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The application???? Where do I get the application from or do I write the application myself??

 

i've now got my letters ready to send of to the horrid people at RED?Lowell what ever they call themselves, the CCA request and the Statue-Barred letter, should I send them together in the same envelope or each on their own???

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As far as I know an SD has to be served personally or at the very least by 1st Class post if personal service was not possible and then I believe it up to the DCA to prove to the Court why personal service was not possible. Applying for a Set Aside would prove that the SD had been served on you. Applying for a CCA would put the account in dispute and not admit service of the SD. Its between you and your consience as to whether to admit receipt of the SD. Im sure Lowells would have to prove service.

 

I have decided not to acknwledge the SD as this would be admitting to red that I received it, as they would have to prove that I've received it! So I am sending letters today to ask for CCA and the statue-barred letter.....if it's not Staute barred then it will be in Feb so if I can delay the SD going ahead (which I understand they cannot petiton for bankruptcy while the debt is in dispute!) then it all should work out fine! So Fingers crossed!

 

Thanks very much for all your help from each of you.....I'll let you know how I get on!

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

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Only send Statute Barred letter for now and save the CCA IF they come back with anything.

 

Do they have a time in which they have to respond to you??

I'm a little apprenasive about just sending the Statute-Barred letter incase they go ahead and petition for bankrupcy.....but I know that if I apply for CCA then its in disput and they can't petition! Is it still clased as a dispute = the statut barred letter and in all likely hood it is not quite statute barred untill Feb 08.

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

 

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

 

I have decided not to apply to have my SD set aside as this is admiting to them that you have received it and in my case it wsn't personally served it was sent in the post by second class post. This may be wrong but I'm not prepared to go to court at this stage......I have done what people have advise and I'm sending a Statute-Barrred letter and a requesting a copy of agreement and statment of account...It seems from reading threads on this site that they have mass mailed theses SD out in the last couple of weeks as a way of scaring people in to paying! Espcailly debts from Capital One.

 

Is your debt from a while ago?

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Mad.....send off the CCA, when they respond, then cross out all your personal details and scan it on here.....the experts on the CAG will be able to tell if it has all the prescribed terms and has been properly executed....I had the same with Red....they apologised after admitting they had contacted me erroneously after I sent the CCA request.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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The Statute Barred letter is a clear dispute of the debt.

If you are concerned about there response, put a timelimit on the letter.

Try something like this one the end.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

Gives them a clear picture as to your position.

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Be VERY careful whose advice you listen too

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To be a valid agreement there are certain terms that are required.

On the whole applications DON'T have these terms.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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The Statute Barred letter is a clear dispute of the debt.

If you are concerned about there response, put a timelimit on the letter.

Try something like this one the end.

 

 

 

Gives them a clear picture as to your position.

 

Right sorry I'm a little confused now.....which letter am I sending? Should I send the Statute-Barred lettter that I got from the draft letters on this site (Letter M) or should i send one similar to the one you just posted???

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Send Statute Barred with my extra lines on the bottom.

This gives them a clear time frame to respond in.

 

Send it recorded as there is a time limit.

IF they come back with solid proof then CCA them, but NOT until they do.

Be VERY careful whose advice you listen too

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

 

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

The 12 working days start from the day they receive the CCA request. If after 12 working days they do not supply you with a properly executed CCA agreement they are legally in default and you do not have to pay them. One calendar month later they commit a summary offence and should be reported to Trading Standards should they demand money. Bear in mind that all they phobably have from Crap One will be a **** poor photocopy of and application form which does not contain the prescribed conditions.

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Send Statute Barred with my extra lines on the bottom.

This gives them a clear time frame to respond in.

 

Send it recorded as there is a time limit.

IF they come back with solid proof then CCA them, but NOT until they do.

 

Thanks so much for your help.....I'll add the extra lines to the letter and get it sent today....i'll keep you posted as to what happens next! thanks again everyone.

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Thats how most of us found it. The idiots in the DCAs fail to have grasped that concept. Had they been civil with folk and tried to come to a reasonable arrangemnent about repayment then they would not have driven folk to here. When folk arrive here they learn their rights with regard to CCA agreements etc As a result the greedy DCAs get nothing if they canot produce the paperwork. ALL BECAUSE OF THEIR ARROGANCE and GREED

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I last dealt with my Capital One debt in early 2004 upon my marriage breaking down and havent been in a position since to actually tackle it since.

I still am not in a position to do so.

Have you had any recent communication about it

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Liz you need to start your own thread on this. If you don't know how to do this have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Post a link to your thread if you want to and we will have a look at it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hey guys,

 

I sent my Statute- Barred letter to red yesterday morning, then the post comes yesterday, which contained another SD! :confused: Itentical to the one I received on Monday......just with a diffrent date on it.....these guys are either so stupid they don't know they have sent one once or they are really hoping that I'll call them and offer payment now they have sent me two!

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