Just thinking that I may as well post minus personel details as Ive nothing to hide and they are going to see it anyways

I really need to get this sorted as it will affect my employment too, being self employed now

ok thanks 42man, I just wondered if it would be possiible to pm someone who's opinion i value my statement to take a look at, or is this not acceptable regards forum rules

well statement is all about done, could do with proofing but dont think its a good idea to post it up here. Just hope they take into consideration LIP. Qutoed bits of Law but a lot is in my own words. Just thinking I may have rambled a bit. Need to photocopy 18 Documents too

This makes interesting reading with regards to a genuine dispute

Section 140A of the 1974 Act provides that a court may determine that the relationship between a lender and a borrower arising out of a credit agreement (or the agreement taken with any related agreement) is unfair to the borrower because of:

any of the terms of the credit agreement or a related agreement

the way in which the lender has exercised or enforced its rights under the credit agreement or a related agreement, or

any other thing done (or not done) by or on behalf of the lender either before or after the making of the credit agreement or a related agreement.

The courts have a wide range of powers where a credit relationship is found to be unfair, including:

altering the terms of the credit agreement or a related agreement

reducing the amount payable by the borrower

requiring the lender to refund money to the borrower

removing any duty placed on the borrower under the agreement, and

imposing requirements on the lender or an associate.

In addition, where unfair relationships harm the collective interests of consumers, the OFT and other enforcers (including Local Authority Trading Standards services) can take enforcement action under Part 8 of the Enterprise Act 2002.

Do I have a valid argument that the OC passed this account to a dca ( Robinson Way Ltd) before sending the dn and tn ?

Is there any case law regarding unlawfully terminating account before the 14 day period on a default notice ?

Also can I quote from Phoenix Recoveries v Kotecha ?

Thats exactly what ive done regarding numbering and i am going in the morning to make 2 photocopies of each document to hand into the court all stapled including proof of postage. I am just worried im rambling explaining each one instead of writing a brief paragraph and refering to say documents 1 through 10 for reading

Hi, Im up to page 5 on my witness statement and exhibit 8 regarding the dispute. I have not even started on the dodgy default/termination notice, am I going a little too deep into this to present it to the court ?

Thanks for that, just worried as my witness statement will be about 4 pages long and didnt know if this is acceptable

I also have copies of various bemused letters with proof of postage stating account in dispute to blair,oliver moorcroft and the rest of the vermin. Think I will include copies of these, but I don't want a defence thats going to take 3 weeks to get through or is this acceptable ?

Thanks, I must go do some work now, I will be around later. Thank you again I really do appreciate your valued opinion

regards

Looked through all my paperwork last night, I am going to enclose copies of cca request, Acount in dispute letter all with proof of postage and copies of Dn/Tn showing a total disregard for law regarding times permitted to rectify default. My main point is that after a sharp increase in interest rates i requested a copy of cca to see what i had actually signed for, but giving that i only received a application form showing no prescibed terms i am disputing the account

Thanks 42man, been up half the night trying to word witness statement. How would I show i'm not bankrupt ? also could do with some pointers from case law regarding not giving enough time to remedy default notice before terminating account.

Your help is really appreciated

kind regards

A little update from my friends at connaught. On friday I sent them the letter as described in post #27 which was received by them yesterday. Today I received a fat envelope from scumnought with a covering letter saying they have been advised by Haliprats that there is no details of any outstanding dispute in relation to the acc and they would be grateful if i could furnish them with the same by return ?

In order to assist me please find the following

Notice of Assignment ? Never seen before

Exact reconstructed copy of credit agreement ? just a typed up t&c's with no signature anywhere, not even application form Haliprats sent me.

Statements of accounts - Cannot believe they have even put down ive made small payments into 2010 when I have not paid anything since around Sept 09

Who the hell do they think they are ?

Should I send them proof of my dispute and paperwork or just ignore them and go for set aside ?

Please advise

Not bad turnaround eh, receive my letter yest morning, been in touch with Haliprats and posted me all this c**p back in one day

I Could not agree more, they have wound me up too today.

Hope your daughter is ok and surgery went well

A gentle bump before I get lost in the wildernss, Any advice on statement please

Hi Rupert, I am also trying to set aside a case with 1st credit/connaught at the moment. I have just read your post #27 and I too have had a strange problem regarding private messages yesterday 04/02. I received an email to say I have a pm at 22.30 last night but my pm box is totally empty, also my sent pm's are empty when I know I had some pm's there. I have reported this to the site team to see if everythings in order. I also received a pm at 19.30 advising me to look at another site. Something is very strange

Hi all, Right I have put together a witness statement that I intend to take to the courts this week. Could someone please take a look and please advise if this will be ok or not.

Thanks in advance for all the help

2. That on the xx/xx/xx after a substantial increase in the interest rates on the alleged account, a formal request was made under sections 77-79 of the consumer credit act 1974 for a true copy of the signed, executed agreement

3. That on the xx/xx/xx A formal notice exhibit marked “B” was sent to the creditor, placing the alleged account in dispute due to non-compliance with a formal request for a copy of the signed, executed credit agreement, which to date has never been received.

The defendant draws the courts attention to the high court judgement Wilson vs First County Trust.

The Wilson case made it clear in the absence of an agreement the creditor could not enforce monies due under ordinary contract law regardless of whether they could prove the debt existed or not. As this is a decision of the house of lords, its binding

4. On the xx/xx/xx A default notice was issue by the creditor which gave until the 29/10/2009 to pay arrears owing on the account of £xxxx , exhibit marked “C”.

5. On the xx/xx/xx a termination notice was issued by the creditor exhibit “D”, terminating the account without giving such time to remedy the account.

It is averred that the alleged creditor has not served a valid statutory default notice pursuant to s.87(1) of the Consumer Credit Act 1974 (as amended), therefore, he holds no entitlement granted therein to seek to enforce the agreement and it follows that he has no standing before the court in respect of the same.

6. The alleged creditor has failed to serve with the statutory demand a copy of the alleged agreement, statement of account, default notice and termination notice for this alleged account.

I gracefully request that the demand is dismissed and orders the claimant to remove any adverse default information that has been put on my files. I also request that the judge grants a bankruptcy restraining order in my favour against this company.

It is my belief that the creditor has issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines imposed on 1st credit 2009.

COSTS

The defendant requests an application for costs, I draw the courts attention to a Mr Justice Warren and Hammonds ( A firm) vs Profit Usa Ltd 2007 EWHC (CH)

He confirmed that the insolvency service should not be used as a method for debt collection where a bona-fide dispute is in place. Save in exceptional cases, the court shall dismiss a petition based on such a debt and award costs against the petitioner.

Hi, Just a quick one please. Do I fill form 6.5 out as a defence stating when the account went into dispute, non-compliance with cca request and include all copies of letters as exhibits. Just starting to write it out and a little confused

regards

Thanks for that Donkeyb. I was under the impression that the OC was not meant to pass on any of my details to a 3rd party whilst in dispute. Just trying to get my statement sorted in my head, then transfer it onto the witness statement. With regards to form 6.4, is the name of the person to attend hearing (a) the creditors name and address and also is it the courts details to be entered in (e) address for service

thsanks again

Thanks Mould and good night. see you still have the great sense of humour no grinding u down

Thanks Mold, its all starting to look a bit clearer now. I will draft a defence in the morning as I still have 17 days left. I have put together a letter which I will be sending to 1st credit tommorow stating I intend to have the sd set aside and that I will make a complaint to fos and oft stating the following

AS YOUR RECORDS WILL SHOW THIS ACCOUNT IS IN SERIOUS DISPUTE AND HAS BEEN SINCE THE xxxx 2009. AS YOU ARE THE 4TH AGENCY THAT HAS NOT BOTHERED TO ACKNOWLEDGE OR CHECK THIS INFORMATION, YOU LEAVE ME NO OPTION BUT TO MAKE A FORMAL COMPLAINT TO THE fos AND OFT.

I have received the Statutory Demand sent by your Company or client on the xxxx/2012. I will be informing the court I believe that the you have issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines imposed on 1st credit 2009.

Also asking for any information held regarding this account ie Dn/Agreements to file my defence

regards

Thanks The Mould, I really appreciate your input. You really helped me out a great deal with my other cc as did andyorch that the Haliprats ceased persuing. Can I just put this statement as a LIP in other words just explain myself or do I have to write it in Law terms quoting various parts of The insolvency rules etc

thanks again

Thanks for all the advice so far. I have been reading posts for the last 6hrs and still unsure as to how I should word my witness statment. I intend to state that I do not admit the debt because the account has been in serious dispute with the OC since June 2009 due to not complying with my cca request and should not have been passed to any other creditors whilst the account is in dispute. Also that I was issued with a default notice and termination notice that did not give me sufficient time to remedy, less than the 14 days given under section 87(1) of the consumer credit act 1974. Is this the right way to word my witness statement, Im useless at writing in law terms. If this was a county court claim I would be fine its just this SD has thrown me big time