RED SD old Cap1 debt **SET ASIDE**

[ODC]

Its your call and I can see your point. As was pointed out earlier a Set Aside costs nothing so you are right to go for it. I was thinking along the terms of Lowell using an SD when there is no debt. Surely the confetti like use of SDs could make them be seen as Vexatious Litigants

[Curlyben]

Boro, RED are taking a new tack with SD and making numerous mistakes in the process.

THAT will be their undoing.

 

Don't panic as there are steps being taken behind the scene, but for the moment go for the set aside at your local court, especially as it has been improperly served.

[ODC]

Boro, RED are taking a new tack with SD and making numerous mistakes in the process.

THAT will be their undoing.

 

Don't panic as there are steps being taken behind the scene, but for the moment go for the set aside at your local court, especially as it has been improperly served.

CB not wanting to argue with your superior knowledge but are you not acknowledging service by applying for a set aside. After all posting it through a letter box can be deemed service

[Curlyben]

Second class post isn't correctly served and by the sounds of it they have failed to complete the paperwork correct as well.

 

There's no harm in asking the advice of the local court just in case. After all fore-warned is fore-armed

[Boro]

ok these two posts are taken from the Insolvency rules 1986 (no 1) and Halsburys laws (no 2)

 

i have also found this in the civil procedure rules which is very informative

 

 

PRACTICE type="start" timestamp="1040029633444"DIRECTION – INSOLVENCYtype="end" timestamp="1040029633444" PROCEEDINGS -

 

take a look at this link it should answer your questions

 

Ok pinched the above from another thread on red sd's just so people know what im on about, having read that and seen the layout im now convinced this sd isnt valid, i will hopefully get mine scanned in and posted up here later on this evening for your opinions on it

[Boro]

Ok heres the pics, they are in .bmp format im afraid to keep the quality but arent too large

 

 

 

 

 

Page 1, i have blanked out my name and address, the amount and the ref no for my own protection but they are all there and look correct

 

Page 2, date and amount have been blanked out but again are there and look correct

 

Page 3, ref no and date removed but again they are there and look to be correct

 

Page 4, As you see it nothing altered

 

Thoughts on these please as to whether you think it is the genuine article

[Curlyben]

It appears to be a genuine form 6.1, but badly executed.

This is being used as a threat and nothing more, but to be sure take it down to your local court and get it set aside.

Make sure you take the WHOLE letter including the envelope as this proves it was improperly served.

[Boro]

Ok having now had a look at my credit reports it would seem that lowells have entered a default on there with one of the agencies, the amount that they have entered is also wrong (they have rounded up) whats my chance of having this removed? also noticed that im apparently not on the electoral roll on their records (although i am actually on it), now is it worth me bringing that to their attention in an effort to improve my record (as its used when searching to confirm address)

[Boro]

Well they have signed for my cca request, does the 12 days start from the time its signed for or the time that payment clears? (was paid by a cheque from someone else)

[linz2011]

not 100% but I think it is when it is delivered - Good luck Boro I know what you are going through - been there - you will be fine

[ODC]

12 WORKING DAYS from they sign for it

[Boro]

Cheers tick tock then or perhaps i shouldnt be too cocky yet

[ODC]

Cheers tick tock then or perhaps i shouldnt be too cocky yet

Oh I wouldnt worry. The chances of the Leeds chaps producing anything resembling an executed agreement is slim

[Boro]

Interesting they have done their usual of sending a text message to the landline asking me to call them asap tick tock

[Alphageek]

Isn't it 12 working days from the day following delivery?

[Boro]

Well letter from red has come through, basically states they are in receipt of my request for a copy of the agreement as well as the prescribed fee and that they are requesting a copy for cap1 but they do like to point out the fact that whilst they will try to get it within the set 12 days they probably wont, anyway at least they cant turn around and say they didnt get my request or the fee, letters actually dated the day after they received my request so a pretty prompt reply even if it is there standard letter

[ODC]

And it also puts their SD into dispute without you actually admitting having received it.

[Mad as Hell!]

Did they mention the SD in the letter they have sent you?

[Boro]

No mention in the letter from them of the sd no, didnt mention it in mine either so they would have a job proving i got it, i think the letter is a basic auto response if you like to a cca request, we can at least prove by meens of proof of posting, electronic signature showing they signed for it and of course there letter in response to the cca whilst they would have a job proving that something sent 2nd class post untracked was ever delivered

[PI Guy]

the sd is fine, you must get it set aside before the deadline is up (18 days from date of service.)

[Boro]

PI Guy have you read about lowells use of these sd's and how they have been sending them out like confetti? if they want to bankrupt me thats fine, it will cost them money which they wont get back and write out all of my debts but i honestly cannot see them doing it for an debt of less than £1100

 

Edit: yes i am aware that you serve these on people

 

Sorry if i sounded a bit arsey there, didnt meen to its been a bad week

[ODC]

I think Lowells would have a job proving they sent you am SD as it was sent by 2nd class post. Its your word against theirs. 2nd class post is not one of the recognised forms of service. Imagine if you posted your CCA request by 2nd class post an Lowells denied receiving it I wonder what the courts would make of that.

[Boro]

Realy need some help filing out the forms for the set aside, who am i best speaking to on this guys?

[Hippy-chick]

grrrrrrr - tried to post, got an error message.

 

As I tried to say, not my area. If I were you, I'd use the "report" function on your post to alert the moderators to your need for help. This usually works - and they'll know who can help you.

 

xx

[Boro]

Thanks HC have now done so