Advice Please! - SD received from Lowell/RED but credit files are CLEAN!**WON**

[Goldlady]

Hi, as far as I know you just present it to the Court Staff but you may need to attend a hearing - I am afraid I really don't know. But I can't imagine it would happen there and then. But I can say that if you do have to see the judge that you will be treated well and with sympathy. I know I got serious wobbly leg syndrome when I went to court with my friend over a repossession - and I was only there to help her!!! But really you will be fine - the courts are more than a little peed orf with these vexatious claims.

 

best of luck

[PossVox]

Thank you so much,

 

I will be confident in court because I have done nothing wrong...

 

All I want is rid of RED parasites.

 

Until tomorrow......

[The GodMother]

remember all your paperwork even the stuff u dont think is relivant and remember the credit files

[PossVox]

OK will do, thanx for the advice.

 

Will report back tomorrow with positive news hopefully!

[PossVox]

Hello again,

 

Just an update on the situation.

 

I have been to the County Court handed in the required forms and sworn the affidavit. I should get a date for a set aside hearing in the next 5-10 days.

 

The court clerk was very helpful and reassuring and intimated that she didn't really expect RED to turn up at the hearing and that I would be able to explain my situation to the judge.

 

I'm glad I've been to do the set aside request but I'll be very relieved once the hearing's over.

 

Oh, and still nothing from RED in the post regards my CCA request...not even an acknowledgement of the request - although I'm assuming that they won't rush or maybe not even bother at all?

 

Thanks again to all CAGGERS who have helped me so far.

[Goldlady]

Now we wait... How are your stress levels?

[PossVox]

Hi Goldlady,

 

I'm not too stressed at the moment thanx

 

The main concern I have now is that RED/Lowells will be requested to attend the set aside hearing and may actually show up! I'm also worried, having read a new thread this evening, that I've acknowledged to them the SD being served on me-does the fact that it was not served correctly still stand? And can RED put a default on my credit records?

 

Sorry to ask even more questions, I'm confident most of the time then read something on the forum and the doubts resurface

 

Thanx

[Goldlady]

I am not sure about the incorrect service issue - but still think it was best to put in a set aside application. I think that if it was served incorrectly that is a defence rather than an acknowledgement that you received it - as far as the courts are concerned there are rules regarding the way things are done. I have put in a defence on one claim against me on the basis that the claimant did not follow the civil procedure rules.

 

They could put a default on your credit record, and probably will, but if it is statute barred as we think then you can fight to get it removed.

 

In any event you are in a better position than you were a week ago. I doubt very much that Red/Lowell will attend the set aside hearing - they are in the wrong for issuing the SD in the first place and will probably run away with their tail between their legs.:o

 

When I found CAG I had 80k of debt (due to business and bank charges, not through living it up) and was about to go bankrupt - what I have learned on here has taught me to fight back and most of that debt has gone away:D. Legally. It was scary at first but now it is more of a game.

[PossVox]

Once again, thank you so much for the reassurance Goldlady, I know exactly what you mean...I find the whole of this DCA stuff scary but also fascinating!

 

7 days since RED signed for my CCA request..... it's the waiting in-between the fighting back that's hard to get used to.

 

Thanx

[PossVox]

Hello,

 

Just a quick update-

 

Got a county court date for next month with regard to the stat demand set aside BUT I've had absolutely no response whatsoever from RED regarding my CCA request. In other people's experience, is it usual for them to at least acknowledge the CCA request or do they sometimes do a disappearing act? Help! The silence is deafening, I hate waiting for the post to arrive!

 

[The GodMother]

well the fact that they are being quiet is good as that could mean they have nothing

[PossVox]

Hello Godmother,

 

Thanks for replying yet again, it's really good to know that you're around.

 

I keep telling myself that "no news is good news" but the doubts keep creeping back.

 

I seem to worry less when I'm being pro-active about this problem... I hate the waiting around.

 

What I'm really really hoping for is that RED will withdraw the SD (am I right in thinking they can do that or is a hearing inevitable?)

 

Thanks again, I'd have been lost without all the advice and support I've received from this wonderful forum

[Goldlady]

I doubt very much that they will bother to send someone to the hearing. They will end up with egg on their faces if they do.

 

I know what you mean about waiting. We have had absolutely no post at home today and there are things I want an answer to as well.

[The GodMother]

i hate the no post/ quiet days.

 

i can send u my junk mail if u are desperate for post as it is all we seem to get ATM

[Goldlady]

- I used to dread the post arriving. Now it is a challenge;)

[The GodMother]

i hate getting no post as it means i dont have anyone to argue with.

[PossVox]

Hello again!

 

I just received a letter from RED this morning dated 11th March.

 

Quote: "You have so far failed to respond to the Statutory Demand or entered into a re payment plan

We would remind you that we could shortly be in a position to present a bankruptcy petition against you. If you were to be made bankrupt....."

A long list of the consequences of bankruptcy follows and fills the rest of the page...

 

"To avoid this you must contact us immediately on the nuber below to arrange the repayment of your debt"(yeah, RIGHT!)

 

NO acknowledgement of my CCA request which they signed for on the 4th, NO acknowledgment of the court date for the SD set aside.

 

Threatomatic?

 

Advice please.

 

Thanx

[Curlyben]

Lowells seem to be doing well with their collective deafness at the moment.

 

Throw this at them.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[PossVox]

Thanks Curlyben,

 

Can I send the letter now or do I wait for their 12 working days to be up? I've worked out that that will be the 20th March?

 

How does this affect my SD set aside, if at all?

 

In your experience do they usuall withdraw the SD when they get the date from court?

 

Good job you guys are around or I may have crumbled under the lies and threats that these **** throw at people!

 

Thanx

[The GodMother]

well i just thought they were being rude and ignorant. Now i know they are deaf i might have to advise shouting at them.

 

[PossVox]

Hello again Godmother!

 

Haha! I think maybe all we victims of the RED terror should start shouting!

 

I've edited and printed out Curlyben's suggested letter but please could you advise as to whether I send it now or wait for the 12 working days to be up?

 

I'm was praying that they would withdraw the SD but I'm not hopeful now.

 

Thanx, as ever

[The GodMother]

Well yes you will need to wait for the 12 WORKING days to be up but there is no harm in having it ready to go.

 

It needs to go by at least recorded delivery but special if you can afford it.

[PossVox]

Thank you GodMother, I'll wait til the 20th and despatch it special delivery.

 

I'm still looking for anyone's opinion or actual experience regarding whether or not RED will pursue the Stat Demand right into the set aside hearing?

[Goldlady]

I don't think there is a procedure for withdrawing a statutory demand. As far as I understand it once one has been issued the issuer can either choose to do nothing more or pay the £500 or so to issue bankruptcy proceedings if the SD has not been opposed. So I think it is unlikely that you will have any communication from them other than further threatograms.

 

Someone issued one against us once and we didn't even bother to apply to have it set aside - we just wrote back to him and said OK, mate, you say we owe you this, but we have a counterclaim for this, this and this (which we did) and we heard no more.

 

From the point of view of the person issuing the Stat Demand, it costs nothing to issue one, unless you use a process server which is the correct way to issue one. It is a scare tactic. But if the demand is not set aside the issuer can then proceed to issue a bankruptcy petition, but this will cost them serious money - about £500 roughly. So they can issue SD's willy nilly and then decide if it is worth going further if it is not opposed.

 

As you have applied for set aside on a statute barred debt I seriously think that once you have your set aside in place they will disappear back into the hole they crawled out of.

[2Grumpy]

I think that the 12 working days starts the day after delivery.

 

Grumpy