1st credit

[42man]

Thanks for the PM....RB carry on as usual....

[rooferboy03]

Thanks for the PM....RB carry on as usual....

 

So is the letter correct in it's content and is it good, bad or indifferent

Thanks

[42man]

They may say they have it....but does it contain the prescribed terms....don't forget there are many more issues, default notice ? excessive charges ? etc...

[rooferboy03]

Hi all

Papers have been sworn in so i guess it's a waiting game to wait for a set aside hearing date.

Since receiving the SD !st credit kept ringing me constantly for about 10 days but they have not now phoned for at least a week. Do you think they were waiting to see if i would apply for a set aside or just hoping that i would'nt so they could then petition me for bankruptcy.

Any thoughts much appreciated.

[42man]

Give the court a call every week RB, to check when the hearing will be....and don't forget to do your research, and submit costs in 24 hours before the hearing !!.....if you do happen to pick the phone up by accident to them, and they ask about the SD, just say that you will allow them to discontinue if they pay your costs !!!

[rooferboy03]

Sorry for being a bit thick, but what do you mean when you say allow them to discontue

RB

[42man]

Because they might write to you seeing that you have solid grounds to set aside and lose their bottle !! But if the judge goes ahead with a hearing, then if it was me i'd ignore what 1st Credit say (unless they commit to paying your costs) and appear in court to show the judge how disgusted I was at them abusing the insolvency service !!

[pt2537]

It is a clear abuse of the insolvency process if the debt is disputed to issue a stat demand

 

they know this is the case and yet they still issue them

 

i bet the person named on the demand is not contactable as well which goes against Rule 6.2 Insolvency rules 1986

[42man]

I agree with Paul....you try and ring Mr Silcock and you will never get through....

 

statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

[pt2537]

I agree with Paul....you try and ring Mr Silcock and you will never get through....

 

 

Reminds me of Ellie Renshaw from Capital one, another person who doesnt seem to exsist

[Lilythepink]

Why did the judge I have in my set aside, not understand anything, should I have taken my complaint further, as my debt was clearly in dispute and she wouldn't listen to me. Just to warn Rooferboy that not every court awards costs and not all judges will award the costs???? But ask anyway...........:)

[rooferboy03]

Hi all

Sorry i have been offline for a while.

have got a set aside hearing next week so will keep you informed of the outcome.

Have not received cca in the 12 day period so presumably they are now in default

Cheers RB

[42man]

Remember to get your costs into the court 24 hours before the hearing either by fax or guranteed delivery sent 48 hours pervious...

 

Use a sheet of paper entitled LITIGANT IN PERSON COSTS

 

Or use this sheet kindly provided by X20 BUT edit it to say LITIGANT IN PERSON COSTS

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156641-capquest-statutory-demand-help-4.html

 

You can claim £9.25 per hour (for example 10 hours of research into the Consumer Credit Act and Insolvency Act

Mileage at 40p per mile

Parking

Postage

[rooferboy03]

Hi All

I am a bit dismayed about the outcome of my set aside hearing as it did not go well.

The Judge dismissed my case entirely basicall saying you owe it you pay it.

He was not interested in any points of law or anything else i had to say.

He did however produce paperwork from the other side that they downloaded from this site, specifically information given out by 42man.

He then said that all i had done was copied my affidavit from the internet and he was not impressed.

I told him that i did seek help from the forum and that my affidavit was my own creation from my research into the site.

They have still not produced a cca, but does this really matter now as it seems they have been given the green light by the judge to do what ever they like.

At this time i am very dispondent and am just waiting to see what evil trickery they come up with next

Thanks RB

[42man]

Quite stunned to be honest....and where your defence comes from makes no difference whatsoever. If it goes to court again or this is followed up, I will come to court with you...!!

[42man]

County court judges should abide by HIGH COURT case law... -

 

THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT

[bladeboy]

What the F***k! How can this have happened?

Is there any avenue of appeal against the Judges decision?

 

This sounds like a very worrying turn of events.

[42man]

Judges do vary, but this has to be one of the worst I have heard of...

[bladeboy]

So what avenues are there now for roofer?

[42man]

I would wait to see what happens RB.....just keep us posted.

[rooferboy03]

I know it sounds incredible does'nt it.

I even stated about the way in which they served the SD and his reply was it doen'nt matter how they served it the fact is they have.

He said i had no grounds to show that the sd should be set aside.

I am obviously now just waiting for the leeches to make their next move and see what happens RB

[42man]

RB....as mentioned, i'm shocked, as you can see other times defences from here have been mentioned too.....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

It obviously was a judge who didn't know much about the Consumer Credit Act.....

[surprise]

It does just go to show how lucky you have to be with the Judge on the day. You very unlucky bearing in mind that Duffers Mum and myself where in and out in 5 minutes with costs.

 

Just don't let it get you down.

[Lilythepink]

Sorry Rooferboy, my judge was awful too, completely believed the other side, and wouldn't let me put my side.

As in criminal courts, can we not appeal a decision, or go to a higher court???? Just an idea, as this happens in the criminal courts, they appeal it if they don't like the decision.....

I am really annoyed for rooferboy, and it just reminds me of my own case.

 

Lily

[42man]

I would suggest reporting to the OFT...it is staggering enough that this was not set aside, but one other cagger had the same experience and is NOT happy...but is seeing it through... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/170237-citifinancial-1st-credit-sd.html?highlight=digitalburnout