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d33

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Everything posted by d33

  1. Also if iask them to emaill a withdrawal , would this count as in writing? I am unclear on this. Thanks
  2. Okay thanks, would it be in. My interests to mention sar. With inaccurate account. Numbers which was sent 2 years ago, or not mention and rely on their non response to my cca. Request?
  3. If i get in writing from them that they withdraw the demand, can i rely on this without having to set aside?
  4. the paperwork that was sent to me by credit solutions ltd 2 years ago doesnt tally up, lots of statements and then a copy of 1974 cca with at the bottom 'sign here if you wish to cancel etc' , but my signature isnt anywhere and also the account number on this form is different to the one on all of the statements. I assume i should use this as part of my defense for set aside?
  5. Also by negotiating with them, am i as such admitting the debt and would this then destroy my defence when applying for set aside? . thanks
  6. ok, as i thought, so from my understanding try to negotiate with them ?( even though they probably 90 % dont have the correct paperwork), and/or get set aside just in case. Is it better to advise them of my intentions to set aside ? does it put me in a better position to make a deal with them? or should i just do it anyway. does anyone have experience of what they might accept as a final settlement?, somebody on another forum mentioned 20% , but i suppose that depends on what they can potentially get out of you.
  7. ok, from what i have read non compliance of cca is not much of a reason, and i dont want to stress myself for another 40 days waiting for sar response. I assume once i negotiate and get it in writing that they wont petition i am ok? or could they take monthly payments and then go ahead?
  8. I have a letter saying they were going to serve me the statutory demand on xx date, so this will surely be adequate? I cant really afford to risk the consequences of what could happen so i think the best option to speak to them and negotiate providing they withdraw the demand
  9. 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.
  10. I have read through alot of threads over the last few hours and im beginning to get in a bit of a panic. it seems this company have made alot of people bankrupt recently, these people all seem to be in a similar position to me. My main concerns at the moment are: - the date on the demand is nearly a month ago, even though i only actually received it last week (seems like a common practice of theirs)-- what if everything has already happened i sent off the cca request last week, once the 12 days have passed do i assume they dont have it(am i in the clear?), bit comfused as read somewhere they have another 30 days after this to produce Do i have anything to lose by getting a set aside (from what i have read no) but i find the layout confusing ie do i write ' the defendant disputes' or ' i dispute' , because when i tried to do this before a few years ago i was told by the clerk that i need to present it from my angle with bullet points. ie is it worth me getting a solicitor to write it for me ? A solicitor advised someone on another board that he had little chance of getting a set aside, and in fact getting one is harder than what is made out (often judges will side with the creditor) -If the statutory demand has been filed with my local court, would the court tell me over the phone if i ring , and do i assume they are 100 % serious about applying for the petition if they have done this. If everything does get to the petition stage, would i be given any leeway time wise to sort out repayment via a loan (which my father could possibly arrange), bearing in my mind i have a house which i really dont want to lose.
  11. i couldnt find the original cca, so i sent another one to them recorded delivery last week, the layout was similar to your letter but i didnt mention to them about me setting aside, should i also send a SAR to the original lender?
  12. So the 18 days is from yesterday? from what i have read it costs them £100 +to pay process server, so they must be serious (just odd that there isnt a name of a process server on form, just a signature). this has come at a bad time as i am away for the next few days, and really dont have my head on tonight to deal with this. but i will definitely be looking to get this set aside (if possible), which from what i have read so far seems easy, yet people are being made bankrupt for unsecure debts ?.....
  13. Does the 18 days count from when i received the demand was dated 13th sept but appointmemt was for yesterday and received it yesterday through communal entrance, thanks
  14. I will look when i get home. Also with the statutory demand there wasnt a name for the process server just a signature
  15. No because i was making token payments until around 4 years ago,i will need to check paperwork but im sure i sent request for cca around this time
  16. Received yesterday evening, date on demand is 11th sept, i assume date of service counts as from yesterday. Not statute barred, so need to find another defence to set aside, The demand was put through door in plain envelope, i had same problem a few years ago with another company connaught, which blem over, but for some reason i think this could be real from other threads i have read, really worried as i have a mortgage with equity,, any help would be grateful, excuse typing as on phone on my lunch break!
  17. Had alot of problems over the last year or so with first credit and connaught. Eventually they got a ccj which i was happy with paying £5 a month towards my debt, until i can pay it back in full. Have been doing this on time for the last few months since the ccj was made. They have now sent a letter saying i need to contact them, as i have not fulfilled my obligation to pay the debt an they will seek charging order, bankruptcy etc etc. Can they still do this? as i am meeting the courts requirement, or will they lie and say i havent paid, although i have the cheques as proof which have been cashed. I dont particularly want to ring these idiots, because im pretty sure i will lose my temper with them
  18. Just an update, i was issued with a ccj last month which i found a relief to be honest, never been through much stress as the previous few months. said on the forms i could afford xx per month, this was accepted by the court. I have since received another letter from Connaught entitled 'enforcement notice' we are dissapointed that you have not paid the mentioned sum of £xxxxxx we are now requested to take action to secure the recovery of this debt. is this another bluff ? am i wrong in thinking as long as i keep paying my ccj amount they cant do this ?
  19. It is for a credit card. Still unsure whether to defend it or whether to admit it and tell them i can afford a small amount a month. This worked with my one other ccj paying 5 a month. I still have another week, any advice appreciated. If they do get a ccj can they still go for bankruptcy after or does the ccj overide this ? thanks
  20. the claimant claims the sum of xxxx for debt and interest. the defendant was indebted to xxxxxxxxxx bank ltd for credit advanced. the debt was assigned to the claimant. notice of assignment was given to the defendant. and the claimant claims 1. the sum of xxxxx 2.statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8.00 % per annum from date to date, & thereafter a daiy rate of 1.12 until judgenebt or sooner payment if you wish to soeak to us regarding this claim then please call xxxx
  21. excuse my confusion again but as i am aware they can only push for charging orders bankruptcy etc if you dont fulfill the courts ccj requirement. which as i understand is what you can afford to pay( i have paid a minimal amount monthly for the last year and a half on my only current ccj with another creditor) as such nothing else has been pursued by them
  22. received the court forms judge and priestley , from northampton today , so looks like they are trying to get a ccj. i am paying £5 a month on my only ccj up to this point so if if comes to it maybe not a bad thing until i am in a better position to settle up. Does anyone know can they still push for a bankruptcy petiition even if i keep up with the ccj payments ? Still no CCA has been produced
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