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  1. Thanks for the replys guys and gals, been working away for 2 days in the middle of nowhere with no internet so only just managed to read them. Think i'll just wait and see what there next move is,and then if they start becoming annoying i'll send them the SB letter and wait to see what rabbits they try and pull out of the hat !!!! Sunderland1 - yeah ive just re read your thread,shows you just how sneaky and underhand these DCA's can be, fingers crossed the end is in sight:-D
  2. Hi Guys and Gals, I'm back again and dealing with my favourite DCA !!!! Quick bit of background info : - Approx Jan 14 I won a SD hearing against BW Legal (acting for Lowells) due to lack of CCA and other paperwork etc- although I was that made up to win I forgot to ask for my costs which still annoys me to this day !!!!!! move forward to May 2015 and I received through the post a letter ( copy below) from BW Legal with an attached copy of my CCA ( which they couldnt find 18 months ago) and advising that they wanted to find an amenable solution to recover the outstanding sums. I was to get back to them within 2 weeks with my proposal or they will consider court action with no further notice. This seemed a bit too polite for them and got me wondering why ??? So I dug out all my SAR paperwork and found out that no payments have been made on this account for over 6 years. So got a couple of queries:- Is it still 6 years for a debt to become statue barred ?? Do I notify them of this or just ignore their letters ? Do I have to prove that its SB or is it up to them to prove that it isn't ? As usual, any help greatly appreciated Gazbo
  3. If you've done a SAR request to Lloyds then it will probably be that as when I sent my SAR request that's how it arrived ( All 5 reams if it !!!!)
  4. Hi Guys and Gals, Got a quick one for you :- Am in the process of selling my house, should be done and dusted in the next 2/3 weeks and this will clear the mortgage and leave a bit of spare I have had a quick look at my mortgage account and have approx £2K of charges on my mortgage account (No contact fees, Arrears management fees, Arrears letter fees etc ) going back over a 4 year period, so can I claim these charges back and if so is it possible to do so if the mortgage has been payed off ?? Any help appreciated Gazbo
  5. Here's a run down of how the day went:- Arrived at court and checked in at reception where I was told Lowells solicitor would like a chat with me. He came over and introduced himself and informed me he was self employed and didnt work directly for Lowells but had been asked to represent them. He then told me that they had not been able to produce any paper work and as such they would be withdrawing the stat demand, I asked if this would be in writing and he said that we would still go before the judge but it would be just to confirm the stat demand withdrawl and then to sort costs out. I thought this is going well until he informed me that it wasnt my costs he wanted to sort out but Lowells, as they had instructed him to ask for £102 in their costs for his attendance. At this point I became unamused !!!! we had a bit of a discussion re dates of service and CCA requests etc and decided to agree to disagree and leave it up to the judge. Off we went into court , just a small room with the judge and the 2 of us , Lowells solicitor started off explaining they wanted to withdraw the stat demand due to lack of papework and that they would like to ask for their costs (I was watching the judge at this point and noticed the look of surprise on his face). Lowells explained that because they had sent me the account on hold for 60 days letter, a week before I had filed my set aside, there was no need for me to file a set aside so they considered that the hearing was my fault so I should pay their costs. The judge then explained to me in laymans terms that the stat demand has been withdrawn and asked me if I had any comments re Lowells asking for costs. I told him that Lowells could have withdrawn their stat demand at any time before the hearing and saved the cost of sending someone and also that they were well aware that I wanted to see documentation relating to the agreemant,fees etc. He then asked me why I had filed my set aside so I told him that after reading around the web and advice from this forum , I had decided to file my set aside within the required 18 day time period as I was worried that if ,after the 60 days Lowells had said they would put the account on hold for, they then found the CCA and other paperwork I had requested then they could argue that I hadnt filed my set aside within the required time frame. Lowells solicitor argued that this would be unlikely as they had written to me to confirm a 60 day hold period but the judge agreed with me and said that there was no scope within the insolvency act to extend the 18 day deadline to file a set aside. I was that excited to win on these points that when he asked me straight after this if I had suffered any losses I replied No without thinking :Cry:. The judge then advised me that the stat demand had been set aside but this might not be the end of the matter as Lowells may decide to go down a different route to try and collect the debt. So that was my day in court, nowhere near as intimidating as I thought it would be although got that carried away winning my point on their costs I forgot to ask for mine !!!!!!!! Sorry its long winded but really annoys me when people post on here for help and advice and then on the day of the hearing you never see another post from them and they cant even be bothered to update people how they got on. As mentioned in my earlier post donation has now been made and once again I would like to thank everyone for their help and input :grouphug: Cheers Gazbo
  6. Update Time :- :whoo::whoo::whoo: Stat demand set aside, will put more info up later but a big thx for all help and advice received. Goes without saying that another donation is on its way to the forum Gazbo
  7. Off to court so fingers crossed, will advise how i get on later Quick double check, is it ma'am or madam if its a female judge?
  8. Well tomorrow is the big day and have currently got information overload !!!! Have bullet pointed what I intend to rely on with no CCA being the main one but in case they do pull a rabbit out of their hats have some other points too !!! 1) Failure to comply with s78 request 2) No statements to show how the sums said to be payable are due and if theirs any PPI and/or excessive charges 3) No valid default notice in the prescribed form was sent 4) No notice of assignment has been correctly served 5) 2 c/cards were amalgamated onto this account so CCA request for them 6) Clearly there are triable issues due to lack of proper documentation 7) Reference to Mr Justice Warren and Judge Boggis 8) Read up on Waksman Judgement (Carey v HSBC) in case they bring a reconstituted copy If any one can think of anything ive missed feel free to give me some reminders Cheers Gazbo
  9. Quick bit of advice needed re costs, do i need to hand/fax them into court tomorrow (day before my hearing) or as I mentioned costs in my set aside can I just take them with me ? As always, any help/advice appreciated Gazbo
  10. Hi guys and gals, If anyone can have a look over the following and let me know what you think :- Costs For Set Aside Application Case No xxx Rate Claimed Litigant in Person rate of £18.00 / hour Travelling Costs HMRC Approved Mileage Rate of 40p / mile 1) Time spent identifying,researching and understanding relevant legislation. Time spent identifying,researching and understanding relevant case law. Time spent preparing set aside and defence arguments. 18 hours = £324.00 2) Time spent attending court to file set aside 1.30 hours = £ 27.00 3) Loss of day’s wages for attending court on 14.01.14 £ 80.00 4) Traveling costs for return journey to court 2 x 9 miles £ 7.20 Total £438.20 Do I need to add any notes and make any mention of case law eg, Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) and Mr Justice Warrens comments ? Do I just hand them in at the court and is it still 3 copies needed ? Thx in advance Gazbo
  11. Update time Hadnt heard from the court so called in on Friday, was told they had sent me a letter out in early December and that my set aside hearing is now confirmed for the 14th January (Good job i Checked !! ) As usual ive got a couple of questions !!!!! Not heard from Lowells if they have found my CCA, do they have to inform me if they have found a copy of it as stated in one of their previous letters or can they just turn up at the set aside with it ? I havn't currently found a payment that is more recent than 6 years ( although still got over 2 reams of paperwork to get through !!! ) Can I ask Lowells to prove that the debt isnt SB and if so should I set it in motion now or at the set aside ? After going through some of my old paperwork ive noticed that when Lloyds opened this C/Card they closed and amalgamated 2 of my old c/card accounts and the outstanding balances were transferred onto this new c/card so can I ask for the CCA's for these 2 old accounts ? After going through some old statements have found a load of fees and charges, can i add interest onto them ( if so is it still 8% APR on the compound interest spreadsheet) ? What are the going rates for a LIP , how do you calculate an imdemnity award value and do they need to be at the court beforehand or do I take them with me ? Thats it for now, am off to start reading up again onS78's etc etc As usual any help or advice is greatly appreciated Gazbo
  12. Hi sunderland1, just popping over to wish you and the ex good luck for tomorrow.
  13. Hi sunderland1, good luck with your set aside tomorrow (got my fingers crossed for you) keep me updated how you get on, gonna pop over and have a read of your thread now
  14. Update time :- Not heard from the court yet but did get a letter off BW today (dated 20/11/2013) which has a case number and hearing date and time and attached is a Notice of Acting (new one on me!!!) Will keep you all updated Gazbo
  15. Cheers ericsbrother, will keep you updated as and when i hear anything else Gazbo
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