Hi all, Today I have received an envelope from DLC containing photo copies of credit card statements from TSB regarding this account, there is also a letter from them and three sheets that they are using as default notices and an agreement. I have up loaded them to photo bucket and would be grateful if someone could have a look at them. One the letter they are offering a settlement of just under 50% if I can pay it within the next two weeks (which is impossible) The letter states that they are confident of being successful in court. They want me to tell them what part of CCA 1974 has been breached. I have marked the agreement where i have blanked some details out with notes 1 to 4, so I will try to explain them. Note 1) Date stamp has a different date to when it was signed (over a month later) Note 2) The date I signed Is several day prior to them signing (in the place where I've put note 5) Note 3) This has me signature but crossed out Note 4) Someone signature (must be someone from bank) Note 5) This had same date as note 1, but crossed out and new later date wrote above it Regarding the statements, the card number and card type changes at the same date as the one stamped on the agreement (note 1) Can someone please look at the photos and give there opinion. http://s898.photobucket.com/user/appo66/library/tsb/tsb- Also will they need to make a new claim or can they reopen the last one even it they didn't respond to the court's 28 days after my defence was sent. Thank you, Appo

Once again thank you for you help with this. I've added it to my affidavit. 1. That on xxxxx the statutory demand exhibited hereto and marked “A” came into my hands. 2. That I dispute the amount claimed, there is the possibility of mis-soldicon Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time. I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt. The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27. 27. So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collectionicon where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner) 3. The debt had been put into dispute in 2009 after CL Finance bought it. Although they said my s.77/78 was satisfied by them sending a printed copy of the terms with my parents address on it, and then two months later a photo copy of my application (dated 2003 and with payment protection insurance box ticked) I was toying with the idea of adding this as well or would it be contradictive as i'm only disputing the amount. (taken from post #2) http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-(Capital-One)-***-WON-COSTS 4. I believe that the claimants use of a statutory demand is trite law and merely a tactic to frighten the defendant into paying and thereby frivolous, malicious and a gross abuse of the process. I believe the claimant will not turn up to court to defend this demand and it is the defendants contention that use of the insolvency laws as a debt collection tool is an abuse of the Insolvency Rules. The claimant’s letter accompanying the statutory demand included invitation to offer settlement by way of instalments. With the fret and fear of a possible bankrupt partition being filed, I feel intimidated and had no alternative other then contacting the Claimants Solicitors to make a monthly payment offer; to wich they have agreed.

Thank you citizenB, The part that confused me on that quote was "PRO-Fit USA Ltd". I was thinking it was a quote from USA law case. I've added it to my affidavit. 1. That on xxxxx the statutory demand exhibited hereto and marked “A” came into my hands. 2. That I dispute the amount claimed, there is the possibility of mis-sold Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time. I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt. The applicant refers the court to the judgment of Mr. Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27. 27. So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner) Regards, appo

Hi, I've read through the thread, but not sure what case law I could use. The only thing I'm disputing it the amount claimed and i'm willing to pay the debt once the true value is known, so I cant use case law for CCA request or default notice /termination notice, So am I just clutching at straws with the set aside? thank you appo

Thank you citizenB, if I was to put my witness statement as: " 1. That on xxxxxxxxx the statutory demand exhibited hereto and marked “A” came into my hands. 2. That I dispute the amount claimed, there is the possibility of mis-sold Payment Protection and unlawful charges added to the account, the amount owed is not established at the present time. I have contacted the Claimants Solicitors and offered to make regular monthly payments against the debt." Would that be ok?

Hi, Ive emailed BW Legal with a monthly repayment offer but not heard back from them as yet. I have also stated filling out the forms for set aside, but not sure how to complete them. There is a part at the top marked "(TITLE)" do I do anything with is? on the form 6.4 ((d) State the names and addresses of the persons to be served) do I enter both BW Legal (sols) and Lowell, or just one of them? One the Form 6.5 ((a) Insert name address and description of person making the witness statement) Do I just put my name & Address, or do I need to describe myself as Applicant / Defendant? © Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside, For this part my grounds are the possibility of mis-sold PPI,so the amount is claimed is disputed, and I have contacted them with a monthly payment plan. Any ideas on how I can word it better? Thank you,

Hi unclebulgaria, I'm still a bit confused, would I need to apply for the set aside first, or contact BW Legal with a payment plan? Is there any template defence for set aside based on possibly mis sold PPI and trying to agree a repayment plan. thanks, appo

Thank you for the quick resonances, I was going to email BW Legal today with details of my finances and a proposal for the monthly payments, also state that I dispute the amount claimed due to the possibility of mis sold PPI and request the proof of assignment. (should they also have the default and termination notice?) If I do this and they don't agree what will happen next? would I still be in time to defend, and would my payment offer weaken any defence? The SD was posted through my post box on the 10th without any post date or proof of service, so can they say that they served it sooner to lessen my time to respond for a set-aside? Or if they agree to the payment plan what happens to SD? Sorry for all these questions, thank you, appo

Hi, I've been looking through my paperwork, and cannot find a letter that I should of sent to CL Finance to put the account in dispute. The only correspondence that I can prove is the CCA request. In 2010 they sent the signed application/agreement, and claimed they have satisfied my s77/78 request. So now I'm having doubts on whether I should defend this, also with being in poor health, lacking in confidence and the fear of being made bankrupt; I don't think I could be successful in court. If I was to contact BW Legal with an offer to pay the debt in small monthly amounts, based on a pro-rata this would be £11.00 as the debt is just over £3000.00 what would the chances of them agreeing to it, and also would I be able to try and claim back any PPI? Thank you, appo

Hi, Thanks for the replies, in addition to my first post, I don't recall ever receiving any default / termination notice from the original creditors. However, I do have a letter headed "Notice of Default Sums", (this shows a charge of £5.00 Letter / Admin Charge) sent to me in 2010. I will have a good read through the other threads tonight and tomorrow. once again thank you, appo

Hi, I've just had an envelop with my name wrote on it pushed through the letter box inside was a letter and a Statutory Demand. The letter is from BW Legal stating they have been instructed by Lowell to serve the SD. The debt had been put into dispute in 2009 after CL Finance bought it. Although they said my s.77/78 was satisfied by them sending a printed copy of the terms with my parents address on it, and then two months later a photo copy of my application (dated 2003 and with PPI box ticked). The SD shows CL Finance as the original creditor and Lowell as the assignee, (should this show the card issuer and CL-F / Lowell being both assignees?) The debt is just over £3000.00 last payment made to CL-F was in 2009, so should I try to arrange some form of payment to them, or is there grounds to have it set aside? thank you, appo

Thanks for the reply, Last payments was in 2009. Should I just leave it and see what they do next or send them a letter telling them that I don't need to prove anything?

Hi, One is an Adams store card and the other a Barclay card. I have correspondence from both OCs regarding my s77/78 requests and dispute letters, so it's clear that Fredrickson asn't contacted either of them. Both accounts are pre 2006, and have been passed around several DCA before Lowell. I't looks like they have bought the accounts without any info.

Hi all, Not sure if this is the right place to post this, if not please can a mod move it to the correct area. I've received two letters from Bryan Carter Sols for two accounts that Lowell are chasing. the first one has the correct account number and the second one has two digits missing from the end. Both accounts had been placed in dispute (2009). Bryan Carters' letters states that he will recommend proceeding to be issued after 14 days. I wrote back, telling him one account was placed in dispute in 2009, and I do not recognise the other account number apart from being similar to an account that was also placed in dispute in 2009. My letter also stated, if their client feels they have the right and valid reasons to go to litigation then they should contact me with any supporting documentation and their legal rights to the accounts. I also made it clear that I would defend any claim. Response letter fro BC Sols: Account on hold, and awaiting clients instructions. Received two letters the day after from Fredrickson International Ltd (one for each account) Saying that neither their client nor the OC have any records of a dispute on the account, and I should forward and correspondence evidencing a dispute or contact them with payment proposals. I've copies of the letters sent in 2009 of the s.77/78 request and of the in dispute letters both with proof of postage. the question is should I send them or just wait for there next move? thank you,

Hi, Just a quick update, I put in my defence, court gave them 28 days to respond or it would be stayed. I hadn't hear anything so rang court today and they haven't had a response,they then told me to just leave it at that. Thank you all, for helping me with this.

Thank you CB, just looked at the pdf, but a slightly confused with " It was agreed that due to the fact they are unable to dispatch documents, vital to my defence, DATE that an extension in accordance with CPR15.5 will be appropriate." would that date be my original cutoff date? Thanks, appo

I've just got the reply from my email, they have attached their letter of consent to the extension. The date is now shown without ambiguity. I will now send a copy of this to court to day. For my covering letter can it be in a standard format as long as it's head with " Re: Civil Procedure rule 15.5. " Thank you all,

Once again thank you for helping with this. I was starting to panic about last post, the letter and email was sent to them on Saturday and I gave them a cutoff date which would just give me enough time to meet the original date. However Friday and Monday are bank holidays so not to sure how that will affect my timing with Eastar Monday being the last day to submit defence.

After reading the reply, post #25, copied as below, I was under the impression that the court wouldn't allow the extension due to the letter not stating a precise date, so I have emailed and wrote to DLC asking for them to agree in writing stating the date for my defence being 29th April 2013 However, I will send the original letter to court tomorrow. Copy of post #25 "another ambiguity re the cpr 31.14 'template' letter re an extension! generally, a specific date re an extension to the def deadline being a date up to 28 days from the original deadline is needed to avoid any ambiguity. then for def to notify the court of the agreed extension. don't rely on their 'hold', stick to all court deadlines. if you still want an extension (up to you. they replied outside of the 7 days, but you did offer them more time if required in the letter subject to a def extension) then get them to agree and confirm in writing (or email) a specific date (eg xx/xx/13) being up to the 28 days from the original deadline . once received, then forward that to the court headed re Civil Procedure rule 15.5."

Thank you CB, I have received an acknowledgement letter (post #24) received it on 21st, post date 19th and date on letter is 12th so it took them a week to post it. basically says they are waiting for doc's from original lender, and they will agree to a 28 day extension to submit my defence. Will points 1 and 8 be useable because they haven't sent any doc's asked for under crp31, but they have now acknowledged the request. Thanks, appo

Hi Andy, Thank you for looking in to this thread. If the account is a transition from visa 2002 to master card 2006, are you indicating that they will need both agreements for their clam to stand up in court or just the one that they clam as being started in 2006. Which to my knowledge doesn't exist. Thank you, appo

I would say they are two different accounts. The first response from s78, TSB sent a letter with the account number (same as the poc (55--)) , say they have included a reconstituted version my agreement, and goes on to state that they don't need to include all details, and that they can leave out what they want. The three pages of double sided paper is just a computer typed document without any agreement number, the only link to me is my name and address is typed on the first page. Also there is one line of text that reads "These Conditions are effective from 1 October 2002" One week later they sent a second letter saying that they didn't after but have anyway decided to find my original signed agreement. again letter refers to (acc no 55-- same as poc)) but the photocopy is dated 2002 and date stamped 2002, right at the top of the copy there is a heading "TSB Gold CC direct acceptance form and agreement (at the side of this there is a 16 digit number visa number starting with 49) and the visa card is ticked not the master card. Thank you,

Thank you, citizenB, I can not find any paper work or default notice regarding this account other then the my 77/78 request and their reply, all under the same account number as on poc. The expense form that I prepared for the DMP only shows me having one credit card with TSB, like you say, the account must have changed from visa to master card. (the photocopy they sent is for the 2002 visa). Without any of the original paperwork I can confirm if the account had been changed from the original visa with or without my knowledge. However, I must have been aware of the account number, because My 77/78 request was made with that acc no. I came out of the DMP to try and arrange payments with the creditors directly, due to the total debts being very large and only a small amount the monthly payment was being sent to the creditors, the bulk went as fees, also when a CCJ claim form was sent for one of the debts they just told us to admit it and and sent the form to them. This just caused more worry, as we then expected more CCJs. Thank you, appo

Hi, I was going to send an email to dlc, but they have several email address on their website so not sure if my email would just be pasted around. With the court deadline for defense being 1/4/13 (33 days from 27th Feb), would i still have time to write to them and receive their reply before the deadline; also how does the bank holidays affect the deadline (29th and 1st). The letter will be posted today 1st class recorded or should I send it SD, I've pointed out the dates, and stated that I will need to have their response no later than 27th, so I can send it to court before the original deadline 1/4/13. Ive now found the email address for dlc litigation's department, so I've also sent an email stating the same to [email protected] Thank you,

HI, I've received a letter from direct legal & collections saying they have been passed a copy of my cpr 31, request, from Aplins. It states that they acknowledge my request, and they are wait for documentation from the original lender and will pass it on to me in due course. They are saying that the account will remain on hold until they have passed the doc's onto me. They have included a para, stating that if i need more time for defense, they will consent to an extension of 28 days. Do I need to contact the court to ask for the 28 days, if so do I put it writing and include the letter, do I send DLC a letter to say I want the 28 days? Their letter refers to to my cpr31, dated 5th and their reply is dated 12th, but the post mark is dated 19th, so when will the 28 days be from? If they are waiting for documentation for the original lender, could I use that to my advantage, as they have used info in the poc without holding the items that they need to rely on? Thank you, appo