Went to court today, judge took about 2 mins to set aside the SD!!! The agent had no paperwork whatsover with him, so the judge said they shouldn't be taking me down the bankcruptcy route!!! Thanks for all your help guys, what a relief!!!!

Well.... I have my "set aside" hearing very shortly and to date all Lowell's have sent me is their own statements, none from the original creditor though, no signed agreement. The Original creditor did not even reply to my CPR31.14 or SAR letters, I suppose I just have to see what they bring to the hearing??

Thanks will amend, Just PM'd you form 6.5 thanks Dom

Just Pm'd you form 6.4, where is says Title do I put in Lowells v Domino11?

That;'s fine, many thanks Dom

Thanks 42Man, would it be OK to PM you with my completed forms for you to check before I take them to court this afternoon, thanks Dom

And when I say statements, its statements from them and NOT Sav Credit!!

To be honest, all Lowell have ever sent me is statements. I have no idea if the Default notice is invalid as I have never receied one!!

Taking Forms to the court tomorrow to get this set aside, any late help would be appreciated!!

Thanks Teaboy, I have the letter I sent 1st Credit with proof pf postage, do I have to priove that they never replied or would it be up to Lowell's to prove that they did? Received letter from 1st credit Sent CCA Request 10/12 no reply Received 2nd letter chasing 15/12 sent further reminder 18/12 Received letter stating that they have sought the original agreement from the OC, no reply after that, thanks Dom

So i can use this in my defence then?

Had nothing back from SAV Credit after sending off the SAR and CCA requests, Lowells didn't reply to my CCA but did reply to my SAR stating that they would get back to me within the 40 day limit.

Just had a check back through all of my paperwork and I was originally being chased for this debt by both Robinson way and 1st Credit. I CCA's 1st Credit and they were unable to provide me with anything. Does this mean the account is in dispute or do you have to CCA ever single company that chases you??

A quick question, do I send the CCA and SAR to Sav Credit or Marbles??

Thanks Guys, There will be some penalty charges but probably only the £12 ones, no PPI though!!! Dom

The debt is in my name only!! I am going to CCA and SAR both the original creditor and Lowells tomorrow, anytghing else I should be doing?? thanks Domino11

Hi All, Whilst I was out at the weekend, someone called at my house and spoke to my other half (she did not answer the door only talk through an open window). She confirmed that lived at the address and he posted a statutory demand threatening me with bankruptcy. I've been reading like crazy on the forum and think I'm pretty safe but wanted to get some other opinions. Here are my thoughts/questions: 1. Can a process server serve the notice on my other half and ask her to pass it on to me? (He did ask if I lived at the address) 2. The Stat Demand has been served by the creditor Lowell Portfolio I Ltd and was assigned to them by SAV Credit Ltd in 2009 who are listed in Part C as the original creditor. The original account was actually with HFC (Marbles) and they are not mentioned at all on the Stat Demand. Does this invalidate it? Obviously, no supporting paperwork was supplied such as the notice of assignment etc... 3. To my knowledge I have never been served a default notice by either Sav Credit/Marbles nor Lowells. Is my best course of action to apply for it to be set aside on the grounds that I have no idea who the creditor is (although the card number is written in the Particulars of Debt)? Alternatively, should we apply to have it set aside on a longer reasoning based on the fact that the original creidtor didn't have a valid CCA or default notice. I did CCA a company called 1st Credit back in 2008 but they never came up with a valid CCA.. All thoughts appreciated, my wife will have to apply for this to be set aside by the 28th May at the latest. Domino