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OMG Connaught/First credit SD**WON-Setaside plus costs**


MONX
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Can't say I am surprised!

 

Its no wonder that the act of sending SD's willy nilly is a "scenario" which encompas First Credit by name....I'm sure they would be really proud of that one....... they could put with the equal opportunity employer (employ anyone as long as pond ****) and customer service badge (Haha!)

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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MONX

 

Did you have to prove to the judge that the debt was Statute Barred?

 

 

Yes, I had to show the document I got in return for my SAR and the statement they printed off at the branch when I went in to collect it. They were all dated 2001 and I told her that I had neither ackowledged the debt in payment or writing since then.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Hmmm slightly worried that YOU had to prove it WAS statute barred as opposed to the judge requesting the alleged creditor to prove it wasn't...although any other judge would request that if you weren't able to verfiy....

 

If they don't pay send them a stat demand.....

What if you had asked 1st Credit to prove it and they either ignored or were unable to prove it wasn't Stat Barred?

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Sorry, perhaps I didnt word that correctly. I didnt have to prove that the alleged debt was statute barred, she asked me how I thought the debt was statute barred, I think she was just establishing that I had done my homework in order to have the costs awarded. I got the feeling that if I had just mentioned statute barred but couldnt prove to her that I knew what I was talking about then she would have just set the SD aside and sent me off with a flea in my ear.

 

Sorry to have misread your question, hope this clarifies it.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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as we are debating sd, any comments on this

 

once a sd is set asside, what happens to the debt, ref enforement

can the dca then go for a ccj or is the dca now excluded

 

if a dca sells it on, does the original set asside follow it

 

sorry if the question has allready been answered,

just educating myself

 

many thanks

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As far as I am aware,(this only my opinion) the SD itself is now set aside which means that the DCA cannot proceed with a petition for brankruptcy and in my case as they are in default of providing a CCA or any proof of the payment or acknowledgement of the debt in the last six years then they cannot pursue the debt.

 

If they ( in my case I seriously doubt it) come up with any proof, they can start up the process again. It is more likely that they will just sell the debt on.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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monx gets their moment in time ;)

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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What splendid news!

 

I think you should forward details of the case to the OFT's Consumer Credit Licence Fitness Team, since Worst Cretins behaviour in this case is clearly in breach of the conditions of their licence, and the OFT will doubtless wish to take it into acount when considering renewal.

 

Hear Hear ! nice one !.

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well done monx glad to here there is another boot in the backside for these demands.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi all

 

I got the letter from the court today, cant scan it in at the moment as the sprog as got the camera, however I am thinking of having this framed:

 

IN THE SOMEWHERE OVER THE RAINBOW COUNTY COURT CASE NO:SD1234

IN BANKCRUPTCY

BEFORE DISTRICT JUDGE: VERY NICE LADY

ON MONDAY

 

RE: MONX

 

UPON HEARING THE DEBTOR IN PERSON AND UPON THE CREDITOR NOT ATTENDING BUT HAVING WRITTEN TO THE COURT

 

IN THE MATTER OF THE INSOLVENCY ACT 1986

 

IT IS ORDERED THAT

 

1. THE STATUTORY DEMAND DATED WHENEVER THEY DAMN LIKE BE AND HEREBY SET ASIDE.

2. THE CREDITOR DO PAY THE DEBTOR'S COSTS ASSESSED IN THE SUM OF £225, PAYABLE BY 22ND SEPT.

 

I am so glad it came I was beginning to think that I had dreamed it!

Edited by MONX
doh, posted it before finishing typing it!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Nice one, don't forget if they DONT pay the costs stated by that date go back to the court and ask for enforcement of the judgement.... ie send in the bailiffs.... be nice to see their faces when the boot is on the other foot.

 

 

Part of me kinda hopes they dont pay in time, so that i can play with them a little (in the way a cat plays with a vole you understand)!:oops:

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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