Hampton Statutory Demand - 3 different creditor in one demand *** WON + COSTS ***

[42man]

I think the 18 days would be up on the 1st March. Have you formulated any kind of defence as such so far ?

[2Grumpy]

That would be 31st March I think

[iman]

42man - I have basically gone over similar threads here and was going to use that info. The main one being that the time limit for cca request is tomorrow and they ahve not sent the requested document. Also of the three accounts, the second big one has lots of charges which i started the process of claiming back two years ago and have resumed again. The charges totals over £1k and hence would bring the over all toal amount below bankruptcy limit of £750 i believe.

 

I would greatly appreciate if you can give me some directions as to how to write that.

 

I have not been able to log into the CAG webiste for some reason and so have been panicking!

 

Regards,

[iman]

I just called the telephone number that is on the statutory demand and asked to speak to Graeme Danby regarding a statutory demand I had received. The person on the line informed me that could he help as Graeme Danby does not take any calls as he is a manager. I pointed out that in the SD it named him as my point of contact. He went on to say that Mr Danby does not work in the centre he is somewhere else. I requested that he transfer the call then. I was again told that Mr Danby is a manger he does not take any call or deal with any calls.

 

In the statutory demand it says:

 

'If you despite the demand in whole or part you should:

contact the individual (or one of the individuals)named in part B immediately.

If you consider that you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individual named in part B ...........

 

 

I do dispute the claim, i have not been able to get hold of the named person Graeme Danby and i have not received a reply to my CCA request, the 12+2 days has passed......... they are all grounds for a set aside...... right?

[iman]

Hi,

 

I handed the set aside forms to court!

 

I find it very strange that hampton/lowell did not write to me after receiving cca seen as they were very keen to start bankruptcy.

[42man]

Well done Iman.....good work. They should at this stage be withdrawing as your dispute is MAJOR.....you should now get a date from the court. Also you must submit your costs so that they are in the court files at least 24 hours before the hearing....keep us posted.

[iman]

42 man - May i PM you the content i had come up with for set aside?

 

Initially I was going to send in standard information that you and others had written which amounts to several pages. i was worried that if it got to the hearing the judge may think i was just copying and pasting and hadn't really put my own stamp on the information and thought that may prejudice my case. So i personalised it to my situation in lay man terms. I thought when it got to the hearing that's when i would use all the information i had seen others include in their set aside.

 

Having done that i am now worried that i may have harmed my case. I just needed some reassurance that what i had written should be okay. i don't want to put the info in this thread for obvious reasons.

[42man]

Please do....

[iman]

42man - I have sent you the message

[paulwlton]

Good luck with this.

[fdpm]

Good luck Iman, the leeds losers recently tried it on with me with one of their dodgy SDs and my judge threw it out as an abuse of process! If you are lucky on the day and get the right judge it means all the difference - they are NOT supposed to be using SDs for Consumer Credit related debts... make sure you report them to the OFT too.

[iman]

I think I have a big problem...........

 

I received letter from court:

 

"your application will not be given a hearing date immediately. It will first be referred to a district judge. If the judge considers that you application shows no cause for setting the demand aside, your application may be dismissed. If this happens you and the creditor will be told.

 

If the district judge does not dismiss your application on the first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered".

 

 

y has it been referred to district judge? is this normal?

 

" If the judge considers that you application shows no cause for setting the demand aside, your application may be dismissed". - does that mean the creditor will be able to proceed with bankruptcy? I am so confused i really thought i had good grounds for set aside. As of yet still no cca request adhered to by creditor, date passed last week. Also the fact there are charges on one of the credit card and one account i believe is over 6 years old.

 

 

I am so stressed!

[fdpm]

Don't panic - if you have put in a solid statement for your reasons, it is quite likely the dj will have the matter set aside, or will set a date for the hearing. From what I've read on your thread you have solid grounds for your defence. Don't worry.

It will be okay... just have faith.

[iman]

fdpm - Thankyou for the reassurance. I just want this over and done with. I feel like i have good reasons for a set aside and especially having read other people threads but i still feel its like a lotterry as the decision is reliant on wether i have a understanding judge or not.

 

Will keep you all posted.

 

Many thanks.

[iman]

Hi,

 

I have received letter from court. My hearing date is 6th May.

 

I really need some help and advice as to what i need to do next.

 

When i put down the reasons for set aside i did not use the information provided here as standard (info provided on post #6 on this thread), instead i opted to set out my reasons in layman terms in one side of A4 paper.

 

Is it too late too include all the information normally provided here? is it necessary or should i just stick to what i had written?

 

I keep getting text messages to contact Hampton but as of yet since receiving the Stat Demand i have not received a single letter from them. They had called once when i was in work and i told them to put everything in writing as i was not happy to talking to them over phone. He said okay but have not received anything.

 

All your advice and support appreciated!

[nicklea]

This is what happened to me during my day in ocurt to get a SD set aside, it was three years ago:-

 

http://www.consumeractiongroup.co.uk...=1#post1481216

 

My debt wasn't actually a consumer credit debt but it involved UTCCR and penalty charges so some of the issues are still relevant

[iman]

Thanks nicklea.

 

I read your thread. When the judge advised you that you should have quoted all the case law in ur set aside application, thats exactly what i am worried about now as i had not quoted any.

 

I am so worried that i may have jeoparised my chances!

[iman]

My court date is almost here. Still no correspondence from lowell/hampton.

[iman]

LOL.......... glad that's over! Was in the court room less than 5 minutes. Fantiastic judge. Judge asked if other side were hear i said i didn't think so as i had already asked the clerk and he had told me they had not come. Judge proceeded to summarise quickly what i had written for reason for set aside (statute barred, charges and no response from CCA request). I reiterated to date i still have not heard from hampton regarding cca and unable to make contact with named person on the demand. The judge said he will set aside and that if they want to pursue then they will have to come through the county court route (didn't quiet understand what he meant by that last bit but didn't care as i got what i had wanted a set aside!).

 

I had not submitted my cost for set aside (even though i did call the court the day before and the person informed that i should bring that up with the judge). I asked the judge if i could possibly submit my cost for litigant in person now. The judge looked at it said i was entitled to it and that it was very reasonable and that he would award me the cost! I pointed out that i had to take a day off work and that i was initially going to add that in too but would be happy to accept 19 hours @ £9.25 for research and preparing for the hearing.

 

I have to say that the judge was absolutely lovely and put me at ease. I knew that i had some good reasons but still couldn't help feeling nervous as i have read many thread here whereby people have had judge who didn't really understand and hence did not get the judgement they hoped for. Being awarded the cost was a bonus too!

 

When i came back from court there was a surprise waiting for me. 2 letters from yours truly.

1) smallest of the 3 debt (less than £100) - a print out of some transaction from 2006 in one page the other two page made no sense it was to do with interest rate. they said they were still waiting for the credit agreement and would forward that to me when they had it.

2) 2nd biggest debt which had all the charges. they sent a photocopy of the signature bit and print out of an agreement.

There was no info on the 3rd debt (statute barred).

[42man]

Very well done, and delighted to hear you had a good judge....make sure they pay your costs, and if they don't then let us know....

[iman]

I forgot something very important......... T H A N K Y O U!!!!!!!! for all those who gave advice and supported me, i couldn't have done it with the help from you guys and the site.

[WalkinMan]

Hi there iman, really pleased for you as I'm having problems of my own with these clowns. They should get absolutely battered for wasting time like this and taking the complete p** out of the court system. Not to mention the hassle its caused you.

[nicklea]

Congratulations iman. See, it is possible to do this successfully.

 

What the judge meant about going the county court route is that they can still bring a claim against you in the county court to try and get a CCJ.

 

But, if the debt's statute barred and there are all the other issues then they won't be able to succeed there either.

[iman]

I have just today received the letter from court confirming the set aside and also the cost that was awarded to me.

 

I would be greaful if someone could tell me when Lowell have to pay me the costs by. Is it from the date the hearing took place or when notification received from court?

 

Thanks!

[iman]

Quick update - I am in shock. I came from work today to find the cheque for costs awarded had arrived. I really thought i would have to fight them and thought i wouldn't see the cheque any time soon.