bump

Hi me again, Also, I have never received a Default Notice from Amex so can I use this to get the SD set aside? Help?

Hi Received the Statutory Demand on 14th March so have to have the two forms in by Tuesday to get it Set Aside - Taking the advice I received on here, I sent off for the Original Agreement from Amex which arrived today. Have received a photocopy of my original application dated 02/06/04 and signed by me (and not by them) and they have also sent me a Credit Card Agreement Regulated by the CCA 1974 which has no signatures on, no dates and no evidence that it relates particularly to my agreement. Does this mean I can ask for my SD to be set aside because they haven't conformed?? Please can anyone give me some advice - I'm not sleeping because I really am not sure what to write on the forms... in particular I need to know what I can put on the Affidavit form. Thank you Liz

right - off to PO to send letter by Recorded Delivery. Might need more help in filling out Affidavit but have time yet so will do more reading and research on here in meantime. Thank you so much all of you for your help and advice and amazing knowledge. I hope I can learn enough to be able to help others later.

Hi 42man, I've just been reading through your help to Timewitch - The debt is all credit card. I originally offered to pay £1 per month as that's all could afford but the calls from all the DCAs were getting so nasty I stopped and just ignored them all (probably stupid?) but it helped me as I was becoming so stressed by it all. I am going to send off for the agreements today by recorded delivery as you suggested in the other thread - I took out the card in late 90s or early 00s - can't quite remember. Thank you.

Hi all, I have just read through the whole of this thread and congratulations to Timewitch - well done! I received a SD on Saturday by recorded delivery from Westminsters Solicitors on behalf of Amex and after reading all the above, I tried to call and asked to speak to the man named on the SD and guess what? He wasn't available. The chap who answered said he could speak to me as he had prepared the SD but I said no thanks, I'll try again when Mr S is available. Now, I pretty much did what Wichy did - I have ignored all letters and phone calls so on 42man's advice to you I am going to send off CCA today. I need to prepare my forms to set aside so can someone confirm - do I copy what Wichy put in hers and then read and digest it all? Help? Thank you Liz

Thank you - it was second class recorded so I'll take it as being properly served. So if I am right from everything I have read on here, I cannot have it set aside for that reason, but I do not appear to have ever received from Amex a Default Notice but I did receive a letter stating they had cancelled the agreement and another one the next day from AIC saying the debt had been assigned to them, however, the SD is from AMex... Can I get the SD set aside because there is no Default Notice?? I'm very confused and would really appreciate some step by step advice on this?

Please can somebody answer me? I don't understand whether the SD is 'served' or not. It was sent by Recorded Delivery but prior to this I have received letters from 5 or 6 different agencies all quoting different amounts! Thank you

Thank you very havinastella - I'll read through the bits you've given me and then decide what to do next. I don't want to cave in and contact the Credit card companies because we were paying so much in interest every month for over three years and I feel in my heart that they have 'technically' already been paid back any monies we used plus more... and as I now understand it, half of these credit agreements are wrongly issued anyway. Do you think we should just deal with each one as it gets heavy or do you think we should start the process of disputing each one? We're just not sure what to do for the best though to date have found ignoring them to be the least stressful route. Thanks again for your help.

:-?:-?Is there a reason why no-one has responded? Or is it just because it's the weekend? Can someone please help me?

Thanks Clemma, but I thought with it being Saturday I wouldn't expect too much response - thought more peeps would be reading through on a Sunday. Didn't sleep too well last night as all sorts of horrible dreams about losing my home but am determined today to keep it in the day. Thanks again.

Hello, This is the first time I have posted on here - so far I have found my answers by reading the amazing amount of info posted by others and Thank You to all of you for that. Back in June 08 my OH and I reached a stage where we just couldn't afford to keep on paying the interest on our credit cards - we just ran out of funds - and at the time neither of us were working - so we approached the CCCS and they advised us to offer to pay £1 per month to each of the creditors. We did this and paid everyone £1 per month until September but by then we were receiving so many threatening letters and nasty phone calls it was beginning to affect our nerves and general well-being. I ended up swearing at one of the debt collectors as she was so nasty, and then burst into tears before a friend took the 'phone off me and told her to go away. To cut a long story as short as I can, we then decided to look on the web for more advice and I think it was around then that we discovered this Forum. We found a post written by an ex-barclaycard chap who wrote a very long piece about Mercers (who were chasing us mercilessly) and we both thought it seemed like good advice so we stopped all contact with the DCAs and stopped paying. Then, in January I saw a google ad about Credit Compensation and read about the 'unenforceable debts' which we also found very interesting so came back to the Forum and read up about this some more. To date, we have actually done nothing. Now, I'm not sure if that was the right thing to do but it has made our lives a little more bearable. Our situation is this: This morning, Saturday, the doorbell went and the postman asked me to sign for a delivery which, when I opened it, was a Statutory Demand from American Express that has been issued by Westminster Solicitors - it came with a letter asking me to acknowledge receipt. On the SD there is what looks like a digital signature for a Tony Sutton - Solicitor. I am confused because prior to this, I have received - Statement of Account from Amex in August 08 showing a balance of £4481.63 19/08/08 a Notice of Cancellation 20/08/08 a letter from Newman DCA asking for £5198.69 24/10/08 a letter from United Creditors Alliance asking for £5311.92 4/12/08 a letter from AIC stating the debt has been assigned to them for £4578.24 24/12/08 a letter from Westminsters Solicitors saying they have been instructed by RMA to issue legal proceedings for £5411.66 06/02/09 another letter from United Creditors again asking for £5463.71 and saying they are obliged to submit a detailed pre-litigation report. 14/03/09 received SD from Westminster Solicitors by recorded delivery for £5463.71 I have read up as much as I can on here but I'm now more confused and totally unsure about the following: Is this SD correctly served if sent by Recorded Delivery Should I now start requesting SAR from Amex Please can someone give me any advice? Thank you. Liz:confused: