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Everything posted by supasnooper

  1. Yep.....get a Subject Access Request off to the original creditor (LTSB). This may draw out further documents to use to your advantage if this gets to Court. BTW...do you have any documents relating to the account such as a Default Notice, Notice of Assignment etc.. ?
  2. As a belt and braces approach, I would send Lowells a CCA request.The reason being that they own the account of the alleged debt and "should" have been supplied with the corresponding paperwork by LTSB. BW Legal are acting for Lowells and would not be required to have the paperwork although Lowells could have passed copies onto them.
  3. Hi there, Can you tell us who the credit card company is ? Do you have any of the following paperwork for the account - consumer credit agreement, default notice, Notice of Assignment ? Have a read of the current Statutory Demand threads to see the latest news on SD's
  4. You could write to LLoyds asking them to reimburse the money from the account as they are legally not allowed to take benefit money that has been paid into the account. there is a post on the site somewhere, so if you do a search you should find it. You may want to look into getting another bank account wel away from LTSB
  5. What they have done is known as "Offsetting" and they are allowed to do it as long as it is quoted in their T&C's. I'd advise getting another bank account sorted out ASAP well away from LTSB
  6. Here's some links to cases that went to court with lots of twists and turns http://www.consumeractiongroup.co.uk...-notices-**WON** http://www.consumeractiongroup.co.uk...p-please-**WON** http://www.consumeractiongroup.co.uk...Action-***-WON-*** I'd read these and then find some more .........you really must know your stuff !!
  7. Yes, if you read the bottom link I've posted earlier, it should detail what needs to be done.
  8. here's a few threads featuring restons to get you started - http://www.consumeractiongroup.co.uk/forum/showthread.php?170484-fairbyblue-MBNA-Restons-Court-20th-March-they-have-issued-2-default-notices-**WON** http://www.consumeractiongroup.co.uk/forum/showthread.php?124572-HFC-No-Agreement-Amended-defence-help-please-**WON** http://www.consumeractiongroup.co.uk/forum/showthread.php?160395-Restons-Court-Action-***-WON-***
  9. I'd also advise that you read this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED It really is important that you do understand the advice offered so you are not fazed by the fancy legal jargon Restons tend to use. You would do well to look at other threads featuring your Claimant. Do a search on the forum.
  10. IMHO, you'll have to take this one on the chin. As HFC modified the agreement ( and you signed them ) then they supercede the previous agreement. I also don't think you have a chance of reclaiming the collection charge as this would have been stated on the Particulars of Claim; and thus; for you to dispute ( typical of restons though). You could try complaining to the Solicitors Regulatory Authority about Restons behaviour but don't expect a response in your favour...............but the more who complain, the better. If you feel very strongly about your case for the Collection Charge repayment, then seek a solicitors advice.
  11. Have you read this thread ? http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED
  12. Please can you post up a timeline of events that occured...we seem to be missing a few facts here and I cannot second guess you. Quitre rightly, people on here do say that interest cannot be added (unless it is stated in the agreement) but you would have needed to oppose the claim and the Charging Order to get this dismissed. A County Court Judgment has now been passed on your debt which overrides any terms and conditions of the debt,
  13. Unfortunately, if you didn't oppose or object at either hearing then you are rather stuffed as to setting aside the Judgments......and and unpalatably accept the interest being added to the debt. You could apply for a variation of the Order to repay the debt at a rate that you can afford, however this would cost £75.00.
  14. Did you defend against the Summary Judgment ? Did you defend the Charging order ? You could try to set aside th CCJ but it will be an uphill battle. Have a look at the links below to see if there is anything that may be of use - Setting Aside a CCJ - A Guide To Setting Aside CCJ's You Never Received CCJ removal inc. step by step guide Applying for a Set-aside Spamalot - CCJ and interest on debt. ***WON*** Setting aside the original CCJ of your CCA
  15. Oh dear..........sorry to read of your day. Hope it gets better.
  16. Have you completed the AOS ? Have you sent a CPR 31.14 request ? Have you done a search on the site for problems similar to your own ? What is the claim for ? ( overdraft, credit card etc.. )
  17. If you cite a case in your defence then you must have a full copy for the Court, SCM and yourself. May I also suggest that you contact the court and see if SCM have filed any documents............as they have a habit of not serving them on the defendant when they are obliged to.
  18. have a look at these threads - pt2537's CPR31.16 thread - Use CPR 31.16 for disclosure of your CCA CPR 31.16 Court win ** ORDER TO PRODUCE CCA CPR31.16 WIN ***
  19. Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) - Is My Agreement Enforceable - Useful Consumer Credit Agreements
  20. Don't suppose you have the envelope it came in do you ?
  21. Hello Odessa, I've started a new thread for your problem.
  22. Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) - Is My Agreement Enforceable - Useful Consumer Credit Agreements
  23. You say that the hearing was held under Small Claims Track yet earlier in the thread, you state it was agreed to be held as Fast Track .........please can you clarify.
  24. Use the 1st link and make a cheque payable to the company you are sending the request to.
  25. Have a look at the links below on Charging Orders and what grounds you may oppose them - Insolvency Helpline National Debtline A Guide to Charging Orders by Sequenci
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