Shree420
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Thank you so much Citizen B. I pray that you always have the strength to keep up the fantastic work you all do Yes Ford they have sent me in writing that they accept my offer and they do not want to involve any third party.
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Last night I really decided to take the bull by the horns. The choices to me were: a) Apply for it to be set aside for the reasons as suggested by THE MOULD b) Take my chances at a petition and explain to the judge about my illness, reasons for this debt, willingness to pay with a very reasonable offer and the length of time taken for IG to chase ask for the money c) Try and appeal doing my very best (with honesty and integrity) to the creditor Last day for the SD to be SET ASIDE would be Thursday but I would need to do tomorrow (Wednesday). I opted for © and bypassed the solicitors completely and went directly to the creditor. I went through my illness, my willingness to resolve and asked them if they got my letter from the solicitor. They had received it just this morning but despite that she was amazingly compassionate and understanding. SHe went through the facts with me and accepted my offer but also agreed to cancel off the interest and put it on hold provided I pay the £100 on time monthly. I feel totally relieved. Its such a massive weight off my mind. Reading some of the comments in this thread, I really did fear I could lose my family home of the last 24 years. In a way I just wish I bypassed the solicitors sooner (who were obviously happy to build up a massive bill) and contacted the creditors directly immediately. That is my learning curve and advice to anyone in the future facing a similar issue. Go direct to the creditor whatever the case and talk with them one to one. Try and appeal to their better nature. Thank you all but a massive thank you to THE MOULD who persisted in trying to help day and night and showing true compassion (feeling another persons pain)
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Whatever the case Gastro. They have sent me this as a reply in response to that. So it is still very useful to have a copy of the customer agreement for this. I passed your request on to our Compliance department and they have advised me that as you did not have a credit account with us there is no "credit agreement". There is however a "Customer Agreement" which you would have agreed to when opening your account. I have requested a copy of the relevant Customer Agreement from our Marketing department and will forward this to you once I receive it.
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Wow thats a deep post and in places spiritual. I myself am very religious and its faith that is getting me through this. We reap what we sow. So that is why one cannot just wallow in self pity at times like this. I got myself into this mess (due to very poor ill health) and hence now I must do whatever I can. The rest I leave in his hands. We are all destined to meet and I was destined to meet you on this path. Agree with all your posts re: Debt. One only needs to research Illuminati and Rothschilds to see the past, present and future. Banks are the biggest [edited] and they get away with murder. Look at Barclays and the Libor scandal. If anyone in business did that they would be jailed. However Bob Diamond got a 9 million payoff for fixing interest rates and affecting anyone who has any loan. Anyway probably best not to get started on this subject. I just hope I get through this and will do whatever it takes to do so for the sake of my family. Thanks again. I will apply to set it aside on Monday.
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HERE YOU GO THE MOULD This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I am enclosing a cheque made payable to IG Index for the sum of £101.00, with this letter (£100 towards the amount owed of £10712.89) and £1 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully
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Thank you so much for your continued concern my friend. You are an amazing human being. Really humbled by your help. Yes I got this today from them by email. The "third paragraph" is re: a letter I sent them for a CCA request. Not sure how this effects my "Set Aside" other than now I can say I am in "negotiations" with them to clear the debt. We acknowledge receipt of your letter of 14th August and the cheque for £101. We refer to the third paragraph of your letter and as we are clearly not the creditor, but the solicitors acting on behalf of the creditor, we have forwarded your letter to our clients for their response and instructions. Yours faithfully
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Its a total pain for me. House is in my name only and debt is in my name only. However wife has been here since we got married in 1993 and children have been here since birth.
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Gaston ... Surely it is worth trying to set aside. One has nothing to lose by trying? Provisional grounds are as follows ... a) Creditors only just contacted me after 4 years and not really tried discussing this debt with me, instead just going straight for a bankruptcy petition. b) Amount is disputed as there is suddenly an amount of backdated interested added to debt. Requested the CCA that they refer to in their comments on the stat demand. Awaiting this CCA. c) Have offered a reasonable amount to try and clear this debt as best I can and am in negotiations with the creditor.
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Thank you so much Gaston.Are you saying absolutely no point in setting this aside. Do you suggest I just let them go for the petition and then deal with my case then with the judge direct? Is that not highly dangerous? Sorry for so many questions, but my time limit to SET ASIDE is fast running out Thanks in advance
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Thank you again everyone so far. THE MOULD .... Please do not feel bad. I am eternally grateful for you taking so much of your time and trying your very best to help. All information is useful. I will need to recap where we are up to. I take it you are saying that the CCA (Creditor's Customer Agreement) request may n ow be meaningless. SHould I still SET ASIDE this or just leave it to a petition?
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Indeed there was no request made whatsoever Mould on this debt between late 2008/ early 2009 and 2013. Not one letter, phone call etc. First I have heard form them since 2008/2009 was 12/06/2013 in which a solicitor wrote to me telling me that they had been instructed by IG Index to recover this debt.
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"Interest on has accrued on the sum of £10,712.89 at the rate of 4% above base rate in accordance with Term 15 of the Creditor's Customer Agreement entered into between the creditor and the debtor from 16 March 2008 to the date thereof in the sum of £2,938.29)" This was the line they added to the Statutory demand, so they used "Creditor's Customer Agreement" and I asked for a CCA basis that. It has not arrived yet so sadly I do not have it and was not aware I have signed one.
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THE MOULD made a very valid point on this in #26. They quoted me the CCA with regards to charging interest and backdating interest in the stat demand. Their letter and all correspondence never quoted any interest and always a total amount of just 10,712.
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Thank you so much for the above threads THE MOULD. You have been a Godsend with the rest of the great guys here. As I see it, with all your great help guys, I see 4 points for the Set Aside: a) CCA requested but not yet given/arrived/complied with b) Offered a very reasonable £100 per month to clear this debt c) Disputing the amount as at no stage was I told the debt is 10,712 + interest until I received a stat demand d) Not gone through proper channel. They should have applied for a CCJ and not gone straight for bankruptcy e) No default notice received whatsoever prior to the stat demand. I am not sure about (d) as I picked that up from other threads here (Lovells etc.) Also do I mention (e) at this stage or at a petition as does that not let them just send a stat demand now or if this is SET ASIDE then send a stat demand? Is this what i should base the set aside on (using much better and clearer wording) or are there other points to mention in the SET ASIDE forms?
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You are too kind The Mould. Started reading that thread. I am upto Post 71. I am sure I will need help on the exact wording of my reasons for SETTING ASIDE as your brilliant link to that thread above is about "statute barred" reasons for SETTING ASIDE. I think it will be basis this: I am disputing the debt they are asking (ie. where the interest has come from) I have asked them for a CCA and no reply yet. I have made an offer to pay the debt off but no reply yet. However your legal point must carry the most weight: "Did you receive a valid statutory default notice pursuant tos.87(1) of the CCA 1974 (as amended) (“the Act”) , from your creditor? If no such valid notice has been served onyou prior to these SD proceedings, then the creditor cannot proceed with thisaction against you as he is not entitled by virtue of his failure (potentialfailure at present, until you confirmthis particular area of this matter) to comply with the statutory provisions ofsaid s.87(1) of the Act. This isestablished law and sufficient grounds on its own to set asideicon SD. Research s.87(1) of the Act." Just not sure how to word that for the Stat demand. Mainly through my failure to understand the exact law. Thank you all of you.
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£100 per month. That is the absolute maximum I can afford (and thats with my wife's help) Oops too late. I sent the letter again today recorded delivery but without your wording re: admission of liability etc. I mentioned in that letter that they have a separate letter for the CCA request also and enclosed £1 fee for that.
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Awesome The Mould. You are a superstar! I will just wait for 42Man and then hopefully get the forms filled in and handed to court on Friday to have this SET ASIDE
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Also how can I SOS 42man. I could really do with his help by the sounds of things to ensure I get the SET ASIDE right. Many thanks in advance
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Thank you UncleB will do. Thank you so much Mould for this detailed reply. This debt was with a spreadbetting company in 2008. The original debt (£10,712) remained the same all the time. The letter requesting £10,712 received in June 2012 was the first correspondence since 2009. The reason I have requested a CCA is that in the Stat demand they have added this line in ... Interest has accrued on the sum of £10,712.89 at the rate of 4% above base rate in accordance with Term 15 of the Creditor's Customer Agreement entered into between the creditor and the debtor from 16 March 2008 to the date thereof in the sum of £2,938.29) I do not know anything about this agreement and it has just been sprung on me in the Stat demand. Are all your points on this still valid basis the facts above?
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Hello all, Thank you for your help so far. This is where I am up to. I spoke with Stepchange and National debtline, Both went through my assets, liabilities and also income and expenditure. They proposed that I make an immediate offer of a monthly payment to them and explain my current circumstances. I did that last week and have received no reply. I have today written to them again asking why no reply and offering the sum again and also taking the liberty of paying them the first installment. I also queried the debt with them as they suddenly added interest to it. Debt was always noted as £10,712.89. The letter I got initially a month back or so was for £10,712.89. However the stat demand added backdated interest of £2,918.29. I have sent them a CCA request to find out how they added that. So can I now set it aside basis:- I am disputing the debt they are asking (ie. where the interest has come from) I have asked them for a CCA and no reply yet. I have made an offer to pay the debt off but no reply yet. Please can anyone help?
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Many thanks again. Makes perfect sense. I would love to see if a reason can be found to set it aside but on the face on it, it seems I do not fit into any of the criteria other than the letter received 3 weeks ago mentions £10,712.89 but the stat demand is for £10,712.89 + interest £2,918.29 = £13000+. There was no mention of this interest before. Thats one of my questions for National Debtline
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Thank you so much. I did call them yesterday and am waiting for a call back from the specialist after speaking to the initial person. I will try them again when they reopen in 5 minutes time
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Yes there is enough equity to more than cover the debt. That is why I cannot understand a bankruptcy petition as I am not bankrupt, just cannot pay the debt at this moment in time but can pay in small monthly installments.
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I am really humbled by all your kind offer to help and advise so far. I shall call National Debtline shortly and discuss with them after reading the link posted above. I will deal with the SAR also as advised. Thank you so much for SOS'ing 42 Man. Look forward to his say on this also and then deal with the above. Thanks 42 Man in advance for giving your precious time.
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Thank you so much Mould for your kind help also. How do I ask 42Man?
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