Okay, just read that. But when I received my paperwork back. I received a separate sheet entitled 'order extending the time to apply to set aside a sd' with judges name etc upon application,...... And uponreading the evidence it is ordered that time be ordered to set aside extended to The date when I handed it in. Any evidence in opposition to applications. Must be filed 2 seeks before etc. sorry meant to post on other thread not sure how to delete

Hi, I think you misunderstood what I had written, reason for lateness has been accepted which is why I have a set aside hearing date. From what I have read on other threads, and the fact Lowells haven't responded in any way to my cca request etc, I don't expect them to turn up to the hearing. I just would like to make sure iam prepared for the hearing. From what I can gather I need to summarize what I have put in statement quoting case law etc, is this true or will the judge just read the statement and make adecision?

yes thats right. Can anyone advise me on how i should prepare for the hearing? ive read various aother threads, but im not 100 % clear

i just had to state reason for being late to set aside on the statement, which i didnt do before

the hearing date is set for next month. Just wondering what i need to prepare myself for, the judge i assume will have read through the statement, what i have sent is quite detailed. will they just read through it and ask me questions, what sort of questions are they likely to ask? i havent heard anything back from lowells regarding the set aside application, is quite likely that they wont turn up ?

ok thanks will do

so to clarify will i need to do a completely new application and have it all witnessed at court again?

she said just fill in the late form and send £35

if i needed to amend the 6.5 to mention this i would have thought the clerk would of told me this, they were heavily understaffed but this is basic

i didnt put anything, because when i turned up to the court i thought i was at the right one and i was within the 18 days( i spoke to a court clerk the friday previous, who sounded like they were on work experience, to put it kindly who checked with 3 people that i would be in time if i submitted on the monday. On the monday i was told i was at the wrong court and i was given wrong information about the time to submit

Re: lowells statutory demand re #56, did they send that re form 6.5 or that 'extra' form you did? the letter is vague, i think i will ring the clerk tomorrow to find out exactly what i need to do

the demand was delivered by the process server around 3 weeks after the date on the demand, ( from what i have read, the date of delivery is what counts)?, also on the late form stamped by the clerk at the court i put down that the wrong court was on the demand(didnt mention that they were deliberately trying to deceive me though)

ok, just a bit confused about my next steps. im working evry day until next thursday, and the court is quite far for me to get to.

I received a letter back to day saying application to extend time for bringing the application to set aside was stood over by judge *****. 1) application needs to be amended to make application to extend time in which to apply to set aside. 2)the written evidence in support of application needs to state the reason for making the application out of time. --------------------------------------------------------------------------------------------------- they havent sent back any paperwork, they have cashed the £35 cheque and i clearly stated on the form which was stamped by the clerk, that the reason was for being late was they had put the wrong court on the demand. Any ideas what i do now? does this mean i have to go all the way to the court to refill in this one form again? this is dragging on

2 problems submitting my set aside forms yesterday : went to the court yesterday, despite it being the one on the demand letter, it was the wrong court, and despite being told on the phone by someone from the court that i yesterday would be within the timescale (as the 18th day was a weekend), it appears this is wrong, even though the person checked with 3 people I was told i would have to pay £35 enter another form explaining why for was being entered late, so i wrote 'wrong court put on the demand' i posted recorded delivery yesterday. It seems these companies are deliberately entering wrong courts to confuse things,when people are trying to set aside, i dint get a chance to mention this on my statement, but will at the hearing

thats right

also would it be in my interests to mention this in my 6.5 or keep it simple? Ok i have found another box of paperwork, supposedly relating to this debt, and found my cca request recorded delivery slip ! the request was sent to credit rosource solutions ltd in 2010, to which they responded over a month later with various bits of paperwork one of them being credit agreement without a signature or date on it ! the account number on the credit agreement is different to the one on the statements that they sent.

ok, i need to have 4 copies of 6.4, 6.5, stat demand,letter that came with stat demand process server letter, cca request , and proof of cca request. anything else i have forgotten ?

im in the same boat:smile:

where can i find a link on how to fill in form 6.5 ? thanks

i have a letter from process server clearly stating that i will be served on the 2nd of october, so i believe i have until monday to submit? 18 days from date ignoring the weekend, as day before. think i am right ?

as far as i was aware all contact had to be with this person named on the form, or demand once again is invalid? I was told this person isnt available when i rang and passed onto somebody else who said it doesnt matter

It says this demand is served on you by the creditor : lowell portfolio 1 ltd signature of individual.... *position with or relationship to creditor: litigation executive with bw legal solicitors for the creditor *i am authorised to make this demand on the creditors behalf

I also asked him to withdraw the stat demand otherwise i would have to set aside, which i want to do he said it wouldnt be withdrawn just wouldnt be followed through with. Now i am a bit stuck with what exactly how my defense should be worded, any help would be grateful thanks !

ok, i spoke to the legal firm this morning, had to set up security questions etc, asked to be put through to person named on stat demand who wasnt available (earbells ringing), passed me onto a colleague, explained the situation that i had sent cca request etc 14 days ago, he said they had passed this info back to their clients, who have said that they cant produce any documents and as such they wouldnt be able to proceed , and the alleged debt would just be passed back to them. I was kind of suspecting this, but was also on the verge of offering payments to get them off my back. but then i am also a bit concerned that they are lieing, and just want to bankrupt me.