SD set-aside this morning. Judge did not know if DCA could then present another SD on same debt. He presumed that he could. Also said be careful in reaching agreement with creditors outside an IVA if for less than full value. I am ploughing on.... Thanks for all the support.

you are a star. Thank you.

Answers to questions 1. Have not received notice of assigment from original creditor. They may have sent one but to an old address. I have asked for this last month but none received so far 2. Have received letter before action from Connaught Collections on behalf of 1st Credit re saying they would put in a SD without further notice dated January 2008 3. I may have received a default notice from Halifax but have no copy 4. There are late interest charges on account from Halifax. 1st credit have also charged some £1,500 of interest/charges. 1st Credit claiming some £8,700. 5. It was a credit card and amount owed before it was sold was approx £7,000 6. Have not paid my £1 for a copy of executed CCA but have asked for notice of assignment and a statement. Promised by Connaught but none forthcoming as yet. 7. Last Halifax statement I have is dated June 2005 with following: Balance bfwd: £6,710.12 Cash Interest @ 1.736% £30.39 Purchases Interest @ 1.456% £33.48 Cheques Interest @ 1.667% £44.32 Balance cfwd £6,818.31 Credit Limit: £6,200

Thank u for input. My reasons for setting aside the SD were as follows: 1. No proof they (1st Credit) owned the debt 2. No statement reconciling their figure to original creditor (Halifax) 3. Original Creditor said it had been sold to another company (Robinson Way Ltd) and not 1st Credit 4. It had been posted I accepted that there was an amount due to the Halifax.

Why should u never sign letters to DCA?

I am in court tomorrow for a hearing re my application to have a SD set-aside from 1st Credit. Any Advice???

Thank you for the update re F&F and note comments re being given or not given copies of executed CCG. Have unsecured debt of £120K and CCJ's of £30K. I am in court next week to present my case for a SD setaside. I propose taking my offer letters to show that I have agreement to a F&F. SD petitioner was 1st Credit and they have withdrawn SD. Questions: 1. Some of the secondary creditors are charging interest (Cabot/CrapQuest/1st Crudite) and some not (Equidebt/Lowell). What are they allowed to do re credit cards/fixed loans? 2. I propose to offer my 40% only to those who provide executed CCG and 20% who do not not? 3. I have other CCJ's which I have been paying for 2 years. Main one (RBS) has rejected 40p offer. 4. Looking for clean credit record in due course. Am I in dreamland here? 5. Bankruptcy would kill my earning potential and am over 50. Own nothing and 40p offer is 20p from a private source and balance out of earnings over 1 year. Not worried about charges unless things fall apart. Website fantastic. Saves hours going over CC Act. Feel much more confident.

I have had similar from Connaught in Feb and had them set-aside on the basis that they were posted (and not hand delivered) and not correctly completed. You can download forms from England and Wales Forms You have 18 days to respond from date of receipt. If it was by post you can make up date of receipt. YOU MUST LOOK TO SET-ASIDE ALL STATUTORY DEMANDS. ONCE THE 21 DAYS IS UP THEN DCA CAN PETITION FOR BANKRUPTCY. My defence was as follows: I was sent a statutory demand by post dated 11 February 2008 that I received on 12 February 2008 from Connaught Collections UK Ltd on behalf of 1st Credit (Finance) Ltd for an amount of £1,424.48 relating to a debt that they had supposedly purchased from the Bank of Scotland. I have written to Connaught Collections UK Ltd asking them to prove that 1st Credit (Finance) Ltd are the legal owners of the Bank of Scotland debt and if so, to prove the calculation of the debt. I have not had a written reponse so far. I attach my last statement from Bank of Scotland that I believe it relates, account number 123 031 49205. I faxed Connaught Collections UK Ltd on 26 February 2008 asking for an update on this statutory demand and they rang yesterday (28 February 2008) to say they would be writing to confirm that they would withdraw this demand. I have as yet received nothing. I therefore do not admit the debt owing to 1st Credit (Finance) Limited as I have no proof that their supposed debt specifically relates to the Halifax debt noted above and and even if I did I cannot reconcile their balance to the last balance stated by the Bank of Scotland. I therefore ask for it to be set aside.

I have a number of unsecured debts (more than £100K - loans and credit cards) with the likes of Cabot, Capquest, Lowell Financial, EquiDebt and am in the process of agreeing a full and final settlement plan based on 40p in the £ payable over 1 year. Some have charged interest and some not. I have 100% agreement to my offer. None have provided copy executed consumer credit agreements or statements but I have letters from most of the original debt holders saying the debt has been assigned. Are there any issues I should be contesting before I sign up or pitfalls I should be aware of.

Is there a legal difference between 1. selling a debt? 2. assigning a debt?

I am close to agreeing a settlement with a number of secondary debt holders such as 1st Credit and Equidebt. None of them will provide a statement reconciled amount claimed back to original debt owner or show written proof they legally own the debt. Any views?