I'm off for another day of charm and beauty, otherwise known as working for a local council. The irony of it is that in my job I can issue FPN's and prosecute people for various things too. (No, not a traffic warden!) The one question I would really like some help on right now is this set aside form and statement of truth. What, IF ANYTHING, can I use as a valid reason or reasons? AND are there any examples (sanatised) of set aside forms so I can see what is expected in phraseology, writing styles, effective wording etc. What bit goes on what form? Again, thanks. I'll try to look in during the day if I get the chance to get to a PC. Mike.

Did I write July somewhere... Doh. Original post now corrected/edited.

Evening again. I guess you haven't read the whole thread? I have responded to them putting it into dispute. I've asked for as much info as I can asking for SAR and CCA. The 18 days expires on Friday which is why I'm looking for info. I keep getting told to set it aside, I have the forms, but I have no idea what grounds to use and what is expected in the way of wording, etc. I've searched for examples but not found any. A set off defence. With all due respect, these phrases are thrown about as if everyone who comes here knows them and how to implement them. I'll research, thanks. The letter from BOS? You mean the Default Notice? I have it here next to me. As for validity it's something else I have no idea about. http://www.legislation.gov.uk/ukpga/1974/39/section/87 This section just seems to say that service of a notice must be done before the items in the list can be actioned. Section 88 seems to define the content of the notice. S88(1) is all complied with. However 88(2) says there should be 14 days between the date of service and the date mentioned in (1). The letter is dated 3rd Feb and the text reads "To remedy the breach, you must pay the total arrears of £301.89 before the 13/02/2002." This is just 10 days. Does this invalidate the DN? No idea if there was an OFT arrears information sheet as required. This is the sanitised letter. http://i.imgur.com/KKDHnLv.png

Good evening TM. Thanks for joining in. Bear in mind please that this is my wife's debt, and that I only found out about it a week ago. My knowledge may be sketchy and getting info out of her can be tricky. There is PPI on it. Mis-sold? I haven't had the time to examine the terms and find out her circumstances at the time. If there is how does this help? Yes, found it. Dated 3rd Feb 2002. No. The default notice gives an outstanding balance of £7182.53. Some of this was paid off, but at £1 a month I guess no more than £50. Leaves about £7132.53. They want £7217.10 an increase of about £85. Reasonable charges? Referring to my wife's few letters, Blair Oliver & Scott accepted her offer of £1 a month. Until she was taken ill (see earlier post) she kept these up. When ill I knew nothing of them so I wasn't paying. She was a wreck after the illness and REALLY withdrew. As I said, I've just found out. 6pm on Monday the 19th of August 2013. At our front door. My regards back at you. Mike.

In my wife's case terrify is an apt word. The c***s. The thing I still need is a reason to set aside, one that the court will agree with. I have the forms in front of me but they just look like Chinese...

I've been on the phone to the CAB today. Couldn't get through, ("we have no help in your area") but their phones redirected me to the National Debtline. They advised me that they can't tell me about a Set Aside as it's a legal matter, and passed me to Civil Legal Advice. THEY said I wasn't entitled to legal aid and said goodnight. Sigh. Which is a long winded way of saying that all help provided by yourselves is greatly appreciated. Which leads me to the confusion (in my mind, I'm easily confused) of a set aside. I have 18 days to enter a set aside from the date of serving, but the court doesn't know there is even a case, so by entering a set aside application I am telling the court "hey, look at me" just when I don't want to be seen. Oh well.

Good Monday morning to you all. I'm off out to work as usual, but I was hoping someone would have a comment on my letter above. Also, I've been struggling with this set-aside thing. Why? Because I can't find a judgement to be set aside. All my research says this is for a case that has been heard and a judgement given but the Statutory Demand Wife was sent was a threat of action. I still have a couple of days before the time limit is up so please advise. With no actual court date present or past is there a record of this SD at County Court that needs setting aside? Would I use the headings I used in the letter above as reason? Thanks. Mike.

Hi Donkey. That thread hasn't been replied to for a couple of days and as I was after a specific piece of info I thought another heading might help.

My letter, going out recorded delivery in the morning. Comments please? (ARGGGH! Why does the forum software keep reformatting the text!?!?!?!"

Good evening one and all. My wife has received a Statutory Demand from Lowells. The letter was dated the 1st of August, it was hand delivered on the 19th of August, and it states that there is an 18 day time limit before bankruptcy proceeding are started. What laws have they broken? I have researched this as best as I can. The Insolvency Service document linked below states "...The person or company that receives the demand has 21 days to settle the debt or..." Also the OFT guidance for debt collectors has many examples of unfair practices but I haven't seen this dating fiddle mentioned. Can you point me to guidance / law that refers to this please? I want to get a letter in the post tomorrow morning if possible. http://webarchive.nationalarchives.gov.uk/+/http:/www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf Thanks. Mike.

Evening again. Long day today, out early and only home the last hour. Roll on retirement. :/ CitizenB, you ask about the Creditcare. I believe it is a PPI, but surely there can't be anything to claim back? One can claim back what one has paid out surely and this is an unpaid debt? Letters written using templates. Lets see what happens. By the way, the cheque for £10 has been cashed already.

fkofilee, I believe so.

Looking at the templates, what's the difference between SAR's and S77/78 CCA letters? What's the relevant uses as one seems to only take 2 weeks the other up to 40 days? Mike.

Evening Wooks and all. I'm thinking a SAR to Blair Oliver and Scott to get the account of payments made from 2002 to 2008. We still don't know if it's Statute Barred or not. Also a SAR to BWLegal (Lowells) to 1, slow down the proceedings for up to 40 days and hope they haven't the full info. Comments? Cancelling the cheque. Not sure about this. What if it is not Statute Barred, would this make it look bad in front of any courts? Regarding old debts, another letter turned up this morning. Sigh, is there no end? This time it's Bryan Carter on behalf of Lowell Financial Ltd on behalf of Fredrikson International. No mention of original debt, £1541.66. Threats of court and solicitor fees and interest "Should proceedings be issued." Just now I have no idea what it is for or how old the debt is. Another SAR. At £10 each I guess it might be cheaper to pay them! Brigadier, thanks for the OFT guidance. I'll add that to the SAR and see what happens. Mike.

Me again, the bad penny. Long day at work but glad to be back here! Wife has contacted the bank today to try and find out when the last payment was. It's starting to look awkward, the bank have told her that they can't refer to records that far back and she hasn't got the old cheque book stubs to refer to. Also, she has sent a payment of £10 to them with the letter I referred to earlier. I need to know if there is a 6 year gap and the only people who would know would be Blair Oliver and Scott as they were the receivers of the cheques. Letter to them to be written tonight. Any standard letter I should use? If it's less than 6 years (she thinks she last paid Blair Oliver and Scott near the end of 2008, 5 years ago) and therefore not statute barred what is the next step to prevent them causing full Bankruptcy proceedings? Standing Order for a fixed amount maybe? Thanks again. Mike.