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Question: I have a Bankruptcy Petition served on me. I just found out in the Statement of the Process Server that he posted the first appointment letter through letter box. Not by first class post as it says in the rules. Further the statement copy in court has been amended slightly re the time of appointment as opposed to the original(He altered the evidence).This was his statement of substituted service. As I was away from home I did not see the SD until the 21 days had lapsed so I have not applied to set aside but I have sent in my opposition to the BP. Can I get the BP thrown out because of the above or is the serving of the SD now irrelevant because I have now moved to the next stage? or am I just being pedantic?

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  • 1 month later...

UPDATE after Crapquest threatened to send me an SD i CCAed them ..Its took 2 mth ..today i receive the Same Agreement that robbersway sent ..still showing an account number i dont reconize ..also you can see that Crapquest has printed it off as my address is done the sameway has the letters they send me has..Robbersway version was the same has their headed letters ..

 

There is no sigs anywhere and it has current T & Cs..Has any of you fantastic Caggers got a letter i can send them to shut them up ??

 

I can see now why Robbersway sold the debt to capquest whilst it was in disput

 

Thanks guys xx

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When they sold out to Aviemore all account numbers were changed apparently,

I sent this and they have gone away, for good I hope.

 

Dear xx xxxx

Re: Client Reference Number, xxxxx

On 12/04/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 13/04/2009.

In your letter dated xx/09/2010 I finally received the said document,5 months since after my initial request.

I have read the document you've sent and have reason to believe it may be a re-construction. You therefore need then to confirm one way or the other that it is in fact a true copy of an agreement for the alleged account.

Under CPUTR, I believe you’re obliged to tell me.

If necessary I will travel at my own expense to your offices in Fleet to examine the original document myself.

I look forward to your reply within 7 days.

Yours Sincerely

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Thank you very much Hardup ..I will use that for sure

 

Yes i understand that the account numbers changed after change over ..i never ever received a new card with the new number as my account was closed by them,,Shudnt we of had a new agreememnt to sign if that was the case ???

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I didn't either but if you still had an alleged debt then you got a new account number, I was paying a token payment every month and after they changed account numbers my payments were going missing,

There does seem to be some confusion as to whether you should get a new agreement when a new card (Token) is issued.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Yep the same happened to me ..was payin £1 per mth then all of a sudden i had a letter telling me..that on this occasion we hav received your £1 whatta bout the other 10 ive sent..thats when it got taken over!! even if they dont needa new agreement they shud still send one with a sig on..mine has been going on since 2008..If any of them had anything ligit ..why waste time on rubbish ..and not issus a summons??:)

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  • 2 weeks later...

UPDATE

 

well i sent Crappy the letter in post 6 thanks to hardupnotfedup

 

and i got a letter of crappy today saying (further to your recent correspondence could i pls send them by 9th may full details of my dispute Blah Blah this is not a demand but a request

 

LOL what planet are they on ..They know full well what im asking in last letter..why do they just ignore you ?? they hav not even mentioned nothing to do with the last letter ..IDIOTS lol

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Hi babydoll, found my way here.

 

There is a letter that you can send, but it should have been some time ago, or maybe you did send one and they lost it???????????

 

What stage are you at now. Has it or is it going to court or has an arrangement been made.

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Hi vint

 

Thanks for popping over ..:)..I had alsorts of threats from blair etc ..then nov 2008..iqor got hold of it sent them the dispute letter has halifax didnt send me a CCA after 12 mths,,then they send me CCA told them Application wasnt acceptable..they said they was working in good faith for hali and if im not happy to contact hali direct i did so ,,they went away ..then december2008 gets a letter from Capquest ..told them it was in dispute with halifax they closed there filethen march 2009 ..gets a demand from robinsonway ..told them it was indisput they went away ..not heard any more since the last letter from robbers onMay 2009..

 

 

no court nothing ???

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Well, I would be inclined to hang on until they contact you again.

 

If they do, then write to whoever contacts you, stating that the agreement has been unlawfully rescinded. We can deal with that letter when you are contacted next, assuming that you have not made any payments since the DN.

 

It is not wise to state that you have already sent the UR letter. It would be fraudulent and if you get caught out, there will be severe reprocussions.

 

Just keep it in your mind as being UR and that they should know that as a sophisticated financial organisation.

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Ive never sent the unlawful recinded letter

 

Halifax let me pay £1.00 a mth for 3 mths starting oct 2007my first payment was Nov 2008..they then reveiwed it after 2 mths..I know ive not payed anything since March 2008 ..am i in the ****ty lol???

Edited by babydoll0141917
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I don't think that there is any rhyme or reason to their actions.

 

I think they go through the process of using several DCA's, then either give up or go to court. It may depend on the card ballance. If it is too low, then they just cut their losses.

 

I heard of one case late last year, where they issued a county court claim and the defendant put in an embarrassed defence, so they caved in and dropped the case.

 

There is no telling what they will do though.

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  • 4 weeks later...
  • 1 month later...

UPDATE..Well its been 15 mths that i told robbers way this account was still in dispute with Halifax...Today i hav received a letter from IQOR tell me that halifax has passed to them to collect on and not to write to halifax as they will only pass back to iqor..iqor was one on the first to collect on this acount way befor robbers come on the scene now its back with them..they basically askind for full amount if not they will assess my financial circumstances and i may be able to hav a SUBSTANTIAL discount....OOER misses..Do i ignor iqor or do i reply ??

 

Cheers guys

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  • 2 months later...

how do i subscribe to this thread?? in a similar situation with haliprats and all the dca's youve mentioned... just received solicitors letter from Geoffrey Parker Bourne on behalf of iQor today... saying legal action pending... I'd send bemused letter to iqor and they replied saying haliprats said they'd complied with CCA and they were to carry on pursuing the debt.... GPB must be thier next scare tactic...? it says I've got to contact GPB direct and not iQor... do i send similar bemused letter to GPB ??? hows everyone getting on with thier stuff... any more news?

 

Tigger :)

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