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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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nirandudu1

Help !!!!! / I have been served a statutory demand

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I have been served a statutory demand by (bw legal) a debt recovery firm acting on behalf of barclay card.

 

I owe barclay card the amount of 7,411.29 from credit card debt since 2008.

 

They have written and called me severally, but i've ignored all contacts and correspondence.

 

A letter was slotted through my letter box(no envelope,no stamp) on the 7/1/2013 threatening to file for statutory demand,on saturday the 12/01/2013,

 

a letter along with a statutory demand was hand delivered to my address

 

,then again another statutory demand letter was posted to me yesterday monday 21/01/2013 telling me that i have till the 2nd of february 2013.

 

I have never disputed the debt nor have i been CCJ over it.

 

Is it possible to have the SD set aside in my case,

 

can i do it myself or do i need to go to a solicitor?

 

Please help

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Hello and Welcome,

 

I've moved this thread to our Legal Issues Forum, hopefully you'll get some advice shortly.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Have you contacted them since you received the statutory demand ?

 

They will probably come to an agreement over payment. If you let this run without contact, they will file for bankruptcy.

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I have not made contact with them and there's no dispute with the debt.should i call them or write to them?

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The options you have are to

 

a) Dispute the debt

 

Typical reasons are non enforceable CCA but you would have had to send a CCA request before the SD was received for it to be most effective. Amount - can be disputed due to unlawful fees being added or PPI

 

b) Compound the debt - come to an agreement with a repayment plan but it must be affordable and should not prejudice any other creditors. If you make a reasonable offer that you can substantiate and BW Legal refuse to accept it, you can apply for it to be set aside on the basis of refusal to accept a reasonable offer.

 

c) Secure the debt - offer something as security usually a charging order on any property you own.

 

You have nothing to lose by trying to set aside. It doesn't cost anything. You will need to submit form 6.19 which you can find here - http://www.bis.gov.uk/insolvency/Abo...land-and-wales

 

Suggest you send a CCA request to BW Legal and a SAR request to Barclays to get as much information as you can.

 

Sorry got to go to work now but I'm sure someone else will be along to help shortly.

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Thanks northernpug,but what is an SAR and how do i request for it? Should i make a repayment plan suggestion of 50 pounds per month?

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What should i do first,should i request for the CCA and SAR first or write to BWLegal suggesting a repayment plan? Having in mind that i have till the 1st of february,what step should i take please?

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pers i'd get as much info as possible as quickly as possible.

 

sar to BC now by RD

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks dx100uk,but what if they do not respond before the 2nd of february,can/will they still be able to commence bankcruptcy?

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yes

didn't say it stopped them

 

but you need the info.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks dx100uk,but what if they do not respond before the 2nd of february,can/will they still be able to commence bankcruptcy?

 

 

A Subject AccessRequest (“SAR”) will take up to 40 days for response from your creditor.

As you state thatyou do not dispute the debt, you ought to make contact with your creditor andmake your offer to pay the debt off at a rate per month that is within yourmeans.

Request that he(your creditor) withdraws his Statutory Demand (“SD”) and enter discussion withyou with a view to negotiate a repayment plan with you.

Is there any PPI onthe agreement?

If you cannot reachany agreement as to paying a monthly amount that you can afford, or if you donot respond to the SD, the creditor will continue his action against you andproceed to bankrupt you.

You really need toact on this matter and make a decision as to how you are going to deal with it,because if you ignore the matter, it will not go away and only worsen for you.

I hope theforegoing is helpful to you.

Kind regards

The Mould

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Thanks dx100uk and the mould, i can't remember if there's PPI on the account,but chances are there is.So if they refuse my offer(50 pounds per month)hey can still pursue for bankruptcy? That means they'll probably delibrately refuse my repayment offer.

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Thanks dx100uk and the mould, i can't remember if there's PPI on the account,but chances are there is.So if they refuse my offer(50 pounds per month)hey can still pursue for bankruptcy? That means they'll probably delibrately refuse my repayment offer.

 

Whatwere your normal monthly payments under the agreement before you stopped orbecame unable to meet the same? This is relevantas to your proposal to offer £50 per month.

How manymonths’ payments have you missed and what is the reason as to why? Again, this is relevant as to your saidproposal to offer £50

Has yourcreditor served a valid statutory default notice upon you? Has he terminated the agreement via statutoryprovisions of the CCA 1974 as amended or has he terminated under the terms ofthe agreement on the grounds of your non-performance of your obligation(s)under the same?

Kind regards

TheMould

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forms 6.4, 6.5 (not 6.19) re set aside of stat demand


IMO

:-):rant:

 

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forms 6.4, 6.5 (not 6.19) re set aside of stat demand

 

Yes sorry, was in a rush and 6.19 was the first thing I thought of which is to oppose petition, not for set aside.

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Thanks for your response guys. The mould,i stopped paying when i lost my job in 2008(4 years ago),prior to that,i think i was paying 70 pounds(not 100% sure now as its been a while),I don't know if a statutory default was ever served neither do i think they've officially terminated the agreement by the processes you mentioned. Can i dispute based on these???

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Thanks for your response guys. The mould,i stopped paying when i lost my job in 2008(4 years ago),prior to that,i think i was paying 70 pounds(not 100% sure now as its been a while),I don't know if a statutory default was ever served neither do i think they've officially terminated the agreement by the processes you mentioned. Can i dispute based on these???

 

Can Ijust remind you that you have previously stated;

“I have been serveda statutory demand by (bw legal) a debt recovery firm acting on behalf ofbarclay card. I owe barclay card theamount of 7,411.29 from credit card debt since 2008.They have writtenand called me severally, but i'veignored all contacts and correspondence”. (emphasis added)

And;

“I have not madecontact with them and there's nodispute with the debt.should i call them or write to them?” (emphasis added)

You have not posted sufficient details and evidence to supportany view, opinion or advice as to helping you to dispute the debt with a viewto apply to set aside the SD. If it isnow your intention to contest this SD, then you must review all paperwork for thisaccount and post back with sufficient details of the history and any evidencethat you believe will support a set aside application.

I would advise based upon the material you have posted here thusfar, that you contact theClaimant/creditor and put a reasonable offer to him and request that hewithdraws his SD.

Come back and update, if you make an offer that is, post the Claimant/creditor’s response to youroffer, in the alternative, post details of this matter and evidence inorder to establish whether or not we can advise you to contest the SD.

Kind regards

The Mould

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Sorry for the late response guys,i was down due to flu yesterday,slightly ok now though.Many thanks the mould, i think i'll just come to an agreement with them to pay off the debt with an acceptable monthly payment plan,what do you guys think?

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Can check something – has this account been sold to Lowell? I doubt the petitioner is Barclaycard.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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First things first you need to spend some time reading around these fourms, especially in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes but just type in Lowells in the search box and you will find plenty of threads.

 

A CCA request is the first step, and also a SAR, send the CCA request to Lowells (they are probably the owners of the debt now), the SAR goes to the original creditor. You can find the links in my signature.

Make sure you send £1 postal order for the CCA request (send recorded) and £10 for the SAR (again send recorded delivery) You will need to sign the letter for the SAR but NOT for the CCA request.

 

You have got 18 days from when the demand arrived in your hands in which to apply to set aside at your local court. however not all county courts handle bankruptices/insolvencies, you can check here to see if your local court handles BR's / Insolvencies - http://www.justice.gov.uk/about/hmcts

 

You will need forms 6.4 (set aside) and 6.5 (witness statement) which you can find here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales

It doesn't cost anything to set aside a demand.....

 

If you want to fight this and avoid being made bankrupt and are prepared to face up to these bullies then you will certainly be more empowered after reading these forums....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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42man i thank you for your advice,i will get on it immidiately and update as events unfold

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If you need any help please shout....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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