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Bellisdaisy

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About Bellisdaisy

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  1. They didn't even turn up themselves. The rep said he worked for an independent company and he had been instructed to attend court and state that they were willing to set aside as they had no further information as requested (or words to that effect). How would I go about reporting them to the OFT? Is there a website? Do I just summarise what I have said on this thread? Thanks again. I found it very helpful to read through the successful threads during this journey and hope that my story will now contribute in helping others. It is a worrying time but with the excellent advice available on here you get there in the end!
  2. Hi all! We had our moment in court! I was able to attend this time as I wasn't working. I'll keep it short. WE WON!! SD set aside. We would have been awarded costs I think, had I submitted some, unfortunately I hadn't had a chance to compile the paperwork as I've been busy with an essay that's due for Uni. The judge asked if we were going for costs and I was gutted to have to say no. Oh well, at least WE WON!!! The judge also said that based on the paperwork we had submitted (which was essentially copied and pasted from here), the other side would have had a very difficult time in winning the case. The rep from the other side acknowledged that too. As we were leaving court the rep approached us and said well done on taking the time to research and submitting what we did and congratulated us on a job well done! He shook our hands and wished us well too! Result! Thanks ever so much to everybody that helped us with this. I will be making a donation to the site to say thanks, plus utilising it further in order to claim so more PPI refunds for other old debts that we have. Unfortunately we have a couple of CCJs for those but at least if we can claim some PPI back then we will be able to pay some of them off and save ourselves the monthly repayments that we currently have. A big thank you again!!
  3. Ok, that's great. Thanks. Hubby is going to phone the court again tomorrow and see if they have had anything since we last called.
  4. But if they turn up on the day and we haven't had a chance to look through any of it, how can we prepare our defence? Would we be able to ask for time to respond? Isn't that why they were supposed to submit their stuff within 28 days. The 28 days was the 'extra time' given by the court as they didn't have it last time! Hubby and I are both reading through other threads too to try to learn some more
  5. One other quick question, what happens if they turn up to court on the 19th with all the relevant paperwork? Are they still allowed to use it as the 21 days have passed?
  6. Ok fair enough. The date for the hearing was actually sent out to us within a week of our last court appearance - dated 22nd January so we would never have had the option of just writing to the court really as this was still 14 days before the time ran out for them to provide their information? Do we just reiterate what we said he first time then as our defence? Basically we can't prove that it was statute barred but they have been unable to prove that it isn't. Also as they have provided no evidence of payments made on the account etc they can't really prove what payments have ever been made on the account and where they are getting their figures from? Also as we have had a cheque through for mis-sold PPI does that mean anything with the credit agreement? Does mis-sold PPI invalidate it at all? We have banked the PPI cheque and have no plans to touch it so if we DO have to make a payment on this we will have some money to use. Thanks again for all help on this - as long as the money doesn't get gobbled up by this debt we will be makin a donation to this website as we wouldn't have coped without it and would have probable been made bankrupt by now!
  7. Thanks for that. Sorry for the late response, I've been working a lot of night shifts over the last week or so and haven't had chance to get on here. We have actually got a court date now for an 'Adjourned Hearing' on the 19th March. It's says we should allow 2 hours for the hearing. Should we write a letter and hand deliver it to the court this week so that we don't need to go or should we go and put our case forward face to face? Sorry if this is just going to make you repeat yourself!
  8. Hi there, A bit of an update! As predicted, the 28 days given by the court for the other side to produce information, has passed and when my husband phoned the court he was told that nothing had been submitted there. Yesterday we received a letter from the original creditor re our PPI complaint and confirming that PPI was mis-sold, offering us a full refund of the original amount plus interest. What is likely to happen next? Will the court contact us with a date for another hearing or will they automatically set aside given the other side haven't responded in their 28 days? Thanks again for everything
  9. No we didn't submit costs....do you think we will need to go back to court again in the 56 days or do Lowells tend to fail to provide the information in time? Thanks
  10. Thanks for the good luck wishes Well, my hubby had his moment in court. As expected from previous posts on other threads the other side did turn up and approached my husband outside of the court before the hearing. Although I had warned him they would do this he entered a room with the guy and listened to what he had to say. All he said was that they had no information about the debt with them and they would be asking for more time to produce the information. DH said the guy said it appeared that we may have a good case from he had seen. In the court the judge was very impressed at the paperwork submitted to the court as defence (taken from here - thanks 42man) and asked where we had the information come from. Hubby didn't tell him - just said his wife had been doing a lot of research! He said it was very well put together. The judge asked the other guy whether the debt company had the information we had requested (statements etc), the rep said he didn't know. The judge granted them 28 days to produce all information requested in the application to set aside and said another court date would be arranged for 56 days time. He warned the rep that SD's were a minefield but advised my hubby that common sense should prevail and that the credit agreement shows that a debt is owed and suggested we reach an agreement with the debt agency rather than pursue further court proceedings which could end up costing us more. However the debt collectors rep also acknowledged that the account has some 'issues'. (Statute barred PPI etc.) Any interpretations of this? Any suggestions of how we should proceed? Thanks so much to all involved for your help getting us this far
  11. Repeating myself a bit here... but made a few notes to take to court to help prompt my hubby. This is what we have. We have all corresponding paperwork. Anybody out there have any opinion on this please? Thanks 12th November - Date on letter which was first contact regarding this matter. Letter from Lewis Investigation Services stating SD was to be issued 14th November - telephone call from Hamptons legal. Stated we've been served with SD. Threatening bankruptcy and trying to pressurise us into making payment over telephone for full amount immediately to avoid BR, then reduced to excess of £3k. When this was not possible, she insisted we should try to gather what we can to make payment and she would phone for this the next day. Credit agreement requested verbally as no account details had been released at this stage so no idea what debt SD was for. 15th November - CCA requested from Lowells together with any other documentation reqiured by the consumer credit act. Together with £1 payment. Sent recorded delivery. 19th November - CCA request delivered. SAR request sent to HBOS - recorded delivery with £10 payment. SD served by hand at 4.30pm - dated 29th October for CREDIT CARD debt 28th November - Letter from Hamptons acknowledging receipt of CCA request 3rd December - Application to set aside submitted to court 11th December credit agreement for LOAN received 12th December - letter received stating SD had been ignored etc To date - Still awaiting statements etc from HBOS. Complaint for mis-sold PPI has been lodged with Ray Sato from HBOS on tel: 08457 253519 Defence Believe debt is statute barred - no evidence provided to contrary SD states debt is for credit card. Credit agreement (arrived outside of prescribed period of time from request) is for a loan. PPI insurance on credit agreement - PPI complaint lodged with HBOS for mis-selling. Mis-sold insurance can bring the whole agreement into question No statements of account provided. It is believed alleged debt could be made up of excess charges No notice of assignement received. No copied provided by creditor
  12. Hi again, We are just gathering all of our paperwork together for court tomorrow and my husband just spotted something.....The SD states quite clearly that the demand is for a debt for a credit card. The credit agreement they have supplied is for a loan. The account numbers are the same. Could this be relevant as part of our defence? Thanks
  13. Ah right, ok then. In court on Thursday, do they need to provide a statement of account showing the latest payments to prove that it's not statute barred? Thanks
  14. Right!! I' m due in court on Thursday and I now have a complaint logged with hbos for missold ppi. I am going to claim the debt is statute barred as the first i heard of this debt was when i received a card saying the lewis group were going to serve me with the sd. and I have requested all information hbos hold on me. I have no credit agreement with Lowells. Thankyou for all the advice so far. In summary, this is what I've got to take with me on Thursday and I'd like to know if this information is likely to help in getting this debt set aside. Thanks again
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