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    • Danny - point taken about the blue paragraphs.  Including them doesn't harm your case in any way.  It makes no odds.  It's just that over the years we've had judges often remarking on how concise & clear Caggers' WSs have been compared to the Encyclopaedia Britannica-length rubbish that the PPCs send, so I always have a slight preference to cut out anything necessary. Don't send off the WS straight away .. you have plenty of time ... and let's just say that LFI is the Contract King so give him a couple of days to look through it with a fine-tooth comb.
    • Do you have broadband at home? A permanent move to e.g. Sky Glass may not fit with your desire to keep your digibox,, but can you move the items you most want off the digibox? If so, Sky Glass might suit you. You might ask Sky to loan you a “puck” and provide access as an interim measure. another option might be using Sky Go, at least short term, to give you access to some of the Sky programming while awaiting the dish being sorted.
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    • Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping  sign is tacitly accepting  the  contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later.
    • Yes - ignore. Because of another MET victim today I looked at all our MET cases back to June 2014 ... yes, 10 years. They have never dared take a motorist to court and argue their case before a judge.  They have started the odd court case, but as a means of trying to intimidate the motorist into coughing up, when the motorist defended and refused to give in it was MET who bottled it and discontinued.
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Lowell Portfolio 1 Ltd - dodgy letter??


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Well According To This No

 

Do You See Process Servers Listed

 

Trade Of Premisis No

 

I Would Think A Nice Letter To The Leeds Loosers Is In Order And A Complaint To The Ico And Oft Also On These So Called Process Servers

 

Its All Rollocks

 

Wait For A Few Days For More Comments Though

 

Lowell Must Be Getting Desperate

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Does look like it might be a fishing exercise by Lowell. Your safest bet is to get it set aside and claim back your costs in doing so. You don't have to have legal representation to do it, many from this site have done it themsleves. You will have to assume you will need to attend court and face them across a table (fairly informal process). You can claim Litigant in Person costs (£9.25 per hour unless the figure has changed) this includes time for researching and putting together your defence. You could come out of this with a nice little tax free bonus :)

 

Ignore the dates on the documents, your time for setting aside starts from the date of service, i.e. when you actually receive it.

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The Office of Fair Trading: Contact us

 

Complaints - Privacy & electronic communication - ICO

 

Lowell Group - Customer

 

I see their 'Customer' site is still under construction!

Losers in every sense of the word, I wonder how long it will be before they go out of business?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you - I will mention the dates - and there were 2 witnesses here at the time he came - thank goodness. Fuuny really - 1st thing this morning I felt quite positive about it all, but the self doubt and panic is setting in again now - but that's what these parasites rely on I suppose.

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I've just read the set aside link - surely (or am I misunderstanding again!!??) the set aside can only be applied for by me if a court case against me has been started? I think I may have to trot along to a solicitor because I'm really confused! Not surprising really with all this c**p going round and round in my head!!

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this is just typical of lowells

predated

you have 18 days fron the date of service for set aside

your technically out of time. dont worry about it youve got 2 witnesses as to the standard of service.

ill have a look at the "green book" regarding proper service.

your 2 witnesses now need to make a statement of truth regarding the service, and the fact that it was pre dated.

firther a stat demand has to be on a specific type of form if being served under insolvency rules a letter from a company is not suffice.

will keep you updated

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This is what an official SD looks like

 

SDP1.jpg picture by fiftypence_photo - Photobucket

SDP2.jpg picture by fiftypence_photo - Photobucket

SDP3.jpg picture by fiftypence_photo - Photobucket

SDP4.jpg picture by fiftypence_photo - Photobucket

 

compare it to your own to see if its similar.

 

The SD is a precursor to making you bankrupt, if you don't respond by having it set aside they can then apply to make you bankrupt.

 

Don't panic though, most of these can be set aside quite easily and a lot of time these are not followed up to the bankruptcy stage anyway, they are used as a scare tactic. However, it is important to treat it as though they will follow up with the bankruptcy action so that you can be prepared for the worse, but setting aside the SD will stop any bankruptcy action in it tracks.

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I have today had a reply from Barclaycard - which surprised me as I expected it to be from Monument. I sent the £10.00 letter off to the address that I found on an old Monument statement though??

Anyway, the letter says:

Dear Sir/Madam

 

Reference SECTION 78 of the Consumer Credfit Act 1974

 

Barclaycard Account Number: Unknown

 

Thank you for your request under section 78 of the Consumer Credit Act 1974.

 

Based on the informatiojn you have given we are unable to locate your Barclaycard account number. Please provide further information to allow us to proceed with your request.

 

Yours sincerely,

 

 

*********

 

Barclaycard Customer Services.

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Phil, No I haven't started the set aside process yet - having read the info on here, it appears to me that I can only do this if a judgement has been entered against me? How do I know if one has?

 

postggi - thank you - so, please excuse me being a bit thick (again!!) but as the original card was Monument Visa, wouldn't Barclaycard have been the original owner so to speak? And do I now need to write back to them with more details other than my full name and address which they already were given in my subject access letter?

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You really must get this set aside.....they do not have to have a judgment against you necessarily to attempt to enforce a bankruptcy petition...and it is easier to set aside a stat demand (as this is where debts should be disputed) not at the hearing of the bankruptcy petition. Moreover, if you don't set aside the demand within 18 days of the date on the demand, you have to pay in the region of £30 to set aside outside of the timeframe....

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