In other words then, do I have to tell them. The last SD I had I didn't, and it did not go against me!!

It says on the SD that I should contact the person named on SD if I dispute the claim, does anyone have a draft letter I could use please.

Many thanks, I have successfully set aside an SD in the past based on the account in dispute/ no default notice so could almost use the same template as before. One question Do i have to take the Set Aside to the Court address on the SD or can I take it to any court that deals with bankruptcy?

Hi Mould, I have some very positive news!! I have gone through all the previous correspondence regarding this account. Back in 2010 I sent a CCA to Moorcroft Debt Recovery who were chasing this debt of behalf of the CC Company. It was sent recorded delivery(have a copy letter and proof of postage). Moorcroft replied saying they would request the relevant documentation from their client but nothing was sent so the account is in dispute. I have found a default notice from the CC Company but this is a month earlier than Lowells state and does not contain the final balance figure. your thoughts please, many thnaks

The agreement dates back to 2003

What does SD say? "The Debtor entered into an agreement ("Agreement") with teh original creditor set out below pursuant to which the debtor agreed to pay the original creditor for services and/or facilities provided to the debtor. The Debtor has breached its contractual payment obligations pursuant to the agreement, in respect of whcih the original creditor has notified the Debtor of the breach and made demand for payment. The sums became payable in full following service of a default notice by the original creditor on the date stated below and this being unsatisfied by the debtor. Despite demand having been served upon the debtor, the debtor has failed to settle his/her outstanding liabilities pursuant to the Agreement as set out below: Original Creditor xxxxxxxx Account/Agreement Number xxxxxxxx Agreement type Credit/Store Card Default Date 2009 Balance Due 10K Sum Due to Creditor The Creditor is a debt purchaser which has purchased the rights and benefits in the debt set out within this demand by virtue of legal assignment pursuant to section 136 of The Property Law Act 1925 The creditor has made numerous written demands for repayment in respect of teh agreement, despite which the above sums remail unpaid, Accordingly the creditor claims the sum of £xxxxx which is payable immediately. Did you make a request for a copy of the CCA and has the creditor complied with such? Answer. I have sent a cca request but only after receiving the SD

Is it worth noting that I have not received a valid NOA for this account. An NOA was sent but it contained an incorrect account number.

OK, I will have a good look for the DN, I know for sure I do not have a copy of the CCA.

Received the usually letters from Lowells threatening legal action, then hit with SD last week. Account was sold to them in June I have not spoken with them, offered any payment plan. Sent the SAR and Request for CCA after receiving SD

OK, has the creditor served a valid statutory default notice on you pursuant to s.87(1) CCA 1974 (as amended) ? If not, you need to argue that he cannot proceed with this enforcement action ( research this area of law!) Answer I cannot locate or remember receiving a Default notice from the original creditor. Secondly, were you engaged with the creditor as regards an agreement that you can pay the debt claimed at a reduced rate and have you continued to honour this? Answer: No I just stopped paying the CC Company in 2009 and have not made any payments since. Is there any PPi on this account, whereby you can argue that amount claimed is in dispute and denied? As far as I am aware there is no PPI on the account, there will be charges for late payment although probably not excessive. Are there any excessive and disproportionate charges added to this agreement? How old is the credit agreement? The agreement probably dates back to 2003 at least but cannot be sure. Please provide full and accurate answers to the above and also please provide us with a chronology of events that led to the creditor issuing this statutory demand; the more info you can provide on this matter will place us all in a better position of understanding the same and providing you with the best possible advice on the same. The Mould

Of course, Received an SD last week from Lowells for a credit card debt. The SD itself carries no form numbers at the top nor page numbers at the bottom, basically it has been written on blank paper. I have had an SD before for a different debt and successfully had it set aside as it was in dispute. I have SAR'd the original creditor and sent a request to Lowells for a copy of the agreement.

Can someone be kind enough to point me in the right direction. I'm after a template for a response to a creditor after an SD has been served, many thanks

This time he's put the card in an envelope, how privileged am I!!! Final Notice in red lol Contact Ian

[EDIT] Lewis' just knocked again, I didn't answer obviously!!!

Sorry, what does that mean, I'm a little new to this!!!