley as a threat which there actions now confirm ie they know it would have cost them if they proceeded as I had a strong case for set aside. OFT my next port of call now, and hopefully another DCA and solicitor under investiagtion. Infact, if anyone else has had harrassment from weightmans and Marlin Europe 1 please do get some facts off to the OFT. What is shocking is how many people that know of places like this cave in and pay up on unenforceable agrements !!!
  2. A Big thank you to 42Man - my statutory demand has been today withdrawn. A message to everyone, stand your ground and don't these people frighten you into paying something that is not payable. This is the final letter that brought about the withdrawal which I hope may help someone else:- For the attention of Mr xxxx xxxxx, Dear Sir, RE: Your client xxxxxx, Account xxxxxx, I confirm receipt of your letter dated xxxxxx I wish to correct your statement in your letter which is incorrect that I am now liable to pay the debt in full or alternatively provide security for the debt to the satisfaction of the client. As you know, and as you go on to state I have the option to visit my local court to apply for set aside of this statututory demand. As per much of your companies previous correspondence to me, your opening paragraph is very intimidatory and incorrect as you already know from my letter of the 4th January 2012 that I will be applying for set aside of this statutory demand. As per your process servers initial visit to my property with the letter that was posted through my door, your stautory demand although dated xxxxx was not served until Wednesday xxxxxx through my letter box. In accordance with the details contained within the statutory demand this means I have until February xxxx to visit my court. I confirm to you today that I will be visiting my court to apply for set aside and have completed forms 6.4 and 6.5 in preparation on February xxxxx Despite your recent correspondence, you have not provided me with a legible agreement that contains all the prescribed terms as laid out by the Consumer Credit Act 1974 in reply to my legal request for a copy of my agreement, on several occasions now, and whist this dispute has been traded between three differecnt parties. I am afraid that I consider that this account is still in dispute, and furthermore your attempts to provide me with potentially fraudulent documents will not be accepted and I will not continue to get into any kind of 'litigation' via the postal service. As per your previous correspondence, some now dating back five years you have threatened and have had plenty of opportunity to resolve this situation and let a judge make a decision through the county court. You have chosen not to in the absence of an enforceable agreement. As per my recent letter you have chosen to ignore my request to take me to court. Instead you have chosen to issue a statutory demand, which as you know is frowned upon by the OFT guidelines as a method of collecting debt without first trying the case in court. I once again remind you of the contents of my previous correspondence of xxxx January 2012 in that at any future set aside hearing I will be applying for my costs which will be in the region of £ 250 - £ 300.00 I will be making the court aware of this and all other correspondence in this matter. I await to hear back from you in the next 24 hours as to whether your client wishes to withdraw the statutory demand, but in the meantime confirm my intentions of applying for set aside on February xxxx with forms 6.4 and 6.5 duly competed. Yours faithfully Once again many thanks to 42Man for his help and guildance
  3. Thanks 42Man, do you think that will suffice in my case. Its similar and a lot less wordy so that is good.
  4. Again, thanks for your input 42man, will be back in touch over the weekend after I have researched a little more and drafted my avidavit on 6.5
  5. 42man, thanks for the reply - have PM'd you further info
  6. Subbing to this thread - great help from 42man - good luck with the set aside, looks a definate to me.
  7. I haven't SAR'd original creditor, but will do this right away. I will PM with process servers details
  8. Thanks 42man - I will let you know. It sounds like it will bearing in mind a process server visited my home today while I was at work. It can't have done them any favours by keeping this up for just over 5 years, that in itself speaks volumes
  9. The application form is still legible in parts, but it clearly has no prescribed terms within it at all. I think I will include the Arkel l reference in, it seems more polite !!! I have all their intimidating letters spanning over 5 years which on many occasions say within 7 days they will commence legal action, which have taken many hours of my time over that period, along with mental torture and distress which I feel that I am entiltled to some form of compensation for. In my set aside would be worth referencing to these letters, and including copies. I don't ever recall having a default notice either, they have never sent me a copy. Any guidance on set aside would be appreciated, I have found quite a few on here - is it worth referring to case law in the st aside.
  10. One other thing, If I do have to go to court would be acceptable for my husband to attend on my behalf ?, or would I also need to go too ?
  11. Hi again 42 Man, I sent the above letter and they acknowledged it straight away with a recorded letter back. They sent the same information with it that they sent me 2 years back, a poorly copied Application form with no prescribed terms, and a set of terms and conditions dated 4 years after the application. Interestingly the T & C's they sent does not contain any interest rates and refers to a document that would have come with the card. I do not ever remember receiving this document after issue of the card or with it, they have crteinly not provided this document which the T & C's refer to. When I got home today I had a note through the door from their process server which says they are going to attempt to deliver again on 18th January, and if I am not in then they will put through the letterbox and service of said demand will be deemed to have been affected by way of insertion through your letter box. Is there anything else I should do in the meantime, as it looks like they are going to issue the SD. Do you think this will get set aside ?, I have no valid CCA as I see it. Any further help at this stage would be appreciated
  12. Thanks 42 Man for your help, will get that letter off today and keep you all posted as to progress
  13. I first had contact about an HSBC debt from Weightmans back in December 2006. I was asked to go into a voulantary charging order over my house. I of course never agreed to this. Sometime in 2007 the debt was assigned to Pheonix recoveries, at that time I put in CCA request. All I got back was a fairly illegible Application form with no prescribed terms. I have since 2007 received letters from them, which I haver always responed to in the same manner saying the account is in dispute. During 2011 the acount was transferred to Marlin Capital and then again, another Marlin Company. I wrote back saying they could not transfer the account whilst in dispute, but nevertheless CCA'd and more recently put in CUPR request. Both of these requests have gone unanswered. I have now in January 2012, 5 years and 1 month after the first communication, and 4 changes to who the debt supposedly belongs too now been told that a Statutory Demand is on its way to me. I have written to them again today stating the account is in dispute and that should I receive a Statutory Demand as intimated I will apply for it to be set aside. To any of the more knowledgeable on here, do you really think with all the threatograms I have in my possession form them, no enforceable agreement that they really will send me a Statutory Demand ?? If they do send one, will I be successful in getting it set aside, and if I need to do this, how would I go about getting it set aside. Oh, by the way, they ended the letter by saying that if I phone them, they would still be willing to come to some sort of agreement. Amonst all the rubbish they have sent me over the years at various times they have offered me 50% off of the balance if I paid up !!! Thanks in anticipation.
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