Thank you, Andy - I appreciate you taking the time to help me out I'm not familiar with section 69. I'll have to do some research on that. Do you think that there would be any chance that they would accept a settlement, or do you reckon they'll dig in and refuse?

Anyone? Please?

Hi all. Need some advice, please DH had an Egg credit card and we defaulted during a rather dark period of our lives. The account was passed on to Bryan Carter who took him to court in Jan 2011. We didn't contest it or turn up to the court date (which wasn't in our local court, but some 200 miles away) and a Charging Order was placed on our property. We're currently trying to sort our financial affairs out as we want to move next year. The "amount owing under judgement or order given on 18 June 2010 by the court, together with any interest becoming due and £268 the costs of the application" Surely, as the amount is under £5k, interest would not be payable? Is this just standard wording, or have the court given them carte blanche to charge us for that too? We have been paying £30 a month to Bryan Carter since 2011 but have never received any statements of account and we now want rid of this, so that we can start to repair our credit rating and get the charging order removed. Is it possible to attempt to fight this retrospectively? We have never asked for CCA's to prove liability or that the agreement was worded correctly; or for any statements of account on the original debt (and we know how bad these companies are for just plucking figures out of thin air! We're sure that the original debt was not this much) Is this worth doing now, or a bit pointless as it has already been through court? Alternatively, how open do you think they would be to accepting a full and final settlement for less than the amount outstanding? Many thanks for any help you can provide.

Anyone? Please?

Another update: the court have written back to us to say that a date for a hearing of the application to set aside the statutory demand has been set for 8th May. Panic is setting in slightly - are we supposed to go to this? We have no idea what happens at this hearing or what we'll need to do. We have no information about the accounts, as BW legal still haven't got back to us, so could really do with some advise. Please help!

Quick update: Have applied for a set aside and have received a letter back from the court saying that we won't be given a hearing date immediately, as it will first refer it to a district judge. Apparently if the judge considers that our application shows no cause for setting aside the demand, the application may be dismissed. If its not dismissed we 'will be sent a time and date when the application will be considered'. Does this mean that we may have to attend court? And what happens if they dismiss our application? In the meantime, we have been in contact with BW Legal and have asked for account history and a copy of the original credit agreement, but haven't heard anything back yet. Many thanks

You're a star Andy, thank you for your help

Ok, so they don't need to apply to the court for a stat demand, but we need to apply to have one set aside - seems a bit odd to apply to effectively 'cancel' something that hasn't been 'registered' but ok lol. Got it. Thank you for your help. I appreciate it

BW legal said that we need to apply to the court for a set aside. Their paperwork states which courts we need to apply to for the set aside... I'm confused. Are they yanking our chain?

So why do we need to apply to the court for a set aside?

Thank you for the templates, Andy, we have used these and sent them off to the appropriate courts. As I was doing so I realised that we hadn't received anything from the courts regarding a statutory demand. If BW Legal/Lowell's had applied for a statutory demand, surely we would have received something from the court - am I right??

UncleBulgaria, thank you so much for taking time to reply - I can't tell you how grateful I am for your help. Hubby checked his credit record (turns out there were also a couple of anomalies on there relating to other things on there too - we'll deal with that later). It turns out that the debt relating to this matter defaulted in 09, so it's still current. Can I please clarify: how do we request that the SD is set aside? Is there a letter template, or do we do this over the phone? Many, *many* thanks

We have an old credit card and overdraft debt from Lloyd's that we have ignored for a long time (we've been fried by far bigger fish than this over the last few years!). On Friday we received a Statutory Demand, from BW Legal on behalf of Lowells. Harsh (yet effective, I suppose, as I now realise that we can't ignore them any longer). I've had a look through the forums and there are so many threads, but all with different factors and I'm struggling to get it all straight in my head. I hope nobody minds, but I'd like to ask some questions to make sure I understand things properly and would be extremely grateful for any help and advice anyone can give. I have a feeling that this debt is over 6 years old and we have not spoken to or responded to any letters for a long time (I know - daft). How do I find out the date of when this debt became due? If it is over 6 years, does it still stand? The amount is for £3,585.50 and includes a credit card and overdraft. I don't know if this amount is correct (I've had experience of debt collection agencies pulling figures out of thin air) although we have until 23rd April to get this sorted before they start bankruptcy proceedings, would it be wise to ask for a copy of the original credit agreement and a statement of account, to see what the true figures are? Once we get this information, or accept what they're saying, can we make an offer to pay a smaller amount as full and final settlement, or have we lost that chance now? We can pay most of it, as we are owed some money by my parents who are currently selling their house, which they can repay to us once the sale has gone through (which could be within a few weeks, but both sides are dealing with solicitors who don't appear to be in any rush - it's been dragging on for 6 months already!!) can we ask for an extension on the payment date? With regards to getting in contact, should we phone them or send a letter? Do we ask for the demand to be cancelled? I'm afraid I'm a complete debt dunce, so you'll need to speak up and talk slowly Many thanks