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SD received in the post day**WON WITH COSTS**


tiglet
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No, I meant the bit about being able to contact the person who's name is on the SD - I haven't been able to, i know that.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 3 weeks later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hey tiglet- hows this going now?

I tried calling Joanna O Keefe, didnt get through - i spoke to a craig who said she is busy with many other customers at present, but took my name for her to cal me - Ive had no call off her

So if we cant speak to the person named in the SD didnt this mean it wasnt valid? I tried only once is this enough?

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I'm phoning the court this morning to see whether the judge has decided I have grounds for a hearing.

 

I think you need to try several times, but if not, then yes - read through what it says here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158317-statutory-demands.html [url=http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158317-statutory-demands.html][/url]

Edited by tiglet
...

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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OK, have been told that the judge has agreed a hearing for the set-aside - Woo-Hoo!

 

Don't have a date as yet, but it will probably be in November.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I think soon the idiots will suddenly rethink their SD- don't forget to keep a log of your costs regarding this- bus fair for you and the kids to court (or three hours childcare costs per child), it just goes on and on...

 

How much do you normally have to pay a judge to do Donald Duck impressions? That will cost them a fortune...

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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It is and it's brightened up my day after (another) CAMHS assessment with the eldest.

 

However, I know when it comes to it, I'll go to pieces ... anyone fancy a trip to Canterbury???

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 1 month later...

UPDATE:

 

I got my date in November. i have been quietly beavering away, preparing for it.

 

This morning I received the following letters from capquest:

 

"Dear Mrs Tiglet

 

We acknowledge receipt of the application to set aside the Statutory Demand.

 

We attach a copy of a letter we have sent to the court which we think you will find to be self-explanatory".

 

The letter to the court:

 

"We acknowledge receipt of the application to set aside the statutory demand.

 

Capquest Investments LTD are the creditor by virtue of the debt being assigned to them by Halifax Bank of Scotland Plc. In order to deal fully with the application to set aside we will need information from the original creditor which we may not be able to obtain in time to prepare and serve evidence in opposition to the application.

 

We are also mindful of paragraph 6.5(4)(b) of the Insolvency Rules which provide that if the debt is disputed on grounds which appear to the court to be substantial then the court may grant the application.

 

We do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application is granted but with no order as to costs. if, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the County Court which will allow the applicant the opportunity to defend the claim.

 

We are sending a copy of this letter to the applicant."

 

Well, opinions/advice would be welcome.

Edited by tiglet
Posted too quickly

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Unless you hear from the Courts then you should attend and still claim your costs from Crapquest. After all you have had some expenses involved in applying to have this mickey mouse SD Set Aside. Its not your fault that they issued the SD before making sure that they had all the information needed to proceed with the case. They should have thought of this before wasting your time and the courts time with their abuse of the system

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Hi tigs had exactley the same letter apart from the crediters name being diferent.I have carried on preparing for my court date go get the costs and show the letter to the judge just in case they havent received it also maybe phone Johanna on the form if you feel you can she was out when i phoned her could have been for a while to as the ppl on the phone werent sure who she was;):)

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J O'KEefe - or if that just me?

 

Thanks 42man, stusfc and ODC - always like to get an opinion, you know me :)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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