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senac

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About senac

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  1. Good afternoon all, I am back home now with the following. A set aside Advice from the Judge that this will not go away. Total time from going in to coming out was 9 minutes. Before we went in I was approached by BWL counsel and asked for a chat so that we could see each others side of the story (Please tell me if I am going to get my arse kicked) I declined and said that I would wait for the Judge. The hearing started with BWL asking for an adjournment of 56 days in order for them to get the paperwork from LTSB, the Judge asked the "standard" question of "why issue a SD when you did not have the paperwork" BWL reply was " we did not know it was in dispute" Judge retorted with " you wouldn't until you issued the SD, would you?" I advised that this has been onging since 2008, also that they had had over 60 days since I asked them for a copy of the CCA and I did not think that another 56 days would result in this being produced. The Judge agreed and set aside :-D:-D:-D:-D:-D:-D:-D:-D:-D Then they asked if there was anything else, so I went for it and asked for costs. These were awarded more smiles for me. A big BIG thank you to all who gave advice. Although if this does come back to haunt me, I know who to call (and it is not Ghostbusters ) Thanks again.
  2. renegadeimp. Thanks for that, I am of the opinion that the worse that could happen is that the SD is upheld. From my wives IVA there is a charging order for 26K on the house by Northern Rock (sorry Virgin money, disgraceful as I had 2000 shares in NR before they went under) I will not be agreeing to anything prior to going in, but if they are insistent then I will go in with some hope. Senac
  3. Andy / dx thanks for the help so far My appointment is early afternoon I will update you all later when I get home. Senac
  4. dx, Thanks for that I have been able to sleep (well for a few hours) The debt is a disputed personal credit card debt. Which was only taken out as my business was hit. I was self employed from 1993-2008 and had all my personal and business banking with LTSB but when the recession hit me in 2007, I started looking at what they were charging me for the current accounts and started looking at the "unfair bank charges" and managed to get a small payment out of them for this. However the charges for the bank accounts had the following effects. [*]That I was mainly using the credit card for essentials, food and fuel [*]As a family my wife (the main wage-earner) entered into an IVA It is only now with hindsight that I realise that I could have gone for all charges under a hardship argument and that if I had done so then this would have wiped out all of the 3k on the card. However as I looked into it more i realised that LTSB had consistently charged me a "late fee" for making a counter payment in their branches on the due date for the credit card (also said to be a naughty practice by the OFT) so in 2008 I started with my first SARN (DSAR now) this was not replied to and followed up with another in December 2010. Unfortunately this is where I fell down by not going to the Office of the Information Commissioner after the 12+2 and when I did, I was told that as it had been over 12 months that I would need to start again. I made the last token payment on this in 2009, but as for "statute barring" as I have had communications regarding this I would have thought that the 6 year period has not started yet? (although others may know better) Thanks for making me aware of what I can claim in costs, is that £18 per hour for all day or just the time of the hearing? Although I am thinking that a counter-claim for costs may spur them on to push LTSB for all paperwork and bury me in that mountain.
  5. Andy, or anybody else who may be able to help. I have just been looking at the documentation from both Lowell and BWL and they seem to have made a schoolboy error, they have my name incorrectly. For example, Instead of John Smith. They have John J Smith listed on both their paperwork and the subsequent court paperwork. Now I am guessing that this could be remedied by informing them of the error which would give them the chance to serve me with amended paperwork, also extending their window to obtain the original paperwork from LTSB. Alternatively if I challenge that I am not the person on the SD can I raise this in the hearing. What a quandary to be in?
  6. Andy, thanks for that. Is the 6.4 and 6.5 the defence document that I submitted to the court? I think that I have the copies of the second CCA request, although these are on an old PC, although I do have a request from Lloyds TSB dated 8th Jan 2011 which was one of their stalling tactics of a document which gave them permission to release my personal information in response to my DSAR. Which I returned to them on 23rd Jan 11 although the information was never provided under this. Should going up against a solicitor worry me as I am not legally trained and all I have is from reading forums. As for costs, is it just the day off work and parking. I am worried that if I have to produce a pay slip that BWL will then know my take home pay. Is there a template for a costs bill.
  7. Evening all, I must admit that I am getting more than a little nervous now. I have been trying to prepare for tomorrow in terms of what I need and in referring to my affidavit, the grounds were. The alleged debt has been in dispute with Lloyds TSB since 2008 Lloyds TSB have failed to comply with a SARN in relation to this alleged debt They have shared information regarding this alleged debt with Multiple DCA's in contravention with a correctly served Data Protection notice, and then assigned this to Lowell Lowell have acknowledged my request for a true copy of the agreement under s78 of the Consumer Credit Act, and have agreed to place this on hold ( for 60 days but that they will not confirm this in writing) so that they could provide the documents but that this could take 12 working days (from 8th October 13) I have the following questions. What documentation do I need to take? I also have a "Notice of Acting" from BWL, does anybody know what this is? If this is set aside, can I claim for the day off work that I have had to take to defend this? If the set aside is successful, what can I realistically expect Lowell/BWL to come at me next with? Sorry to ramble but I am in bits and do not want to mess this up tomorrow as I am a householder with a wife who has just finished year 6 of an IVA (November) only to be served with a redundance notice on Thursday of this week.
  8. Morning all, I must admit that I am getting nervous now. I had initially received a letter from Lowell concerning a debt with Lloyds TSB (disputed since 2008). and thinking that this was another DCA threatbot promptly ignnored it as this was about the eighth such DCA to contact me and I had lost the inclination to send the "debt in dispute go back to the originator" letter. However when I received another I started to follow on here, just before I was served a SD by BW Legal for a disputed credit card debt that Lloyds had assigned to Lowell. When I contacted Lowell on the morning of October 8th (8am via e-mail which was replied to) they said that they would put this on hold for 60 days to allow them to get all paperwork from Lloyds, they would not confirm this in writing to me. they did write back to me to say that the required paperwork would take 12 days to get back from Lloyds. The server from BW legal served the SD at 7:11 pm that evening. I put in a defence to my court and have a hearing date for this coming Monday 16th in the afternoon. I have been following. others threads and there seems to be a pattern of advocates for BW informing the court that they are not able to proceed as they do not have the necessary paperwork. My concern is that I will get into court and the paperwork will be produced then, or that the judge will decide that he wants to hear this in full. Not being an advocate or litigator, can anybody offer any advice. Thanks in advance.
  9. THat sounds brilliant, Just what I needed to read, as I am ni a very similar situation and have a hearing date for next Monday at 12.30, I do have a thread which outlines where I am up to but could do with somebody giving some advice or at least working me over to see if I am in a fit case when I go befor ethe Judge. Please can somebody help
  10. This has been great, thanks for this. I am in a similar position and have a person called Sadia Ahmed who I am dealing with. Although she is seeming to ignore my e-mails despite Lowell saying that this matter was on hold for 60 days until they can provide the evidence. Today I have received a letter with a court date for 16th December so will be reading this thread to let me know what is coming up next.
  11. Good evening all, I am hoping that you can offer me some help, as the situation has moved on since the last post of 5th October. I did submit a defence on the following points. That the alleged debt was in dispute with Lloyds and that they should not be transferring a disputed debt That this had been assigned to Lowell without any notification to myself bedofehand That I had requested a true copy of the credit agreement before the SD had been served by BW legal That Lowell had agreed to place the account on hold for 60 days to give them the time to produce the original copy, Their letter said that they may take longer than 12 days (this still has not been produced as of 26th November. I have now received the documents back from the court advising of a hearing date, I am hoping that on that date BW will not turn up. However if they do, what are my next steps. Also I am not sure if it is relevant, but the name that they seem to have on their records and subsequently the court documentation is incorrect Any help is appreciated, and if I need to give more information, please clarify what would assist to enable any caggers to give me advice.
  12. Unclebulgaria, Thanks for that, It is my wife who is in the IVA, and had to take it into year 6 as we could not re-mortgage in yr 5 due to not enough equity in the house. I will refer this to the financial ombudsman as well, for their non-compliance to my statutory requests. Although I still need clarification on the following Does the fact that I disputed this with Lowell before the papers were served, make any difference As I need to defend this, how do I do so
  13. I am new on here, (registered last night) and hoping that somebody can offer me some advice. Some history first to see where I am coming from. Since 1996 I had banked with Lloyds TSB, I was self employed and in 2005 started experiencing financial difficulties which resulted in me taking on their credit card. The situation got so bad that I ceased self employment but had 2 bank accounts and the credit card which they all defaulted me on. After some reading on here I realised that the bank charges and "late" payments on the credit card could be challenged and started to do so by the following. Served them with a SAR notice covering all accounts, twice as they never complied with the first one Served them with a Data Protection Notice This did cause them to hawk these "debts" to most of the DCA's, which were usually dealt with by ignoring them, and if a second letter arrived then sending a letter asking for an original copy of the terms and conditions. However it seems that the de-merger of Lloyds TSB has changed their mindset, leading me to my current predicament. I think that I urgently need help with the credit card element, they have a debt figure of £3211.36 On 23rd July Lloyds TSB wrote me to say that they were assigning the debt to Lowell on 24th June, and advising me that "I am contractually obliged to please" contact Lowell. However this account was still in dispute with them. On 22nd July Lowell wrote to me for the first time with the opening line of "your debt is still outstanding" On 23rd July Lowell, wrote to me advising that they were the account owners and "before selling your account to us, Lloyds checked and found no reason why this should remain unpaid". Unfortunately, as I had received 2 letters from them on subsequent days I opted to ignore these. On 5th September they wrote again with the same paragraph of 22nd July. I admit that I did not read further, if I had then I would have read the paragraph "Assessing your credit file" where they stated that they had obtained a copy of my credit file and could see that I am a homeowner (Joint mortgage with my wife, in year 6 of an IVA as we could not remortgage for a yr 5 settlement) On 16th September, they wrote their last letter saying that they had tried on a number of occasions to resolve this matter, and as I had not provided a genuine reason why I had not contacted them that they would instruct BW legal or another firm to contact me. This as where I made my fatal mistake, having received threatbots from other DCA's working on Lloyds behalf (Moorcroft, Apex, IQor to name a few) I totally ignored this. Yesterday I returned home from work to find a scrap of paper which had been pushed through my door from a process server working for BW Legal. Last night I did the following Found this site, read lots of posts,registered on here, so that I can post. Completed an information handling complaint to the Office of the Information Commissioner 1.10 am this morning Requested a "true copy" of the credit agreement, in accordance with s77/78 of the consumer credit act 1974. This was sent via e-mail to Lowell and cc'd to the e-mail address on BW Legal's site. 8.08 am this morning Tonight at 7.11 pm the process server turned up again, and served me with the documents. Although on reading them I notice 2 worrying things The paperwork is dated 25th September They have my name wrong, they have my correct first name, then a middle initial which is the same letter that my forename starts with ( I have no middle name), the surname is correct. So I know that I have had use of a credit card, but am frustrated by the following I only used it to buy essentials, as I could not use my current account due to the bank charges levied on it, which despite requests, Lloyds have never paid back. They (Lloyds) have never complied with a SARN, which would allow me to see if all charges applied were relevant. (Some were for payments made in branch before my due date not hitting the account until after it) They have not complied with a Data Protection Notice on my accounts with them. I am fearful that they will also use the same tactics for the current account details they hold. I know that I will need to defend this, within 18 days How do I do this. Does the 18 days start today, tomorrow as the document was served at 7pm, or on the 25th September as the SD is dated on that date Sorry for the ramble, hope that all information is there, thanks in advance for any help.
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