dunwoody21
Registered UsersChange your profile picture
-
Posts
6 -
Joined
-
Last visited
Reputation
1 Neutral-
Capquest and Statutory Demands
dunwoody21 replied to silverfox1961's topic in Debt Collection Agencies
Hello Silver Fox The Statutory demand is a frightening thing when issued by hand. I think everyone out there who has a DCA chasing them for credit card debt should first ask the original Debtor for a SAR, as if the debt has been asigned to a DCA there will be credit card charges and these are easy to reclaim and in some cases wipe out the original debt and whilst waiting for these charges the DCA can not give a SD as the Debt is in dispute. Cheers Dunwoody -
Capquest and Statutory Demands
dunwoody21 replied to silverfox1961's topic in Debt Collection Agencies
I had a Stat Demand hand delivered by a one of the cast from Planet of the Apes back in Feb. I had CCA,d the DCA several times last year by recorded delivery but just got the usual "we are looking into your compliant" The day after i received the SD i sent another request asking for the the notice of asignment and the recorded delivery proof that i have received the notice but never got an answer. I then went to court with the forms to set it aside. I went to court in April (very nervous)> The solicitor for them was very embarrased as the DCA hadn,t given her any imformation on my file, the Judge said he would set another hearing. The next time i was a lot more comfortable i used the argument of they had not responded to my CCA within the time limit, no default notice and they could not produce the notice of asignment. I walked out with big smile and costs awarded to me. A cold beer was well deserved -
Hello We all owe something to someone some where. What is yours for ? is it a credit card ? if it is you could do as i have done. I have asked the DCA and Barclay card for a CCA,proof of letter of asignment etc. Barclay card have responded to this with terms and conditions but no signed agreement and the the DCA have not responded. I then used this in my defence on the set aside form there are many letters on here to copy, if you cannot find it i can let you have what i have used. I then asked Barclay card for a SAR i paid with a £10 Postal order and used Royal Mail special delivery. When it came a week later i went through all the credit card charges that added up to £920 with interest i then sent a standard letter asking them to pay them back they responded with standard letter, i then sent another telling them to pay back in 14 days or i will issue court action without further notice. A week later i received a letter saying that they will credit me the £920 and barclay card will notify the agency reponsible for my account and amend the balance accordingily. I believe if i make it to court this will strenghten my case as the DCA is chasing the wrong amount . I hope this helps Woody
-
Ive set aside mine as well using no CCA, no asignment debt delivered by recorded delivery etc, the SAR turned up to today and there is about £250 charges + Interest that i have not claimed back on my old credit card. I am going to claim these back but i am not sure if i can still, can anyone help as the account is in dispute.
-
I received the same hand delivered SD. I had just put the children to bed and i had a visit from a nice gentleman who resembled a 1980s doorman. The demand was through Lowells for a old Barclay card/Goldfish account. I have checked my credit file and Lowells not Barclaycard have defaulted me. I have not received a letter of asignment from Barclays. I sent a CCA request next day to Lowells with £1 postal order, and a SARs to Barclay card by special del . I have not used this card for a long time but i am not sure if its been 6 years. I am going to court over next couple of days to have SD put aside. I am not sure of what defence i should use i think i am in the same boat as yourself.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.