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mr_mill

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Posts posted by mr_mill

  1. Although no name of a process server was given , there was an address and I think I've worked out just who the firm of process servers are & they are licensed. Although the address given appears to be an serviced office address which many business's use.

     

    Just an update...

     

    I've sent off my CCA yesterday & tracking shows it's been delivered today.

     

    On with my set aside and complaint to OFT.

  2. Thanks 42man.

     

    Just a thought, am I better off sending a statute barred letter because I have not contacted them or made any payments in what must be close to six years ?

     

    Does the fact that they have still been sending demands in this period mean that it is not statute barred ?

     

    I thought statute barred was if I hadn't acknowledged the debt in anyway in six years regardless of the DCA's attempts to contact me.

     

    Or perhaps, request a CCA and send statute barred letter together stating I'm requesting CCA because I believe this debt is statued barred unless you can prove otherwise,

  3. Firstly thanks again to ODC, 42man, seminole & angel_1.

     

    This has been going on so long I'm kinda past the fearful & worrying stage & just live with it but I'm postitive about getting it all sorted out.

     

    I'm going to read all this information try to set aside the demand and also CCA them.

     

    I shall also complain about their practices because I believe they used the first S/D 2 years ago as scare tactics & the process server has been knocking on neighbours doors to ascertain if I live at the address which I think could be considered as publicly embarassing for me.

     

    Also the s/d was not in an envelope so it wasn't kept confidential, I don't know if they should keep concealed but I just thought it should have been. Other family members could have read the s/d but thankfully I'm not hiding anything and that doesn't matter but to some people it does !

     

    Anyway , I'll keep you all posted.

     

    Thanks again.

  4. Hi All,

     

    This is my first post & any help is greatly appreciated.

     

    After about 7/8 years of being in debt it's time to lift this weight as things seem to be taking a more seriuos turn.

     

    I have various debts as a result of trying to keep alive a failing business by funding it with credit cards, bad move ! I now realise that but as we all know credit was easy to get ! I had banks throwing money at me, increasing my limits and there we have it, things quickly escalated and I found myself unable to service all my credit cards / loans.

     

    The business failed and I was left with creditors / DCA's chasing me for years.

     

    Anyway, I had a debt which was assigned to 1st Credit and have had connaught chasing me. I received a stat demand via 2nd class post at my old address a couple of years ago. I ignored it and nothing ever changed, no brankruptcy petition, they just kept sending demand letters and reduced offers of settlement.

     

    This debt is now close to becoming statute barred (maybe 6 -12 months off) and I feel they know this and they seem to have stepped up a gear. I have received a stat demand posted through my door from a process server after a couple of failed attempts of delivery.

     

    I do own my house although not much equity exists if any and wonder if because this time they are using a process server they are more serious about following through with a bankruptcy petition.

     

    My questions are:

     

    1) By setting aside this S/D would I be acknowledging the debt and restarting the 6 yr time period ?

     

    2) Should I take a gamble & call their bluff by doing nothing & hope they don't petition & it falls into Statute Barred ?

     

    3) Is the S/D deemed as served after the process server posted the S/D through my letterbox when I failed to keep a written appointment with him/her ?

     

    4) Can they send me two S/D's for the same debt 2 years after each other or is this a breech and invalidates the s/d?

     

    5) The original credit card debt is loaded with excessive fee's, they were applying £75 per month in late, overlimit & returned payment fee's plus of course the PPI. Can I put the debt into dispute because of this ?

     

    6) Could it be an un-enforcable credit agreement ?

     

    I have so many thoughts running through my head and wonder which is the best action to take.

     

    I am not trying to get out of paying nothing but these companies have put me in a bad place & changed me. They have a lot to answer for and I feel I'm lucky to be here, people have done terrible things to themselves for far less than I've been through. My wife quite often expected to come home to something terrible. This torture and what I consider to be unfair charges and practices really make me want to fight them and pay less than they claim because I they've all ramped up my original debt.

     

    Thankfully, I'm in a really good place right now and can begin to tackle my debts and get my life back in order.

     

    I thank you in advance for any help.

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