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PlumeDove

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Everything posted by PlumeDove

  1. Success! Statuary Demand set aside, the Judge was not happy it was used as a means of establishing a debt. Thank you to all for your help, esp unclebulgaria67
  2. Hi thanks very much for your reply, I informed BW debt was stature barred (email and post) a few days after receiving the statutory demand. A the same time I submitted the application to set aside, as time was running out. A couple of days ago I heard back from BW (via email and post) saying they did not believe the debt was stature barred due to the balloon payment / default in 2010 (I have never received a 2010 default notice, nor did they enclose a copy of it with their letter) Their response prompted me to search again through my paperwork and that’s when I found a default notice dated 2007. I am sending another letter to BW enclosing a copy of the 2007 default notice so they should receive this information before the hearing date. I will also ask for a copy of the 2010 notice they say they have but not sure if I have to send a SAR? Also, is there any way I can amend my submitted witness statement to include a copy of the 2007 default notice? Thank you, appreciate any help with this!
  3. I have a hearing date on the 21st July. I have my copy of the default notice (2007) can anyone tell me if I need to submit this to the court before the hearing, or do I bring it with me on the day to prove the debt is stature barred? Thank you
  4. Hi thanks for your quick reply, yes its a default on the account ' This Default Notice now served on you...' ( the HP agreement account number is on the letter ) Sorry, not sure what you mean about keeping track of the costs?
  5. I searched out my copy of the original Default notice, its actually dated March 2007 so earlier than stated above
  6. Thanks for your replies, I have already submitted the paperwork to the court to set aside, with a defense of stature barred. (I had a letter back from the court to confirm the application is in process) The last payment was definitely made in early 2007, I have paperwork to evidence this. The original creditor issued a default in 2008, they were advised to remove it (please see my earlier posts) but I'm not sure if they did as I have had no correspondence from them since the FOS got involved. Thanks again, appreciate your thoughts
  7. Thanks for your prompt replies The email stated; “The content and relevant sections of the Statutory Limitations Act (1980) quoted within your communication are noted. However in this instance our opinion is that section 5 of the Act is not applicable. It will be argued that date of last cause of action in this matter is May 2010 when, as per the terms of the Hire Purchase agreement you entered, the balloon payment of £1,713.00 became due. Accordingly the earliest the statutory limitation period can expire is May 2016. It should also be noted that the date of default notice (issued to your current address) was dated May 2010. Despite previous correspondence we have not been made aware of any previous complaint and we fail to see how any complaint would be upheld when such a small portion of the balance required under the terms of the agreement £8,335.51 due with £1186.51 repaid) Nevertheless if details are supplied we will give them due consideration. At this time we do not intend to withdraw the Statutory Demand” As mentioned above I have never received the Default Notice they refer to and my credit file is clear. Thanks again for your help
  8. I have heard back from BW Legal who say the alleged debt is not stature barred because; -A balloon payment became due 2010 therefore the debt is not stature barred. -A default was issued in 2010. (I did not receive any default paperwork in 2010 and I have just checked my credit file today and there are no default notices showing) Not sure how to move forward, can anyone offer any advice please?
  9. Thanks Andy, appreciate your reply! Can you let me know if I put costs in at the same time as the set aside paperwork?
  10. As mentioned above I emailed the contact provided on the Statutory Demand letter today and have received a reply… ‘I am currently out of the office returning on 25.06.15 I will not have access to my e-mails. Should your query be urgent, I would ask that you contact my colleague (name) (Email address) or (phone number) BW Legal will not be put on notice of any documents received to this e-mail address in my absence. This message has been sent automatically.’ I’ve re-sent the email to the address he provided but does anyone know of a specific email address I should use? Thanks in advance
  11. Thank you for the heads up, I think I will go pick up the 6.4 and 6.5 from my local court just in case as I need to go over them and hopefully someone can help me to fill them in :S Would you know if I need to enclose original / photocopies of documents with the forms (such as the credit agreement) or just take those with me on the day of the hearing? The 18 days are up on the 25th June. Thanks again!
  12. Ah yes, thank you that's an interesting point, I did wonder how the original creditor could sell the debt under the circumstances. Appreciate your ongoing help!
  13. Thank you so much! I have had a read through the links and along with your advice found if very helpful to write the email sent this morning and a letter will be out in the post this afternoon. (Recorded/Signed) really appreciate you taking time to respond!
  14. Thank you for your responses that is really helpful, I will phone and email BW Legal tomorrow. I only have till next Friday to submit the set aside so hopefully they will get back to me before then to withdraw. Not sure what the SRA is but will look that up. They did not carry out any of the FOS recommendations, I didn't get a refund of the service maintenance charges, nor did the goodwill payment get paid into the loan account, and they still continued charging for the maintenance service I didn't sign for. Appreciate the time everyone took to answer will let you know how it goes
  15. Thanks everyone for your replies! Details of the debt, sorry this is a big long winded... In 2006 I took out a HP agreement for a car through Sainsbury’s Bank (Freeway / Bank of Scotland Group) total loan £6,808.00. I was advised to add PPI to cover payments in the event of unemployment, so I agreed. I then lost my job in 2007 so contacted the creditor to claim on the policy but was told it had not been set up! They had in fact set up (and been taking money) for something called ‘Maintenance Service Charge’ instead. I had not heard of this before and did not agree to have it. I double checked my original paper credit agreement which clearly shows the PPI I had signed for. My agreement also shows the level of the policy along with the amounts to be deducted each month, £8.46. It also shows a box for something called ‘Monthly Maintenance Charge’ which has £0 in it. The creditor said even if they had set up the PPI they still would not have covered me for my claim of unemployment anyway, so basically I had not lost out!! I was not happy about being misled about the PPI cover and discovering my credit agreement had this error so I requested they put a note on my file ‘Debt in Dispute’ and complained to the Financial Ombudsman. Finally the matter was resolved in 2008 and I received a letter from the FOS with his findings: -The business incorrectly set up the wrong insurance cover Instead of setting up a ‘Credit Care Bronze’ policy it set up a ‘Maintenance Cover’ policy instead. This was discovered when you became unemployed and wished to make a claim on the policy. -When taking the HP agreement and insurance cover you were advised that the CCB policy included unemployment cover. The business had since advised this particular policy does not include unemployment cover. -The business issued a Default notice against you in 2008 because of non-payment of the HP agreement. You say payments were not being made because of your ongoing dispute. To make things right he went on to say; -The creditor should refund the ‘Maintenance Cover’ payments -They should make 12 monthly payments of £146.20 as a gesture of goodwill = total payment of £1,754.40 -Re-instate the PPI if I agreed -They should remove the default He went on to say he felt this offer was fair and brought the complaint to a close. I presumed all was resolved so waited to hear back from the creditor with the new credit agreement / corrected paperwork, refund of the charges and updated payments and once all that was sorted the final amount owed, but nothing came. I honestly don’t remember why I didn’t chase this up but I was bereaved at the time so it was a difficult period. Since the ombudsman’s findings the creditor has never contacted me with a corrected credit agreement or demand any payments. I have not been defaulted since the one revoked in 2008 and I have never seen any adverse information on my credit file. Nor have I been contacted by any DCA’s until recently by BWlegal. Having checked through paperwork the last letter I can find from the creditor is a 'letter of arrears' dated 2010 and the amount shown is £7,865.29. (no demands for payments ) As it has been 8 or more years since I last spoke to the creditor and 9yrs since the last payment was made I presume the debt is now stature barred so was shocked when BWlegal started chasing me in 2014 requesting full payment. I ignored their letters as I really wasn’t sure what to do. Then last week (11th) I had a doorstep caller who said they were working on behalf of BWlegal and I was served with a Statutory Demand Notice for £7,882.92. He said I have 18 days to submit a set aside otherwise I will be made bankrupt! He advised me to get a solicitor. I cannot afford a solicitor and not sure where else to turn for advice then I found CAG. I have the original credit agreement, copy of the agreement from creditor, letters dealing with the complaint from the FOS, letter from the creditor admitting their errors. Thanks again for your help!
  16. Hi This is my first post so thank you in advance for any advice Briefly, last week I received a Statuary Demand from BWlegal and I have a genuine dispute with the creditor (errors on the credit agreement) and I also believe the debt is now stature barred. The loan was taken out in 2006 and the dispute I had with the creditor was upheld by the Financial Ombudsman. I want to apply for set aside and understand I have to fill in forms 6.4 and 6.5 but I have no legal knowledge and cannot afford a solicitor, could anyone help me with the wording for the Witness Statement? The demand was handed to me on Thursday 11th June. Thank you in advance for any help!
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