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Found 37 results

  1. Hello all. I have been reading this forum for a while with great interest and gleaned some extremely useful information. I currently have a problem and I would be grateful for some advice. During 2002 bought £950 worth of items from a store on 1 years interest free credit. I didn't pay the balance within a year so it became a storecard with Clydesdale Financial Services (CFS). I kept the account in good order for a while but got into financial difficulty. CFS responded by placing charges on the account of between £20-£35 a time for sending out late payment letters (sometimes three times within the space of a month. Once twice within a week). At one point the balance of the account was down to around £450 but these charges crippled me and the balance skyrocketed. I'm pretty sure this card also came with mis-sold PPI. To cut a long story short I ignored the debt (wrong I know- I was young). By the time unfair bank charges became a topic of conversation this debt had disappeared from my credit report and the calls and letters had stopped. I adopted an attitude of 'quid pro quo'- the balance of the card was entirely made up of charges and I assumed (rightly or wrongly) that the company knew this and were no longer pursuing me for the balance. This assumption was strengthened by the fact that CFS seemed to disappear (I later learned that they were taken over by Barclays Capital Finance. I decided to let it lie and not rock the boat (especially because to do so could risk resetting the 6 year Statute of Limitations clock). In January this year (2012) I got a letter from Capquest stating that they owned this debt and that the balance was £1085. I have never received a notice of assignment. I've read extensively about this company since and decided to ignore them. The last payment was made around May 2007 so it has about a year to go before it becomes statute barred. They sent a number of misleading and threatening letters which I continued to ignore. A few days ago I received a Statutory Demand via first class post (dated May 2nd 2012 but not arriving until May 15th). I'm unsure what course of action to take next. I'm happy to pay my debts but given the history of this account I have no intention of paying Capquest a penny on principle. I am a recent graduate and unemployed with no assets or savings. If Capquest have indeed done their research on me as they claim to have then they will know this. As a result I am almost certain that this is a bluff. However, I'm also an aspiring lawyer so I need to be very careful with my next steps as if I am bankrupted I will not be able to practice. If I were to ignore the statutory demand would I get notification if bankruptcy proceedings were brought against me? Would I have an opportunity to pay the balance before any hearing? If I apply to have the statutory demand set aside is there any potential that this could be seen as an acknowledgment of the debt? If I apply to have the statutory demand set aside, am I right in assuming that my strongest grounds are that: (a) it has been improperly served (i.e. by post, not in person- I live above a shop and the general public have access to my letterbox so I don't have any post sent to my place of residence); (b) Capquest have not demonstrated that they own the alleged debt; © I contest the validity and size of the alleged debt; (d) That the balance of the account is made up of unenforcable penalty charges and PPI charges. I appreciate that point (d) might be difficult as most of the charges were added to the account over 6 years ago. However, as they make up the bulk of the balance, could I argue that they should be used to offset the balance as they are the source of the debt? Furthermore, this debt disappeared from my credit report for years and CFS disappeared. Could I rely on s.32 of the Limitation Act 1980 to argue that six year statutory time frame for challenging some of the later penalty charges should only begin in January this year as this is the earliest that I could have reasonably been expected to have discovered them? What is my position with regards to PPI? The account is over six years old but interest and payments towards PPI will have been made much more recently. Any advice anyone can give me will be greatly appreciated. Thanks in advance!
  2. Hi all, I have been reading the site for a while with interest, following a failed business investment 3 years ago, I have been in a poor financial state, and had the usual threatening letters/calls from a myriad of DCA's. I have ignored them up until now, and reading the advice on here from similar cases has helped lots! However, I have just receieved yesterday a letter with a computer generated statutory demand from Cap Quest, relating to a debt with Halifax bank for an unpaid overdraft. The SD signature is computer generated, and some details are missing, so I think it is a scare tactic. However, should I start the route of getting it set aside, as well as contacting Cap Quest by mail with a CCA request. Also, should I now contact Halifax with a SAR? A couple of points to note, the address from Cap Quest is incorrect (they missed part of my house name off, the postman obviously knows my name though so I have received it!) and the SD was sent by standard 1st class mail. The SD is dated 12th April, but I only received it yesterday (17th) does the 18/21 days start from date of issue or receipt? Any thoughts/advice would be much appreciated. g40_boy
  3. Hello Everyone, Could do with a bit of advice and guidance, yesterday we received a statutory demand from a factoring company Ashley Finance for my husband. We have a limited company and we entered into a factoring agreement in May 2011 so we could secure a large contract. We put two invoices through and paid fees of £800 in total. We were advanced 80% of the invoice value and never received the 20% We also agreed to pay £250 + VAT per month for 12 months (any invoices we put through the factoring fees would be deducted from this; if we didn’t put anything through it would be the charge for having the facility provided.) AF has never attempted to take the monthly payments, and the statements are confusing to say the least. The client that we needed the factoring agreement for no longer uses us, in part due to the way they were treated by Ashley Finance, but that’s life. We don’t have loads of money in the business at the moment and we are surviving week to week so paying them off is not an option, but I am really worried that my husband could end up bankrupt and we will loose our home. My husband signed a personal guarantee for the agreement, and they have issued a statutory demand for £4566.58 but this amount doesn’t’ stack up to me. They are claiming fees of £3500 (we agreed £3000 + VAT to be payable over twelve months) Disbursements’ of £374 – (not sure what these are?) Retrospective Charge £63.94 Refactoring £45.22 VAT £796.71 Interest £53.51 I am unsure what all the above charges are and this is the first time we have been made aware of these charges. On the statement I cannot see any of the remaining 20% from the invoices that we submitted or the fees that we have paid from the invoices, it is confusing to say the least. I have been advised to apply to have the demand set aside on the grounds that we are disputing the amount claimed then contact the company to negotiate a payment plan but I am a bit unsure how to word the form as it seems quite formal. I have already read a few threads but I am just a bit stuck, any help would be much appreciated. Thanks in advance
  4. Hello - I'm hoping someone can direct me with the situation I find myself in. A few days ago I received a Statutory Demand from Connaught Collections on behalf of 1st Credit after opening the door to someone who said they had "a parcel" for me. When they asked my name I confirmed it, and then he proceeded to give me the demand, not a parcel, and not in an envelope either, just the sheets of paper. He claimed he did not know what it was and he was just delivering - but as he has it on a clipboard in front of him and there was no envelope around it, this was a blatent lie. He also glanced towards his car - with hindsight, he could have been filming this "delivery". I don't know. Anyway, I fell for it. For the last few years they have been chasing me for a debt on a Halifax credit card that was assigned to them at the end of 2008. At the time I had been paying back Halifax from an agreement I thought I had with them. However, without prior warning they suddenly decided that I wasn't paying enough (I presume) and they assigned/sold/whatever the debt to 1st Credit. At that point I put in a CCA request asking for a copy of the agreement. What they eventually sent back was a photocopy of an application form from the year 2000 for a credit card with Bank One. It seems at some point this "Bank One" card and account became a "Halifax Card" - however, I do not remember how or when. What I do know though, is that 1st Credit only had the Bank One Application Form - which did have an extract of a few terms on the back regarding interet rates, etc. - however, I never recieved a copy of a full agreement or terms and conditions - as far as I can recall. Similarly, since it became a Halifax account I have never had a copy of the agreement or terms and conditions as far as I know - I certainly haven't got them here at home and would not have thrown them away. I can't remember ever having a Default Notice either, but my credit file shows a default at the time the Halifax assigned the account to 1st Credit in 2008. Around this time I was also having a few problems (redundancy, family illness, bereavements, so can't be 100% on all facts). I did not think the Bank One Application Form represented a proper agreement for a Halifax credit card, so I decided that until they produced one, I would just ignore them. Over the next 3 years a stream of "threatograms" and "discount" offers if I paid "now" from 1st Credit, DHS, Judge & Priestly, LCS, Connault Collections, Uncle Tom Cobbly and all..... but I thought until they send me a copy of the Halifax Agreement they cannot do anything.......... but now of course, they have. I will copy and attach the Statutory Demand below, as I don't understand what they are playing at. For example: A. They claim the monies were due under "a financial agreement" and that I have "failed to adhere to the terms and conditions of the repayment agreement", but they do not mention an account number or any specific dates at this point. B. They state the debt is for non-payment of a "Halifax Bank agreement" and that the debt was assigned under an agreement to 1st credit. Again, no account number or anything to identify it. C. The amount due is given - which is the same as they have been claiming. Would it be normal for this sort of "Particulars of Debt" to not give any details of the account number or any other identification other than it was a "Halifax Bank Agreement"? If I was not aware of what they were talking about, how could I find out to defend myself? It does not identify itself at all. Is this just a tactic to try and scare me into paying? If so, what can I do about it? If not, what should I do about it? According to the forms, I have to apply to have this set aside within 18 days (I need to look all that up) but it also says I should contact the individual (at Connault Collections) to tell them I am disputing the demand - or paying it, or whatever. What should my plan of action be? Any help or guidance gratefully recieved. I'm sure there are similar posts on here and I will start researching now, but I could do with some help regarding what I should do and when, to get them off my back if possible. Many thanks, "Rupert".
  5. I posted this earlier but later i saw this part of the forum which seems to be relevant to the issue so i posted here...am sorry for the double posting but i dont know how to transfer the other post to this subforum......so please be gentle and help me.... Today i got statutory demand under section 268(1) of the insolvency act 1986. Debt for liquidated sum payable immediately...from the council for council tax i have attached the letter here .....please i will appreciate any help as iam told i have 18 days to set it aside what should i do......is there any way out .....is there any argument i can use to get an installmental payment agrreed.....i went through a rough patch for the past couple of years but thank God i have just gotten a permanant job this month and things are getting better...and i think i can be able to now start upsetting all my previous debts albeit installmentally.
  6. Hi I have been issued with a Statutory Demand, posted no attempt at personal service, from CQ and intend to try to get it set aside using the following No Statutory Notice of Default from OC No letter of assignment or deed of assignment No date of assignment on SD Agreement is an Egg credit card from 2000 (missing prescribed terms?) No Statutory Notice of Default from DCA Also, SD says that interest has been accrued and added from date of assignment. Are they entitled to add interest and if not then the interest amount deducted from the full amount is less than 750. Are the above valid reasons? I was paying back the debt until they suddenly out of the blue issued a solicitor's letter saying I had broken my agreement and had not made payments for 2 years. I had and could prove it. Any advice much appreciated.
  7. Hi there everyone, I wonder if anybody has come across a letter sent by "Capquest" threatening to take me into bankrupcy cause of a credit card... During mid march 2011, they sent me a letter threatening me to take me to court (CCJ, basically) and I replied that I had not received the "notice of asignement" that they are suppossed to provide me with. Therefore they do not have the right to collect the debt in the first place. Moving on, I received - then- a letter (I can't attach sorry as I only got 4 posts) without any mention of my previous letter (which I know they received as I had it recorded delivery). Is this letter just Bluff or do they seem to be serious about it in general? My perception in general is that DCA - being a third party- have no rights whatsoever to deal with me... (perhaps that's another thread all together... anyway their latest letter goes like this.. "Despite our numerous attempts to assist you to find an amicable solution to settle this account, the balance remains unpaid. Our investigations into your current financial position are now complete and it is unfortunate that we find ourselves preparing a Statutory Demand under section 268(1) (a) of the insolvency act 1986. It is our intention to issue the statutory demand (form 6.1) on or around xx April 11 where it will be personally served upon you. Once served, the agent will swear an affidavit to the effect that service of the demand has been successful. This is necessary as when a Bankruptcy petition is to be presented based on a statutory demand, then an affidavit verifying service must be filed with the petition for Bankruptcy. If you do not apply to set aside the Statutory Demand within 18 days or otherwise deal with the demand as set out in the appropriate notes that will be appended to the demand, you could be made Bankrupt and your property and goods taken away from you. Any application to set aside the demand (Form 6.4 in schedule 4 to the insolvency rules 1986) should be made within 18 days from the date of service upon you and be supported by an affidavit (form 6.5 in schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application. Remember: from the date of service of the statutory demand a) You have only 18 days to apply to the court to have the demand set aside and b) You have only 21 days before we may present a bankruptcy petition You can stop this by contacting us now on 0870 084 2565 As one last conciliatory gesture, we are offering you the opportunity to clear this account once and for all by paying a settlement of xxx. This is subject to you acceptin gthe offer by xx Apr 11. This settlement can be over a period of that can be negotiated around your current circumstances. Alternative proposals will also be considered." Any ideas? Much appreciated!
  8. I incurred my debt as legal costs for divorce. Last week I received Statutory Demand through the letterbox, which I am going to set aside. Would the following evidence be considered sufficient to set aside the Stat Demand? 1. During divorce proceding I paid £10,000 to solicitors. 2. They gave up my case unfinished and requested further £11,000. They have CCJ against me and I am paying monthly £90.0 with no failuire and intend to pay further. Appreciate your help!
  9. I went to the County Court today, Judge not impressed with 1st Credit - Connaught set aside the Stat Demand and virtually talked me into claiming costs, awarded me £50. I had requested 1st Credit - Connaught provide me with a copy of the original agreement which they were unable to do... in fact never even replied to me or the Court. If any one wants a copy of the letter i sent to them let me know.
  10. Hi Everyone, I hope someone can help me please. I have received a Letter from London House posted through the door on the 30/09/10. I was going to be served with a Statutory Demand on the 04/10/10. I sent a Fax letter to London House stating that I do not know of any outstanding debts and only contact me in future by mail. The Statutory Demand was posted through the letter box on the 04/10/10 I was not there till thursday. On Friday 08/10/10 I sent the standard CCA letter to Hamptons and Lowell Portfolio 1 with 2 £1.00 Postal Orders. I also sent a SAR Letter to Lloyds TSB with a £10.00 postal order. Please see attached scans: http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans1.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans2.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans3.jpg http://i1228.photobucket.com/albums/ee442/Design-Time/SDScans4.jpg I have been reading loads and loads of threads and I am now starting to get confused! I know I have to apply for a set aside using the form 6-4 and 6-5 is this the next step? I had a Access card 2004 that I walked away from because I was in a very bad financial place at the time. I have a few other questions to: The Statutory Demand has an account number I don't recognize? I the amount is owed I don't recognize? I am not sure they have the right person? They haven't sent anything for me to identify the debt and I have no records left. I never received any letters? I have never had any verbal contact at all. I have never been informed the debt had been sold. How should i fill out the set aside as I have no information on the debt? Can anyone tell me what to do next please. Thanks in advance DesignTime
  11. Hi guys after a little bit of advice, so the story, about 18 months to 2 years ago my sister recieved a letter for me at her address, bearing in mind i do not and have never lived there, for link financial saying the usual about an overdraft debt with abbey national, they were gonna this that nd the other, after send them a bogoff he dont live here letter, they started there usual tricks of phoning neighbours nd leaveing telemessages, anyway to cut a long story short they were given my address in scorchio land, i then started to recieve their drivil here which was quite usuefull as it made good kindling in the winter, they eventual sent a Stat demand second class post to my house in the middle of nowhere, i promptly ignored it, then heard nothing for over a year. Yesterday my sisters recieves a nasty letter from BCW addressed to me, i recieve the same letter today saying if i dont pay up the gonna take me court have my posessions seized personally remove nd sell my kidneys etc. Ok i never heard of BCW are they another DCA that link have sold the debt too, If so can they sell the debt if they already sent out an SD? any ideas wot i should do with these aholes, I will first off get a letter sent to them telling them to remove my sis address from thier database or else, any thing else i should know, thanks for your input.
  12. Have situation where a CCJ has been obtained by default. A stat demand has been issued based on the CCJ and need to get in an application to set aside stat demand. A stay of execution has been obtained against the CCJ. Grounds on which the stat demand set aside application will be based is that stay of execution has been obtained against underlying judgment and no other. Am familar with insolvency rules (IR), in particular IR rule 6.5 Numerous websites cite "stay of execution against judgment" as one of the grounds on which set aside of stat demand can be obtained. However none of them give any indication as to the precise basis of this ground, other than to hint that it falls under IR 6.5 4(d) "the court is satisfied, on other grounds, that the demand ought to be set aside". Form 6.5 also hints at this as it gives as item 7 in its margin that execution has been stayed as one of the reasons you can put. So the question is what is the basis on which "stay of execution" forms a ground. Is it case law, legislation, somewhere else in the IR, or just praying for the courts good nature. What are the precise words, including references to rules, cases, or legislation, that one should put on an application for set aside of stat demand to guide the court into the position that the websites hint at, i.e that "stay of execution" gives the applicant a mandatory right for the stat demand to be set aside. Anyone any ideas?
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