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mkblue

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  1. Hi I was hoping to get some advice, my wife had a capital one credit card about 7 years ago, she didn't hear anything for i think 6 years, i wrote to restons asking for the statements etc and sent the £1 you suggested i would need, within a few days i got the letter and the postal order back rudely suggesting that they didn't need to give that to us, i have tried to track back through her bank accounts and i think it was over 6 years, i have written to the courts saying its statue barred, after a year its due in court next Friday, there lies my next problem, my wife mother suddenly died last week very very unexpectedly, the funeral is next week and she is not in a good place, she is certainly not able to go to court, is it possible to get adjourned?
  2. I too have received the same, any advise would be much appreciated
  3. Hi I would 1st like to say a massive thank you to 42 man for all the time and effort and being there a low points, without your help i don't think i couldn't have got through it. The story In 2009 i was served with a Stat demand from lowell's, in august 2009 i went to court and had it set aside In 2010 lowell's served me with a 2nd stat demand for the same thing, i told the guy serving it that i had it set aside in 2009, he asked for proof, i gave it to him and he disappeared with the court paperwork and returned later to post the demand through the door, they did not pursue so i thought they had got the message In 2012 i was issued with a third demand, i went through the same process but this time i didn't have the paperwork, i in sept 2012 received a file for bankruptcy, i went to court to fight it and here is a lesson to be learnt for anyone in the same position, the courts only hold records for 3 years, this hearing was adjourn whilst the court try to find it I went back to court in dec 2012 this time lowells got had the hearing adjourn so that the CCA paperwork could be sent to me That brings me to today, i went to court and WON!!! the judge who had originally set it aside in 2009 was today's judge, to put it into a nutshell he through it out and said that lowells had abused the bankruptcy system, he barred them from appealing and basically through the book at them, the only down side was he didn't award costs. So i'm a very relieved bunny, i am now going to forward everything to the OFT and try to stop anyone else going through this hell Thank you again 42 man and the action group, you do brilliant work Regards MKblue
  4. I'm still confused, can not prove that i had it set aside, how can i defend it?
  5. i have the original hearing paperwork from 2009 and i think the 2 other stat demands (3 in total )
  6. i'm sorry to be ignorant but i dont know what CCA is? i will do what it takes, now starting to get me down, is there anything i can do? yes this is the 2nd one, judge has given it 30mins no i wish i had, torn the house apart looking for it
  7. i have the paperwork i can forward when i get home, bankruptcy hearing 14/12/12
  8. Yes i have some paperwork, it was set aside for statue barred, they were trying to double up an other case as well, that was statue barred but i have since found out that this case is not i have that at home, i can post it later, i do have all the paperwork from each attempt presented a stat demand
  9. I attended court in sept as lovell portfolio was attempting to make me bankrupt, i had already had this set aside in 2009, i unfortunately do not have the papers from the court any more, even through i sent copies of all the original hearing lovell portfolio they said that they new nothing about it, the judge said that if i did had got this set aside then they could not proceed, lovell argued that they could if they wanted to, the judge sent us out whilst he tried to clarify, he could not find the paperwork so adjourn it saying that if it was deem that i had got it set aside then i could charge them costs, they objected but it was upheld, now i'm told that the paperwork is destroyed after one year, dont no what to do next
  10. Hi there yes it was 2009, i am going to lodge my papers tomorrow as i'm away till the end of the week, not a clue what i'm doing really, i have done a Affidavit and i'm sending copies of all the paper (other stat demands) now i just need to know what i can go for in terms of costs, any help or advise you can give would be much appreciated Cheers Andy
  11. Hi There I have huntered down as much as i can find Are you sure it is statute barred ?The last payment i made was 01/03/07 Have they sent any paperwork since the stat demand set aside to say otherwise ?no only on stat demands Do you still have the order from the court ? no but i'm told i can get a copy, i have the paperwork i submitted and the date i was set aside, 13/08/09 in milton keynes county court, How much time is there between the demand you got set aside and the more recent ones ? next one was dated 24/06/10 then the next one was march this year Are you still able to post up the docs ? (minus the personal details, exact dates, exact amounts)if you tell me how Thanks
  12. Hi There I have huntered down as much as i can find Are you sure it is statute barred ?The last payment i made was 01/03/07 Have they sent any paperwork since the stat demand set aside to say otherwise ?no only on stat demands Do you still have the order from the court ? no but i'm told i can get a copy, i have the paperwork i submitted and the date i was set aside, 13/08/09 in milton keynes county court, How much time is there between the demand you got set aside and the more recent ones ? next one was dated 24/06/10 then the next one was march this year Are you still able to post up the docs ? (minus the personal details, exact dates, exact amounts)if you tell me how
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