lowell/kays/shop direct - SD - set aside - but now claimform!!

[dx100uk]

ok well well have to wait see

 

dx

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[ATTACH=CONFIG]41491[/ATTACH]

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Hi, to update on my statutory demand threat.

 

It arrived today

 

my husband opened rt he door as I wasn't home.

 

The statutory demand was posted through the letter box whilst the door was open as the man wouldn't hand it to him.

 

It says

'Statutory Demand Under section 286(1)(a) of the Insolvency Act 1986. Debt for liquidated Sum Payable Immediately'

 

The date on it is 15th Jan was so worried when saw this date so rang the court to ask and they said I have 18days from when it was served not the date that's on the letter.

 

But he said it has been known of!!

 

I've been reading as many posts as I can and I know how true that is!

[dx100uk]

and the sum is?

 

dx

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The full amount of just under £4800

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I've been going through my statements and after the £999 was deducted from the balance in 2005 I was actually owed £35. It was a couple of years until I then owed anywhere near £999.

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So even though the item was returned are they allowed to keep the CCA for future debt!

[babydoll0141917]

The CCa they have sent you is for one Item ..they use to send them to me for each item..Surely you should have been sent a CCA from when the account was open..IMO this would be the one needed in court if they were to Issue

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Yes I remember having many of them and ignoring them. I don't know why I signed this one!

It's pretty frightening having a SD hanging over your head! But I"m going to fight it hook,line & sinker with the help of CAG.Sooooo many posts to read I can't sleep for worrying any case.

[dx100uk]

something smells here

 

dx

[babydoll0141917]

I use to sign then too..then they stopped sending them to me..I opened my account in 2002..Cant remember if I signed anything or not..I will be reducing my Cat payments this month has getting way to much ..then I will be asking for a CCA from when the account was open if they haven't got one,,But think they can get away with sending CCAs for separate Items..then they can foxtrot and Oscar

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Yes something definitely 'hum-dings' here!

 

I'm trying to gather some info on these individual CCA.

 

Surely they can't get away with adapting any old CCA signed and store it up for future credit.

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On the above CCA it states

 

'We reserve the right to vary this agreement at any time( example the interest rate, administration charges) but would always give you reasonable notice in writing'

 

What exactly does this mean?

 

Can they change the amount from £999 to £4800

 

Anyone have any ideas on this?

[dx100uk]

std rubbish that has to be there

 

dx

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I don't think I'm gonna find a similar case to to mine, which is a little worrying.

 

Trust me to have a complex case.

 

I need to try n find some more info before I even begin to try and word this correctly for a set aside

 

But I want it done yesterday! so I can eat, sleep & breath again

 

Thank you for your opinions

[dx100uk]

can you scan yp the SD please

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

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yes I'll be able to in the morning

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sd

[dx100uk]

does the default date mentioned match any on your cra file?

 

dx

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Hi, yes I've checked my credit file and 'lowlife' defaulted me on 07:12:09.

[dx100uk]

ok so that confirms its the sane debt as on your cra file.

 

i suspect the OC defaulted it before it was sold

and when sold, the buyers name gets substituted wherever the original creditors is/was.

[dx100uk]

following on from the statement in post 27 [sta 29]

is there a record till today thats arrives at this figure from the sar bundle?

 

dx

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Yes I received first letter from lowlife just after the default was registered.

 

The balance remained as shopping directs.

 

I'm not sure how to get the ball rolling on this?

 

This CCA, as far as I'm concerned was cancelled when the item was returned. I have the statement as proof of this.

 

The 30 default notices I received are for separate orders made in 2008. I have the statements of those orders and several CCA that are not signed by myself for those.

 

Am I right in thinking that these default notices cannot apply to the CCA that I received?

 

Any thoughts more than welcome

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At no point was any other item to the value of £999.

 

No closing statements arrive at that sum, the closest would be Feb 09 closing at £936 and march 09 closing at £1001.15

 

The balance remained below £999 until beginning of 2009 as above

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Just a thought.....do I need to move to legal issues or stay here?