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  1. trout

    Trout V Cap 1

    Understood DX , thanks for your advice cheers, trout
  2. trout

    Trout V Cap 1

    Why should I not inform them that it is Statute Barred ? I understood that they cannot legally threaten Court action if they know the alleged debt is SB, and it is considered unfair if they try to mislead me into thinking the alleged debt is legally recoverable. Also, I understood it to be unfair practice for the creditor / dca to press for payment once I have stated that I will not be making a payment to the alleged SB debt, see s 40 (1) of the administration of justice act 1970. Cheers, trout
  3. trout

    Trout V Cap 1

    last payment was early November 2009
  4. trout

    Trout V Cap 1

    The debt is related to a Capital One credit card taken out pre 2007. In November 2009 I sent them a S78 request. I received a recon from them in December 2009 which I disputed They then sent a copy of an application form which lacked the prescribed terms stating that was my agreement in January 2010 In March 2010 they issued a defective DN In April 2010 they terminated I accepted their termination in August 2010 Debt eventually assigned to Lowells, I sent them a S78 request and got the same rubbish back. Lowells have sent various letters offering discounts etc but I have not contacted them other than the s78 request. last payment was early November 2009 Cheers
  5. trout

    Trout V Cap 1

    Hi, What constitutes contacting a Creditor / Acknowledging a debt as far as SB is concerned ? eg does a CCA request to the original or assigned creditor count ? Does accepting unlawful termination count ? Does in any way disputing the account count ? thanks
  6. Again, a big thanks to all of you for your help and support. I would also like to extend my gratitude to Andyorch for forgiving my undeserved wrath in posts 133 & 134. I know Andy that you work tirelessly for the benefit of others and I was out of order. The fact that you were the site team member who put this thread in the success category speaks volumes about you.Thank you Andy. Cheers, trout
  7. OK, Application to Set Aside Successful, respondent ordered to pay over 2k in costs. Grounds for the Set Aside are briefly - a) the enforceability of the regulated agreement underpinning the debt is strongly disputed due to numerous breaches of CCA 1974 and the Bankruptcy Court is not the appropriate place to investigate these breaches. b) the respondent is put to strict proof that the alleged debt has been properly assigned. c) the Default Notice was bad ( see post 125 above ), the applicant relying on Harrison v Link. d) the Respondent is in breach of s 78 CCA 1974 as my s 78 ( 1 ) request only yielded an UNEXECUTED agreement with INCOMPLETE and MISSING terms,rendering the respondent in ongoing breach of s 78 ( 1 ) cca 1974.The Applicant refers the Court to s 78 ( 6 ) cca 1974 which precludes the Respondent from proceeding with bankruptcy whilst it remains in breach ( see post 125 above ). Hope this result will be educational,helpful and inspiring. Again, thanks to all who contributed to this thread. Kind Regards, trout
  8. Thank you so much bb you have been so informative and sensitive. take care, trout
  9. thanks again bb,you have been very informative, But do you or anybody know how my brother or his ex partner can be deemed the main carer in a 50/50 residence split ? ie schools will be x 2, doctor,dentist etc x 2 child expenditure ie clothes,toys, food etc 50/50 cheers, trout
  10. No he was not working before they separated, as he was at home looking after my nephew ( another story ) Are you saying he can get help to pay for a child minder whilst he is at work and my nephew ( pre school age ) is at home ? thanks, trout
  11. Thanks bb, have you any idea about the Income Support problem ? I just don't see how he can go on with no financial help as he cannot work when looking after a 27 mth old.
  12. Hi, My brother recently split with his partner ( over three months ago ).He now lives apart from her with my young nephew.He was the sole carer for the first 6 weeks ( approx ). They then went to Court over custody and an intrim order gave residency to my brother with my nephew stopping with his mother for two nights a week. The court has now decided upon indefinite 50/50 residency. Throughout my brother has not received any financial support other than a couple of small crisis payments and the odd food parcel. He has been told that he cannot get IS because he needs to be in receipt of the Child Benefit, which we assume his ex is getting. He has been to his MP but has still not received any financial support. Can this be right ? Also, as custody is now split with each having my nephew for 5 days at a time, how are future benefits going to be paid ie for 5 days my brother cannot work but then for 5 days he could / can the Child Benifit be split at source etc BTW my nephew is 27 months old. thoughts please .
  13. It does not matter what is in their T & C's, what matters is what is in the CCA 1974 as that is Statutory Law !! They only did to you what you allowed them to. As said, wake up and smell the coffee. I suggest you read up on consumer law as a matter of urgency. Take care trout
  14. Of course both Dotty and Fletch are right and I sincerely apologise to you Andy, you were not deserving of my comments. I do realise that you give a lot of yourself to others. I just felt, albeit wrongly, abandoned. I do feel however, that on matters of such importance,that unless you really know your onions then it is perhaps wiser to not comment at all, and that applies to everyone across the Forum. Anyhow, at the last minute I received professional help and the Court received my Witness Statement on time. I will post up when I can. Again, I really hope that you can forgive my unjustifiable outburst Andy. Cheers, trout
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