I donated but would not like my real name added if that's ok. I forgot to put my CAG user name on the donation though - can you find my donation ok? I did it about 5 mins ago, please PM me if you need more info. Thanks. Best wishes to Martin's family.

I applied for the set aside anyway as time was quite tight for getting it all back to court by the time I realised I really had to do something about it!

HAK - I took to court my detailed arguement in support of my affidavit including examples of case law, claim for costs, copies of all letters to/from 1st Credit etc. I did claim more for costs but the judge would only allow 5 hours litigant in person rate rather than what it actually took me. From what I had read on LITIGANT IN PERSON: COSTS - LITIGANTS IN PERSON I was not surprised that the judge put a cap on the amount of hours it was reasonable for me to have spent on this in the court's view but it's a shame as the hours I claimed was the time I spent dealing with this. I also claimed mileage and parking fees for attending court which were agreed. Sleepless Nights - all that I did for dealing with this was to have a good look at the information available to me from these consumer forums, see how it applied to my own case and follow the court process carefully. Hopefully they won't turn up to your hearing either. I suspect it's expensive for them to do so. Good luck! I'm now waiting to see what they throw at me next.

Thanks for all your replies. I'm not sure whether the judge could still rule in favour of the Stautory Demand as 1st Credit didn't turn up. I suppose if I had no evidence to offer that the debt was in dispute etc, the judge could refuse to set aside the SD. I expect they're more likely to favour people who actually bother to turn up though! The judge didn't say much about the whole thing, I think he found it a bit amusing actually & asked me if I was studying law! I'll wait to see if 1st Credit pay my costs within the alloted time & then see what action I can take if not. By the way, should I get this thread moved to the 'sucesses in court' folder? If so, how?

Hi, I have found this site VERY useful in putting together my responses to this Statutory Demand so I wanted to let people know that I have been to court today and the judge agreed there was sufficient reason to set aside the Statutory Demand that 1st Credit had issued against me. I was able to demonstrate that: 1st Credit had not complied with the Consumer Credit Act 1974 s127 (3) 1st Credit had not supplied a copy of an original signed credit agreement with prescribed terms & the documentation they had supplied (application form) was therefore unenforceable 1st Credit had not supplied a copy of the executed deed of assignment for the alleged debt and there was therefore no proof they were entitled to collect the debt The amount of the alleged debt included a substantial sum of unlawful penalty charges and 1st Credit had not provided a statement of account as requested under s78 CCA 1974 so the amount of the debt was in dispute. 1st Credit has acted contrary to several sections of the OFT Debt Collection Guidelines in its methods of pursuing this debt The Statutory Demand was not issued in accordance with the Insolvency practice directions CPR PD INSOLV 11.4 I provided much more detail and case law examples for these points where necessary. 1st Credit did not turn up. I submitted costs and the judge agreed to £65 of costs. The judge was very pleasant and it only took 10 minutes. So, what should I expect next? ;-)

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.............. As you will see below, I had put loads of stuff about my defence for a court date with 1st Credit to set aside SD & then I read on another thread that they monitor this forum so I have now taken it all off - am I being paranoid or is this really a problem?

Hi, Can I appeal against an Interim Charging Order made by Northern Rock in 2006 for an unsecured loan? I believe they have no credit agreement as they kept asking us to sign a new one - which we didn't. All the correspondence from their legal people stated a slightly incorrect postcode & address but when I checked on land registry, it has been regsitered against the correct address. Many thanks

Hi all, Just a quick question to ask if anybody here has experience actually filling in the form 6.4 to apply to get a Statutory Demand set aside? It's not clear to me what date time & place I should fill in or if that's for the court to decide. Any advice gratefully received as the later it gets, the more my brain hurts! I am applying to have a 1st Credit SD set aside on various counts and have found the related threads on here really helpful. Many thanks.