Lowell/Hamptons Statutory demand - old EGG debt *** WON + COSTS *** 2 years later - SD Issued again !!

[mandyjayne]

Hi VV

 

Mine was delivered by an investigations company also...they will turn up knock at the door if you dont answer they will put it through your letterbox, if you dont have one then.....not sure!

 

They knocked at 10 pm at my house hubby told them to p*** off in no uncertain terms then they sent me a letter saying they would call in 2 days time at 9pm they did, and put it through the door.

 

A SD should be taken seriously...although there are many things that have to comply on the actual SD to make it the "real deal" if you like...

 

For one it must have the name of your NEAREST county court that deals with bankruptcy, it also must have a contact number of someone you can call, and it must be that person that answers, on it also.

 

Then you must try and get it set aside...with help from these guys, you will be able to do that im sure.

 

hope this helps VV until the troops arrive, heres a link to my thread, the SD bit starts a few pages in so have taken it from there for you...it may help....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

 

cheers MJ:)

Edited November 8, 2009 by mandyjayne
add on

[mandyjayne]

ok vera me and you together here dealing with the same people...and a SD...

 

Egg/hamptons/lowells.

 

back after dinner!!

 

mj:)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

[mandyjayne]

V dont just rely on the CCA, did you receive a default notice, notice of assignment, termination notice.

 

Sorry if im going over old ground here with yours but have you CCA'd lowell and SAR Egg.

 

Check out your actual SD to see if it meets the requirements, have a look back on my thread what 42man told me to look for..nearest court etc

 

also look at what i put on my 6.4 and 6.5 reasons for set aside its possibly very similar!!

back soon x

[mandyjayne]

Hi V..

 

you can CCA and SAR whilst doing the 6.4/5 i did.

 

No you dont need an appointment but you have to swear your docs in, make sure you ask for a receipt.

 

Take 3 sets one for you one for court one for lowlife.

 

I will go back to my defence that 42man helped me with and put on here for you.

 

MJ:)

[mandyjayne]

Hi V...lilly has added one above and below from this post on my thread may help

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-6.html#post2460055

 

regards MJ:)

[mandyjayne]

Thanks for all the help everyone!

 

Was just wondering, is it a given that this will be set aside? The clerk seemed to think not.

 

I don't want to be landed with having to prepare a defence at the drop of a hat....

 

I know i am probably making a mountain out of a molehill at the moment but it would be just my luck!!

 

Also, should I have sent copy's of the forms (or anything else) to Lowells??

 

Hi Vera..

 

No i dont think so V, in answer to your first Q, the judge i think looks over what you sent in and if they think you have good grounds to fight then then the hearing is set.

second Q, you should have had 3 sets of your paperwork, one for you one for court one for lowlife! the court sent my set to them.

 

I am starting to worry slightly about mine, it seems to be galloping nearer at a huge rate of knots:eek:

 

Hope this helps and you do on the other hand have some great ammo, re: the probe investigations outfit! 42man will sort that bit for you!!

 

all the best

 

MJ:)

[mandyjayne]

V..

 

My understanding is that Lowells should have your CCA, as they are the ones who now own the debt.

 

They still have not sent my CCA, requested back in Sept. Account now in dispute letter sent.

 

You say you have received your CCA (from Egg?), is that all you got in response to your SAR??

 

regards

 

Mj:)

[mandyjayne]

Hi v..

 

thats a good point, i wonder what you can do with them if they return them! maybe someone on here knows, not me thou!!

 

So did you only receive the CCA from egg nothing else? no dn, tn or noa any terms and conditions?

 

The application form needs to be looked at for enforcability...wait for someone to advise weather to post up here, as we do get some prying eyes! My one does not contain a "your right to cancel" box check this on yours.

 

all the best for now V...

 

mj:)

[mandyjayne]

My head hurts..... have just read on MSE regarding the Manchester case and CCA loopholes!! I dont understand the majority of what is talked about on this forum and cant find out what baring it may have on this case now??? Could someone help me out?

 

I have received a load of bumph from Egg in response to my SAR but it is HUGE and I fell ready to throw in the towel following all the recent bad news regarding the Bank charges and CCA case news...

 

All my old bank accounts are writing to me following the test case telling me basically that they have won the case and I need to pay up on all outstanding overdrafts (completely made up of charges) I even had a thought that it may be worth allowing them to bankrupt me as I have no hope of paying everything - especially if the CCA arguments are thrown out!!!

 

I am about to lose the plot....

 

V....stick with it..dont lose it now!

 

Its normal to have moments like this, you need to post anything and everything, even about your bank accounts, for help and guidance, there will always be someone on here that can help you. My hearing is in 10 days and im getting pretty gittery now, but there is no way i would give up and not turn up and let them win! You have a set aside hearing and you still have a strong case without the agreement, keep focused!

 

Deal with one thing at a time the SD is your only problem just now and you have done all that can to address it:)

 

read the link on post 60, above it may help, the mods on here dont seem to fazed by whats sprung up so dont panic yet!

 

all the very best MJ:)

Edited January 2, 2010 by mandyjayne

[mandyjayne]

Hi V..

 

When you put in your 6.5 and 6.4 to the court did you put in your witness statement/defence at the same time? below is a link to what i put in, it may help you to get an idea (yours may not be the same so dont copy) unless someone advises

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-9.html#post2675754

 

If you look back on your thread 42man gave you some sound set aside reasons, as in the process server of your SD does not hold a current licence.

 

Other reasons are no notice of assignment, no default notice etc

 

anyway have a read of what went with my 6.4 and 6.5 and it will give you a start

 

cant be of much more help V sorry

 

all the best

 

MJ:)

[mandyjayne]

Hi V..

 

When you put in your 6.5 and 6.4 to the court did you put in your witness statement/defence at the same time? below is a link to what i put in, it may help you to get an idea (yours may not be the same so dont copy) unless someone advises

http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-9.html#post2675754

 

If you look back on your thread 42man gave you some sound set aside reasons, as in the process server of your SD does not hold a current licence.

 

Other reasons are no notice of assignment, no default notice etc

 

anyway have a read of what went with my 6.4 and 6.5 and it will give you a start

 

cant be of much more help V sorry

 

all the best

 

MJ:)

 

 

Have a read of the first paragraph V..did you submit anything along with your 6.4 & 6.5??

 

MJ:)

[mandyjayne]

Morning Vera..how you getting on with this?

 

hope your ok

 

MJ:)

Edited February 2, 2010 by mandyjayne

[mandyjayne]

Hi MJ

 

Thanks, not getting on too well at the moment having some family problems and feeling really confused feel like I am going to come across as a complete imbecile in court. I only submitted the 6.4 and 6.5. I have received a load of bumpf from Egg in relation to my SAR but nothing from Lowells ... I understand that I am defending this as I have had nothing from them (DN, NOA,,) but the more I read the more confused I get- my head is bursting

 

But I would go to bits if the judge asked me if I understood the Manchester test case or anything like that.

 

I have taken the day off to attend court next week but feel I have left everything too late and am absolutely petrified to go to court. Whet happens if I don't go? Will they just bankrupt me? Will I lose my home?

 

I have no idea how to prepare a defence let alone stand up for myself in front of a judge and solicitors..

 

Hi Vera..

 

Sorry to hear things are not to good at the mo.... the pressure of an up and coming court hearing makes things twice as bad!

 

Firstly...you MUST attend this hearing next week..for all you know the other side may not even turn up..then its a walk in the park!

If they do, then the DJ will make allowances for you, being a LIP. He/she will not expect you to know or present your case like a pro! He will not ask you the ins and outs of the Manchester Case...(my hearing in Jan, the DJ just asked if i was aware of the MC, i just said i yes!)

If you dont go then, they will get the upper hand!

 

Secondly...this is not a Bankruptcy hearing, its a hearing to set aside your SD, if they win this round then they could go for a Bankrupty Petition...but my belief is this costs them a lot money, and will only do it if they have decent chance of getting some cash out of it.

 

In the absence of someone who knows more than me V i hope i am explaining this well!! And no you wont lose your home;)

 

You are defending the fact that they have not provided you with a NOA, DN, my advice to you as a matter of urgency is to hit the red triangle and find out if you can send in a witness statement/defence or is it to late??

 

Also keep bumping up your thread until someone answers! I believe the NOA plays an important part in the SD set aside...read my thread V and pick out the bits that apply to you as mine is very similar, copy and paste them into notes and print off to take to court with you, also drop 42man a PM, see if he can step back in and guide you, although ive not seen him around of late!

 

All the best V

 

MJ:-)

[mandyjayne]

See post above first Vera, then this will make sense

 

a couple of post from my thread from 42man

 

"Just know your stuff !!! and if for any reason it isn't going your way then you request the judge ORDER the other side to disclose ALL the documentation, default notice, termination, notice of assignment, deed of assignment, proof that the debt is securitised under English Law. And request costs reserved."

 

MJ..i'm adding comments as I re-read your thread....I think your Subject Access Request is important in this too. As Egg never sent any DN or termination or assignment then it was incapable of being assigned....if it isn't going well for any reason then you tell the judge that as the Civil Procedure Rules don't apply in the Insolvency Laws then you have had to rely on a Subject Access Request made under the Data Protection Act which has revealed that they never sent you a default notice, no termination or any assignment !! This could be construed as being an unlawful recission of contract....

 

and this from ODC.....

 

section 136 of the Law of Property Act 1925

 

They must prove that you have been served with a notice of assignment and of course the only way the Leeds losers can prove this is if they sent it by Registered post or recorded delivery.

Edited February 7, 2010 by mandyjayne

[mandyjayne]

V...

 

i have just pm'd themainman for you, he has also been down the lowell/sd road! and has given me some sound advice...hopefully he will pop in soon..dont fret it will get sorted!

MJ:D

[mandyjayne]

if they DO turn up with paperwork in hand, the judge will ask them why a copy has not been sent into the court or to you!

 

This is what happened in my case. The DJ was not impressed, the hearing was ajourned and they were ordered to produce a witness statment and file it within 14days, one to me, one to the court. They did not, the same thing happen in Mainmans case...why dont you give the court a call in the morning give them the case number and ask them to check if any paperwork has been filed...bet it has not!!

[mandyjayne]

Good luck V...

 

I will be thinking of you today...all the best and you will be fine even if they turn up they prob wont have anything with them..as i said before even if they do have paperwork the judge will most likely adjourn so that you can read.

 

Please post up as soon as you have news xxxx

[mandyjayne]

Vera,vera, vera....

 

Whooooppppeeeee...i bloomin' well knew you could do it!!!! See now dont you feel 100% over the moon...to think you were not going to go!

 

I am so happy for you...feet up with a large vino tonight..have one for me

 

love mj:)

[mandyjayne]

V, is it still on your credit record??