Try your best to relax, I know it isn't easy and I have been through what you are going through so I know what it is like.....get ALL the paperwork from court asap.

You will get a date for a hearing usually within the next couple of months, if you do then you should attend to fight your corner and claim your costs.... There has been the very odd occasion where a judge will make a judgment to set aside in writing without a hearing, but I have only ever heard of this happening on one occasion.

You have left your personal details on the correspondence, I have unapproved your posts which show your name...

Lloyds TSB are one of the worst, from personal experience when you complain they do not answer questions properly. I took a relatives claim straight from their pathetic answer to the FOS and the FOS found in my relatives favour....just go straight to the FOS from here. If they had half a brain they would pay up to avoid the £450 the FOS will charge them. In my relatives case they just offered PPI without carrying out any kind of needs assessment whatsoever, and when quizzed about that particular point in my initial request they just ignored the point completely...

Having used KwikFit for the last 20 odd years I was a little too trusting today....I needed 2 new front tyres, looked up the price and it said this (and indeed I have just checked again and it is saying the same price below !!). Not only that but another very local tyre company were quoting the same price (online price from the other company WASN'T an internet offer either.... Fine I thought..... This is what KwikFit were stating on their web site Make Model Tyre Size Price Quantity Total Continental Premium Contact 2 215/55H18 £140.00 £280.00 Standard Valve £4.75 2 £9.50 Wheel Balancing £6.75 2 £13.50 Environmental Tyre Disposal £1.50 2 £3.00 Total £306.00 When arriving there the chap said i'll check your alignment too and it would take about an hour, I said ok fine..... I got back and he said it had all been done, it came to paying in the office, and he started showing me diagrams of my wheel alignment (which didn't mean a lot to me to be honest). He tapped the screen a few times and I could have sworn he said £409.....I paid and only AFTER I paid did he print off the receipt, slipped it in a nice KwikFit enevelope, and as I was in a rush to get back on my 4 hour journey into the snow I didn't check the bill...I get home a couple of hours ago and the receipt shows this Tyres 2 (exactly as named above) - £191 each x 2 = £382:00 WHEEL BALANCE x 2 @ £6.75 = £13:50 ECO TYRE DISPOSAL x 2 = £3:00 NITROGEN INFLATION x 2 @ £1:50 = £3:00 VALVE x 2 @ £4.75 = £9:50 CHECK & FRONT ADJUST = £39;95 REAR TOE ADJUST = £19:95 REAR CAMBER ADJUST = £19;95 TOTAL COST £490.85 an increase of way over 50% and not only have they 'inflated' (excuse the pun) the price of the tyres by £38 EACH they have the nerve to also add on all the extras too.... Needless to say I am more than a little peeved about this, I have never been ripped off like this before, especially so as you build up a certain amount of trust with a company like this after a number of years.... I will not be using this company again and will go to a local supplier, all I can say is get them to quote whilst you are there, if they ask about anything you aren't sure of then ask them how much it will cost.......otherwise stay well clear and support a smaller business.

Please DO drop an email outlining your story Polly.Ashford@oft.gsi.gov .uk (without the space)

Couple of links here to help with AQ - http://www.consumeractiongroup.co.uk/forum/showthread.php?131499 http://www.consumeractiongroup.co.uk/forum/showthread.php?121975#post1385509 http://www.consumeractiongroup.co.uk/forum/showthread.php?175566#post1916595

You may like to have a look at this thread, try and understand what is being said and why, and if you need some help then please shout - http://www.consumeractiongroup.co.uk/forum/showthread.php?372637-Lowell-Hamptons-Statutory-demand-***-Set-a-Side-amp-Dismissed***

Let us know what documents are there and if there were any adjournments....be careful about posting up anything that might identify you.

Very, very well done, i'm delighted...can I please URGE you to report the whole debarcle to the OFT please....

Have you visited the court to get all the paperwork ? it is crucial to do this if you want to fight it....

Keep us posted in case you hear any more.....I would still inform the OFT too, you MUST

Do you have a good paper trail ? If it was me in this position I would outline in writing exactly the timelines and problems and how it has affected you, make sure you send it to the landlord recorded delivery. Await his/her answer. You say that - "We tried to find an amicable solution with their solicitors and requested a full refund on the service charge as we have not received the service which we paid for? They threatened us......" what did they threaten you with after you raised what is obviously a justified complaint ? You say you had arrears caused by their inefficient management....what did they do ? Have they done something deliberately to put you into arrears ? I am not an expert on this but it may be a good idea to seek a bit of advice from a solicitor, do you have any (free) legal coverage on any of your insurances ?

Were there any adjourned hearings at all ? If they have asked for substituted service then they have to show on the petition affadavit / witness statmenet how they had attempted but failed to serve anything on you personally....

You have paid.....as long as you have proof of the payment, it is extremely unlikely that you will face a petition....if he does issue a petition then you can easily set it aside and claim your costs. If it was me in your position then I would not be setting it aside....

This for the CPUTR2008 point The defendant also wishes to make known the statutes in the Consumer Protection From Unfair Trading Regulations 2008, and believes that the alleged creditor is in multiple breach of statute Offences relating to unfair commercial practices. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b). Which clearly state... Misleading actions 5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3). (3) A commercial practice satisfies the conditions of this paragraph if— (b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if— (i)the trader indicates in a commercial practice that he is bound by that code of conduct, Interpretation.—(1) In these Regulations—“average consumer” shall be construed in accordance with paragraphs (2) to (6);“business” includes a trade, craft or profession;“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;“code owner” means a trader or a body responsible for—(a)the formulation and revision of a code of conduct; or(b)monitoring compliance with the code by those who have undertaken to be bound by it; “trader” means any person who in relation to a commercial practice is acting for purposes relating to his business, and anyone acting in the name of or on behalf of a trade The defendant refers to the Code Of Conduct stated by the Credit Service Association of which Lowells are a member - The code of conduct clearly states Every member shall: a conduct its business in compliance with all relevant legislation, regulations, regulatory guidance and requirements and this Code of Practice v when an account is reasonably disputed or a complaint is received, suspend collection activity and investigate and where applicable refer the matter to their client aa treat debtors fairly and not subject debtors (or their authorised representatives) to aggressive practices, or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not a) Conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly. Office Of Fair Trading 3 UNFAIR OR IMPROPER BUSINESS PRACTICES e. When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information • a person being pursued for an incorrect amount. f. failing to ensure that an accurate and adequate history of the debt is passed between parties, as appropriate and necessary n. making undue, excessive or otherwise inappropriate use of statutory demands when pursuing arrears or debts Comply with this Code of Practice and follow any guidance notes issued by the Board of the AssociationPublished by the Office of Fair Trading

Your argument about the interest rates is weak in my opinion, you should check the interest rates claimed in the alleged agreement match up to what the interest rate figure is on the statements. The defendant also refers to PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011) CA (Civ Div) (Thorpe LJ, Lloyd LJ, Patten LJ) 26/1/2011 A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interest rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6). "Interest rates were a term of central importance in credit card agreements. There was a strong case that the interest charges which would have been specified in the terms and conditions when B and K made the agreement in 1998 were those in the leaflet and not those which appeared in P's evidence. Under s.78(1), a creditor was required to set out the actual, original terms and conditions of the agreement at the time it was made. In those circumstances, P had not proved that that obligation was satisfied, and it was therefore not entitled to progress to enforce the debt against K under s.78(6)."

You refer to the Code Of Conduct which they have breached in Line with CPUTR2008 (That is The Consumer Protection From Unfair Trading Regulations 2008) not the Consumer Credit Act. With regards to the agreement then you should back it up with High Court Law (which a lower court should abide by) The claimant has failed to provide a copy of the agreement despite a legal request made under the Consumer Credit Act 1974 see attachment 1 (attachment 1will be your CCA request along with your proof of postage) SECTION 78 (1) CONSUMER CREDIT ACT 1974 (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. The Consumer Credit Act in section 78(6) States that (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; The claimant refers to the authority of Jones vs Link Financial - [2012] EWHC 2402 (QB) "This is not because he becomes under a contractual obligation to perform those duties, but rather because he cannot assert his rights under the regulated credit agreement without accepting the statutory obligation to perform duties under the 1974 Act relating to enforcement of those rights. " "I agree with Professor Guest that this would apply to the statutory duties under ss.77, 78 (duty to give information to the debtor), ss.76, 87, 98 (duty to serve enforcement, default and termination notices), s.97 (duty to supply settlement figure), s.103 (duty to provide termination statement)" "In my judgment the "duties" referred to in section 189 are therefore those statutory duties under the 1974 Act which the assignee has to perform in order to enforce his assigned rights. These duties have "passed by assignment" in the sense that it is by reason of the assignment that the assignee becomes obliged to fulfil them" For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation…… The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6)) Citation 1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007. Interpretation 2. In this Order “the 2006 Act” means the Consumer Credit Act 2006. Commencement 3. — (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007. (2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007. Transitional Provisions 4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007. 5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in— (a) sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act; (b) section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and © section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act, in relation to agreements made before 6 April 2007. REFERENCE TO CASE LAW As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that: ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to First County Trusts's right to recover the total sum payable on redemption, which included the principal as well as interest[.’ SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40 THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT OF NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT – THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT

You seem to be doing pretty well, If it was me in your shoes then I would also send a SAR to the original creditor, I know it is outside the time to respond but as has been often the case, not all the paperwork is usually there, you want the signed agreement if possible, the default notice (to check it is compliant), statements for the duration, any PPI. What usually happens is that the opposing party try to ask for 'time' to produce paperwork, and as has been seen on here, they struggle to find it all. Have a look at this defence, make sure you put in all the high court supporting law, and please try and understand what is being said. There are some variances in the interest rate (good to see you checking them) You might find this link useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?169592#post1830350 This thread will help you through the process - http://www.consumeractiongroup.co.uk/forum/showthread.php?379550-Help-!!!!!-I-have-been-served-a-statutory-demand/page4&highlight=bwlegal There is a half decent 6.5 here too - http://www.consumeractiongroup.co.uk/forum/showthread.php?381778-LOwell-Statutory-Demand-old-Egg-debt&highlight=jones

You may be able to annul this but you have a long haul / fight ahead of you, are you prepared to be put through this potentially ?.....I presume that you haven't had an interview with the official receiver as yet too and I may be wrong but until that time then your bankruptcy may be extended. It may be that they think you are ill for the long run....from previous correspondence with your partner. I really think you would need to have an initial chat with a solicitor

Do you have all the paperwork from the court case ? If not then you need to get it, you could visit the court to get this, they may charge you a small copying fee....you will need to apply to annul the bankruptcy, you mention that you never saw any paperwork at all, was nothing served on you personally ? statutory demand or a petition ? Was this a personal bankruptcy or a company bankruptcy ?

I listened to an interesting programme on the radio a few days ago, the programme highlighted some elderly people who had home insurance with SAGA, and the fact that some had been loyal customers for a number of years but their premiums had risen to over £1,000 per year, and yet when their children had checked online it seems they were paying over 4 times too much compared to other insurance quotes. The MD of SAGA was on but as usual when quizzzed he couldn't answer individual cases, but stated that they do regualrly check peoples quotes... I would suggest if you have elderly parents who have insurance via SAGA or possibly anywhere else to check it for them. My personal feeling is that they realise that some elderly people think that as SAGA are geared to the older generation, they think they are being looked after by a caring company, the elderly may not have the internet to check how competitive their insurance is or may find calling round a number of other insurers an ordeal.

They seem to have complied with a copy of your agreement which you signed 'electronically' (i.e) a tick box which was 'ticked' by you.....do you still have any statements, as it may be that you can check the interest rate applied in the agreement tallies up with the interest charged on the statements....have they provided a default notice ? I think as they now have provided the agreement you may be on slightly more shaky ground. I think you would need a friendly judge to come out of this one....without any other excess charges or PPI and with them providing a copy of the electronic agreement then you may not have many more grounds to fight this on....

What it means is that they have to respond to your set aside / witness statement by the date given in the letter. Is the date given ?

How ?