Help ! Advice please. Statutory Demand Served. Set Aside Application

[beanpole]

Help Please.

My original threads have been lost so I would really appreciate it if someone could read the attached and let me know if there are any comments/improvements and if there is any other advice.

I plan to go to Court and make Application to set aside tomorrow (18 day deadline next week).

 

Bare bones of my situation is that Legal & Receivables have served me with SD on two debts (1 credit card, 1 loan). This was done by hand nd so seems they are seriously threatening.

I have sent to them 2 separate CCA's & £1 each (all logged and tracked) and the 12 days are ticking down.

I have had letter back to say they are requesting the docs from their client (Pheonix Recoveries). The debts were apparently assigned from HSBC, and having had agreement from HSBC to pay nominal amount every month until situation improves, L&R (LARGO) have taken the big step and threatened that if I do not pay in full within the 21 days, they are going to petition for bankruptcy. (family home mortgaged !).

 

Any advice would be welcomed, or similar experience in dealing with this DCA.

Apologies to those that have already helped me out (BIG THANKS), but had to start a new thread again.

 

Thanks for reading

Beanpole

 

Application to set aside 6-5[1] edited.doc

[42man]

In my own opinion, you have done an excellent job here....it might be worth including the CCA request too + the recorded delivery slip as evidence.

 

Don't forget to add a sheet for your costs too !!!

 

Wilson v First County Trust is for the Agreement

Wilson v Hurstanger is for the Prescribed Terms

Woodchester Lease Management Services Ltd v Swain and Co is for the default notice...

 

AND

 

unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society

 

Have a look at this thread here to fine tune.....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/144007-help-amex-no-cca-3.html

[beanpole]

42 Man....brilliant help thank you for posting so quickly.

I will amend as suggested and check out your thread.

 

Thanks to all the threads I have read, I feel at least I have a fighting chance.

I just wish I knew about this site 2 years ago, when I first lost my job and ended up with debt problems.

 

Any other advie most welcome, particularly if anyone else has been successful with Legal & Receivables / Phoenix.

 

Beanpole

[Mr lex]

Hi beanpole, your first thread is here :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149656-any-experience-legal-receivables.html

 

Lex

[beanpole]

Thanks Mr lex.

unfortunately, when I click on the link to my first thread, it says nothing found and refers me back to administrator !

 

Thanks for other stuff....ploughing through !

Beanpole

[beanpole]

Hi there,

I'm about to attend Court to apply for setting aside, but ant to chek that I have covered the cost application well enough. please could someone have a quick look and let me know if anything hould be added.

I have included...time to prepare CCA request, postal order costs, postage and proof of delivery, time to prepare application to set aside, attend court to apply, travel and parking costs.

I've tried to find a standard doc' that gives me all costs I can reclaim, but I need some help please.

Thanks

Beanpole

[42man]

I think the standard cost for 'time' is around £9:50 per hour..... - there isn't a standard for costs just lay them out on a piece of paper entitled 'costs'

[Mr lex]

Hi Beanpole.

 

This link to your old posts works for me, they were merged together :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149656-any-experience-legal-receivables.html

 

The hourly rate seems, as 42man says, to be £9.25p

There is a good link to costs here :-

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=306&d=1175171362

 

If you still can't get to your old thread, let me know and I'll look in to it for you.

 

Lex

[beanpole]

Thanks to both for confirmation regarding costs and the example schedule.

I have used...had confirmed the rate via a CAB guideline available to the National Debt Line also.

 

On Thursday, I went to Court and made my application to set aside the SD...waiting a little while and the Registar was able to confirm a date for the hearing - 17th July - just 2 weeks later....I actually hoped it would be a bit later to get past the 30 day deadline for the CCA request to hopefully work, but at least the 12 days will have passed by then.

L&R will by Monday know that they have to respond in court....in the meantime...they have acknowledged by letter my CCA request for all the documents and said 'we have requested from our client'...(Phoenix).

 

Can anyone please advise what, if anything, I should do in the meantime ?

For example should I now send an SAR to HSBC as the original creditor, or Phoenix with same, or is there anything with regards to the CPR that I can use now ?

It is a little grey, so would appreciate advice on the best steps to take, whilst I wait for the set aside hearing.

 

Still worried in case L&R do actually come up with the documents, but I still do have an argument with regards to unlawful charges (eg £150 to serve each SD added to the total debt claimed).

 

Mr Lex - thanks for trying to sort out link to original thread - sorry but it still won't work for me and says 'invalid link...contact administrator.

 

As ever, I am very grateful for anyone's advice of the process or dealing with Legal & Receivables/ LARGO / Phoenix.

 

Beanpole

[beanpole]

OK, so today is the 12th day since Legal & Receivables signed for my Special Delivery CCA request for documentation. Nothing back except their letter saying they had requested from their client (aren't Phonix and LARGO the same company !). This was also preceded by me faxing a simpler request 2 days before, so I just hope they struggle with producing documents.

 

I sent SAR to HSBC yesterday, but they have 40 days to produce. Again, I am hoping they haven't kept documents, but given my Court hearing for Setting Aside is next Thursday (17th), I could do with advice on anything else I should or need to do.

 

It seems from what I've read, that I should prepare and submit to Court, my defence to the SD (but if I am the Applicant for set aside, is this correct ?)......clarity please on process rom anyone ?

 

Thanks

Beanpole

ps I wil post similar under the legal process section in case this thread gets missed.

[beanpole]

OK, so postie has been and gone - still no documents delivered from my CCA request.....12 days are now definitely up, but I'm still worried about whether or not I need to file full defence to the Stat Demand, given I have hearing for my Set aside application in 8 days, which will still be within 30 day deadline.....Would the court most likely adjourn to allow L&R to produce, before granting complete strike out ?

 

Thanks for help so far.

(and apologies to those like 42man, reading similar thread under the legal process section, but I'm never quite sure how people are tracking the threads.)

[42man]

Yes file a full defence, and ask to dismiss the stat demand or set aside....

 

Bear in mind that the non production of the CCA is a full defence....

 

you could potentially defend on the basis

 

of

 

Non production of the CCA

(does it have the prescribed terms ?)

No defaults

No notices of assignment

No Letter Before Action

An abuse of process in serving the stat demand.

Excessive charges + interest that could add up to being more than you owe them !!!

The debt is statute barred

The amount is below £750 (threshold for bankruptcy)

[beanpole]

many thanks 42man.

 

I'll dig through various threads to use someone else's template for defence.

Are there any in particular you'd point me towards please?

 

My defence will have to be on the grounds of failure to produce documents, and abuse of process, as the amount is in excess of £750 and its less than 6 years ago since I hit financial difficulty, so won't be statute barred.

Until I get all statements from HSBC (the original creditor) that I have issued S.A.R - (Subject Access Request), I wont have a firm figure on all charges applied, but at least I will make this point ref unlawful charges.

 

Finally, if L&R have not appointed a solicitor (I'm hoping that they don't even turn up to the set aside hearing), do I just issue copy to them directly ?

 

ps how do i 'tip the scales' (Novice here !)