Help! Threat of bankruptcy - hand delivered, Capital One-Lowell/Hamptons

[bluerose4u]

Thanks for that - made very interesting reading -

my initial concern now remains that I was served with papers officially, it allows 18 days to call and make payment/arrangement ? or apply to court to have set aside. The document I was served with was dated 2 days before I was presented with it late in the afternoon, so I already lost 2 days. I do dispute the amount and requested the usual CCA and SAR straight away ( rec del) using the templates here that of course will not come until after the 18 day deadline for obvious reasons no doubt -

In Particulars of Debt - it refers to notice of assignment having been served upon debtor ? - is this simply standard terms? would this be in person or writing does it matter - as I have no recollection of this at all.

 

In my head I feel there was a few hundred outstanding, but so long ago since I ever made a payment and I was going through hell at the time -

Thx for all your help - please keep it coming, Im due to have surgery shortly and this is really messing me up. x

[nometer]

Subbing

[bluerose4u]

Well - an update!

I received the SAR from Capital One, came the day I was due to hand in papers at court to set aside. There does not seem to be a default notice? within their docs, mentioned this in the statement and no CCA from either of them which are overdue now. All I can do now is wait and see isnt it?

[diddydicky]

is the issue of a DN recorded on their computer files- they do not need a hard copy of the DN- just evidence of it having been produced and posted

 

check their files carefully!

[dunwoody21]

Hello BlueRose how are you getting on with your SD ? did you have it put aside.

[bluerose4u]

I handed my papers into court and after phoning the court today have been told I will be given a date for a hearing - not sure what to expect though,

[bluerose4u]

from what Ive read i am sure it will appear if it hasnt already! ;-)

[dunwoody21]

Ive set aside mine as well using no CCA, no asignment debt delivered by recorded delivery etc, the SAR turned up to today and there is about £250 charges + Interest that i have not claimed back on my old credit card. I am going to claim these back but i am not sure if i can still, can anyone help as the account is in dispute.

[barbara1950]

i am in a similar position but do not know what defence I can use to have it set aside, because I owe it!

[dunwoody21]

Hello

 

We all owe something to someone some where.

What is yours for ? is it a credit card ? if it is you could do as i have done.

I have asked the DCA and Barclay card for a CCA,proof of letter of asignment etc. Barclay card have responded to this with terms and conditions but no signed agreement and the the DCA have not responded. I then used this in my defence on the set aside form there are many letters on here to copy, if you cannot find it i can let you have what i have used. I then asked Barclay card for a SAR i paid with a £10 Postal order and used Royal Mail special delivery. When it came a week later i went through all the credit card charges that added up to £920 with interest i then sent a standard letter asking them to pay them back they responded with standard letter, i then sent another telling them to pay back in 14 days or i will issue court action without further notice. A week later i received a letter saying that they will credit me the £920 and barclay card will notify the agency reponsible for my account and amend the balance accordingily.

I believe if i make it to court this will strenghten my case as the DCA is chasing the wrong amount .

I hope this helps

Woody

[barbara1950]

Its good they gave you the charges back. But what were they for? just general charges of excessive ones. I might try that with Barclaycard, but mine was just a normal cc account, im not really sure what charges other than interest they have put on? Can you just advise me what is a SAR, im not sure. Ive worked out most of the other abbreviations!