Woohoo....well done starling what a relief. all the best MJ:)

LFB... hit your red triangle in the bottom left of your post...that will alert the site team its urgent...a box will come up, just put something like urgent help needed, that should do it! good luck MJ:)

Hi V...lilly has added one above and below from this post on my thread may help http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-6.html#post2460055 regards MJ:)

Hi V.. you can CCA and SAR whilst doing the 6.4/5 i did. No you dont need an appointment but you have to swear your docs in, make sure you ask for a receipt. Take 3 sets one for you one for court one for lowlife. I will go back to my defence that 42man helped me with and put on here for you. MJ:)

V dont just rely on the CCA, did you receive a default notice, notice of assignment, termination notice. Sorry if im going over old ground here with yours but have you CCA'd lowell and SAR Egg. Check out your actual SD to see if it meets the requirements, have a look back on my thread what 42man told me to look for..nearest court etc also look at what i put on my 6.4 and 6.5 reasons for set aside its possibly very similar!! back soon x

Good luck starling... All best wishes and luck for tomorrow...not a good feeling the night before i know but you WILL be fine, this time tomorrow over and done with!! My SD set aside is Jan:eek: Will check back tom MJ:)

ok vera me and you together here dealing with the same people...and a SD... Egg/hamptons/lowells. back after dinner!! mj:) http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000

Hi Sam thanks for reply, see post below....originally posted 7th Nov

bump

hi lilly... thanks for that... ok will hold fire on the scanning...just as well really as im pulling my hair out trying to do it!!! Lowlife have sent me nothing...zilch..in response to my CCA request. yes just got the one loan...egg have sent me the credit card and the loan application forms (copies of course)...so i do have those, not sure if they are enforceable though...they look ok to me to be honest, but yes as we stand...no NOA, DN or TN, so they are going to be my main crux of the defence, but is this enough? Also the "Alleged Debt" from the original credit card that the loan then paid off accrued lots of interest. Does it not make the amount Lowell are claiming improperly executed? is that the right term?? and could also be a main part of my defence?? thanks Lilly once again MJ:)

Can anyone just have a read of the above..i know i need to post up the CCA and Loan Agreements for help with any flaws there maybe on these, but i do need some opinions on the rest i have posted please!

trying to scan docs not much luck will keep trying mj

Hi lilly, Will post up tomorrow as hubby is a wizz at doing that! Just to clarify...original credit card with EGG taken out 2002, then in 2004 Egg suggested a loan to pay off the credit card, which i took out. So just one loan. God knows why i did this, think i was telephoned and persuaded to do this! i was paying the credit card with no problems at the time. will scan the docs tomorrow..thanks MJ:)

Hi VV Mine was delivered by an investigations company also...they will turn up knock at the door if you dont answer they will put it through your letterbox, if you dont have one then.....not sure! They knocked at 10 pm at my house hubby told them to p*** off in no uncertain terms then they sent me a letter saying they would call in 2 days time at 9pm they did, and put it through the door. A SD should be taken seriously...although there are many things that have to comply on the actual SD to make it the "real deal" if you like... For one it must have the name of your NEAREST county court that deals with bankruptcy, it also must have a contact number of someone you can call, and it must be that person that answers, on it also. Then you must try and get it set aside...with help from these guys, you will be able to do that im sure. hope this helps VV until the troops arrive, heres a link to my thread, the SD bit starts a few pages in so have taken it from there for you...it may help.... http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000 cheers MJ:)

Hi all... Account in dispute letter sent to Lowlife. Still nothing received. Today received my SAR from Egg, which was sent on sept 26th, recorded 1st class delivery. It looks as though i took out an Egg personal Loan to pay off the balance of the Egg card in 2004, its this that i fell behind with after making roughly 7-8 months worth of payments. Included in the SAR is the Egg personal loan agreement that i signed,(2004) the credit card agreement,(2002) statements dating back to 2002, Ts & cs and loads of computer print outs, it does NOT contain a default notice, notice of assignment or termination notice. The card dates back to June 2002 and i paid every month so no defaults but loads of interest each month. The strange thing is this loan is not on my credit file, just the Egg credit card showing as settled. For some reason i just cannot fathom i decided to turn it into a loan:confused: Where do i stand with this now...?? think some help is needed oh and just for the record, none of the dates add up, my credit file showing dates settled and signing of the loan form are months apart, as are the dates Lowlife are supposed to have bought the debt, the SD says one date and the Egg docs say another, months apart. MJ

Hi Decanus.. Can i just ask you a question for my own info please...when the case was struck out, how long was it before the claimant applied to have it set aside..and just to clarify it was struck out due to non compliance of a court order? They also have to have the courts permission to re instate a case that was struck out, and have to show i believe, some new evidence to allow it to proceed. They also have a very short time to apply for a set aside, the longer they leave it the harder it is. Someone will be along to give you better advice shortly im sure. all the best MJ:)

Thanks also for all the replies..

Thanks Erika its in england - london in fact

Hi steve what i think it is.. She is with a letting agency and was happy to have Dhss tenants as well as private. Some landlords state specifically "NO DHSS" she was flexible. does that make sense? you would have thought the DHSS rent would be a dead cert...but they no longer pay the landlord direct, it goes via the tenant..then in turn the tenant decides to keep the money, you dont get paid but the social have no comeback because they in actual fact have paid! thanks MJ:)

Hi all Posting for my sis-in-law who has a 2 bed flat that she is renting out to a DHSS tennant. The rent of £900 per month is now one month in arrears, (and the mortgage people will soon will calling). He promised it would be in her bank this morning, she has just checked and its not there and the mortgage is due today. The guy keeps coming up with excuses as to why its not been paid..ie been robbed, not been paid, lost the money, had his phone stolen so could not contact her to let her know the money was late...you name it he says it! the letting agents say its not their prob, and the DHSS i believe pay the money direct to the tennant, so in their eyes its been paid! She now wants him out and wants to put the flat up for sale as this is the second tennant that has caused these problems, she is sick of it...and wants rid of the flat. What can she do!? I think he has to miss another payment before court action am i right? Any advice in the meantime pls cheers MJ:)

Hello mouse and welcome to cag!! In a nutshell...no they most certainly cannot obtain a Charging Order on your property, you have to default on a CCJ before they can even consider that route. As you have said you do not have any CCJ's...its gonna pretty hard for that to happen! When and if you should receive court papers, then you defend it from the start, with help from all of us, it wont even get to the CCJ stage, and the court will not make you pay more than you can afford...(if it did get that far) Try not to worry..people on here will help and advise you day or night! hope this puts your mind at rest until the troops arrive:D all the best mj:)

Hi IHMB It would have been an RX3 i had a ccj set aside, and the interim charging order dismissed at the hearing. The ccj comes off as the courts inform the CRA, but the charging order you have to do yourself...with the RX3. You fill out the form send it back with a copy of the judgment order to land reg, and then a copy is sent to the claimant, to say its being removed...they have 14 days in which to reply, (not that there is much they can do to stop it being removed at this point). After that the Land reg send you an amended notice...with no charging order. The solicitors must have known you need to do this and could have advised you accordingly. hope this helps MJ:)

Hi sam;) No i have not done that:eek: can you suggest the perfect letter for me to send...im sure you have one:D mj:)

Hi...hope some people are still subscribed to my thread...this is the judgment order i received today... Before Deputy District judge Cross sitting at the ***** county court upon hearing the solicitor for the claimant and the defendant in person it is ordered that... 1. having failed to comply with paragraph (1) of the order dated 28th April 2009 the claim is stuck out. 2. The defendants application dated the 5th oct 2009 is dismissed. (this was my application to strike out) Does this order leave it open for them to re-instate? can i apply on n244 to make it final in anyway?? thanks MJ:)

Hi all...update:D No reply from Lowell as yet from CCA been 16 days now...got a letter from Egg saying they are looking into my SAR and need to wait for the £10.00 to clear..(it was a postal order:confused: not likely to bounce?) set aside for this is 12th jan next year. MJ:)