I am sorry to hear of this awful situation. The first thing you should do is send a complaint to this address at the OFT - Polly.Ashford@oft.gsi.gov .uk (without the space) Were there any adjourned hearings during the proceedings where either your father or the opposing solicitors didn't attend ? Have you read the affadavit / witness statement from the process server that was attached to the petition to note any discrepancies. i.e. that date they said they met your father was he somewhere else ? To attempt to answer your questions then the trustees fees will be in the region of 20% - 40% of the total amount. Has your father been for an interview with the official receiver yet ? I can only presume he has. At this late stage I think you would have a monumental battle to get this annulled unless you pay the debt and the legal fees.

You really do need to find out when the last payment/default was if indeed it is statute barred then you should use this - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456

Please do have a read of some of the threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

If they have advertised it then a judge will probably deem this as service. Is there likely to be much equity in the repossessed property ? I know that when houses are repo'd the legal charges / fees can be astronomical, and I have seen stories on here about properties that get sold off at auction for a fraction of their true worth....I think it may be worthwhile contacting them stating that your friend had seen the advert. How you will be able to stave off the petition then I don't know. If your friend ignores the petition then (as does happen on occasions) then a judge will make you bankrupt even if you aren't in court.

Yep either above or write a stinking letter to the Chairman of HSBC, explaining exactly what has happened, quoting BCOBS and asking them how they propose to rectify this debarcle..

Lowell usually chase debts that are close to or statute barred.

(Do you still have all the other paperwork from the last set aside ? - make sure you keep it really safe) As above or positively invite them to send you a stat demand, so you can claim your costs (again)

Excellent...send one copy to the Information Commissioners Office, save one for the judge, send one to the OFT and send a copy to the person named on the statement (if the address is there)

(13.3.3) Where personal service is not effected or the demand is not advertised in the limited circumstances permitted by rule 6.3(3), substituted service is permitted, but the creditor must have taken all those steps which would justify the court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the court declining to issue the petition (rule 6.11(9)) or dismissing it. (13.3.4) In most cases, evidence of the following steps will suffice to justify acceptance for presentation of a petition where the statutory demand has been served by substituted service (or to justify making an order for substituted service of a petition) – (1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses. (2) Should the creditor fail to effect personal service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet the debtor, adding that a further call will be made for the same purpose on the [day] of [month] 20[ ] at [ ] hours at [place]. At least two business days' notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that: (a) in the event of the time and place not being convenient, the debtor should propose some other time and place reasonably convenient for the purpose; (b) (In the case of a statutory demand) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the court will be asked to treat such service as service of the demand on the debtor; © (In the case of a petition) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the court may think fit.

Have a read of this - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/insolvency_pd

Guide to costs here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons

If it was me in your position then I would be taking the forms 6.4 and 6.5 down to the courts myself....how did you send them in ? recorded delivery ? normal post ?

Scan it up if you can....you really need the results of the SAR....but whatever you do please, please report this to the OFT. If Lowells have applied for a adjournment, then you don't have to 're-apply' as such, I think they want time to answer your defence....(I don't they will be able to !!)

It is now down to a choice that only you can make... ..either fight or come to a payment arrangement with them, you have already shown that you are nervy about standing and fighting your own corner as you made a F & F. The reason for sending a SAR is that you can 'cut the bandits off at the pass' so when (if required) you press the judge for full disclosure of all the paperwork in your arguments then, you can show not only that you have made more than a reasonable attempt to get paperwork from the original creditor, but if they try and produce paperwork in court, then you can compare it to what is being held by the original creditor. The other thing you need to do is read around the links in post #32 above, if you ignored the stat demands and let it get to petition stage it becomes harder (and then costs become involved) although certainly not impossible to set aside. Any dispute you have/had should come at stat demand stage, if you never saw the demand then a judge will consider this at petition stage.

Typical stalling tactics....if you have to then do supply your signature (but put crosses through it so it can't be lifted) It may be that they no longer hold any information on you at all.....which would be terminal (for them !!)

You have 18 days from when you received the demand to set aside, and as you can see from reading these forums BW Legal / Lowells do pursue these to Petition stage, if it was me then I would certainly be setting it aside - you should find some useful threads in here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes If you need help then please shout

Are you prepared to step up and fight this ? Does the petition state (by way of a witness statement or affadavit) how the statutory demand was served / not served ? Did the reconstituted agreement have your name and address on it ? does the interest rate match up to the interest on the statements ? You will need to apply to dismiss the petition via From 6.19 - which you can find here - http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales - This is a useful thread too http://www.consumeractiongroup.co.uk/forum/showthread.php?388479-Bankruptcy-Petition-and-BWLegal-HELP&highlight=petition You will need to get the 6.19 in to court at least 7 days before the hearing (along with an accompanying affadavit and witness statements if required) with one copy going to the court and another copy going to BW Legal. Please do spend some time reading around these forums, and if you need some help then please shout..

Yes, you need to set aside the other stat demand in an 'out-of-time' application, there may possibly be a fee to pay to do this, but you should also explain why you are applying out of time too in your witness statement.

I am still slightly worried as no agreement has been produced.......despite your SAR and I think you also made a CCA request too ? if the deed of assignment doesn't go your way then a huge issue is a legible and enforceable agreement.... I would be really surprised if they weren't able to produce the deed, as it may be one of a number on a sheet of paper that they purchased....

What are the particulars of the claim ? (don't be too specific with dates, numbers etc). I also suggest sending the CPR31.4 - have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage I suggest you stick to the timetables, and you must mention your set aside of the demand too. However as has been said on here on a few occasions, judges have said that the debts chased under the insolvency laws can still be pursued under county court claims, so you still may have a battle on your hands....

You might like to try calling the National Debtline to discuss, their advice is free impartial and confidential - http://www.nationaldebtline.co.uk/

The SD will not expire as such, and I would only recommend bankruptcy as a last resort. I hardly dare say this but if bankruptcy is the only option, then you could possibly send them an email inviting them to make you bankrupt and that you will not be disputing it. Once you are made bankrupt you will have to attend a meeting with the nearest official receiver (usually within 14 days) where you surrender your cheque books, cards, details of any pensions or any assets, list all your debts (including any disputed ones), your outgoings, etc. and it isn't as scary as it sounds. If you have a car that is vital (usually if it is valued under £1500) to your day to day needs for you or a member of your family then you should be allowed to keep it. You may have to open another basic bank account after being made bankrupt.

You may also find something interesting in here too - http://www.consumeractiongroup.co.uk/forum/content.php?463-Mbna-Agreements-application-Forms

Does the agreement contain notice of cancellation rights as prescribed by Consumer Credit (Cancellation Notices And Copies Of Documents) Regulations 1983 ? If not then it could well be unenforceable !!

Have you checked whether the default charges match up with what is on your statements ? Does the date of the agreement look like it could be yours.....with no name or address on it, then it could be anybody's !! As for filling out costs then have a look here, make sure you get the costs in so that they are in the court file at least 24 hours before the hearing.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons