Sorry just to add a PS and to possibly sum up! The court clerk that deals with bankruptcy needs to attend a customer service course. I felt the Usher was too friendly towards the Lowells appointed Solicitor leading me to believe that this person was in fact on my side and of some benefit to spend my time with prior to the hearing. Again when applying to the court fill your forms in first and literally drop them off. If you need any help completing the 6.4/6.5 ask me or other users of this site or if you have the means a professional law person. Do not entertain speaking to anyone other than the Judge at the hearing appointment unless your at the point where you have no defense as the opposition will use this time to strengthen their own argument. And good luck.

Hello again, OK, to update progress I applied to the County Court to have the debt set aside. I had no real idea how to fully go about this but after reading one or two other posts decided to download and complete the forms 6.4 and 6.5. I did not go into detail quoting law or using any of the examples on this site. Instead I completed the witness statement in plain english stating my case and took this to the court. Unsure of who's name etc to put on the front page of 6.4 I thought the court might assist. This was not strictly the case and if anything the clerk was obnoxious/patronising and of very little help. I left the application and my supporting documentation and there was no charge. I then heard back from the court that a decision had been made to hear my case for set-aside in front of the judge. I had issued CCA request inc. proof of posting and had spoken on the phone to Lowells and BWlegal but they had provided me with nothing. My advice here therefore is to not bother with any correspondence other than the written CCA request. At the hearing I was met by the Usher who asked if I would have a word with who I thought was a mediator (as the usher seemed very friendly towards this person) when I got into the room this person started to ask me about the circumstances of my case, part way through it dawned on me that this was the solicitor representing Lowells. I immediately became angry that they were trying to get as much information from me as possible so I just stopped answering questions instead suggesting that the court should decide what to do. Had I known I would have refused to speak with this person. Please if confronted before the hearing do not speak with the other side. As I'm on the breadline I could not afford my own solicitor so when faced with the judge I was put on the back foot by the Lowells solicitor speaking in the correct terms with the Judge and quoting law terms. However the only evidence that the solicitor had was one years worth of statements that did not cover the year I was querying. No CCA no full accounts just one year of statements that covered a time that the card was no longer being used by me, so no transactions other than interest and costs. The judge decided to set aside the claim. Made mention that this would not be the last I would hear of the matter as the Creditor could use small claims court to recover the monies. Lowells solicitor then asked if the case could be adjourned until the full circumstances could be found but the Judge said it was not appropriate to be using the bankruptcy procedure to recover this debt. The Lowells solicitor then stated that they had been requested by their client to recover costs. The Judge again confirmed that the debt had been set-aside so there were to be no costs. I myself had not incurred any direct costs so did not request the same. I feel morally better for this but after the cheek of Lowells wish that I had drawn up a list of expenses as if I'd have lost my application they would've demanded costs from me (still leaves a bad taste in my mouth and makes me more determined than ever to be awkward with them) The judge then dismissed us. Outside the Lowells Solicitor asked if they could have 5 more minutes of my time, I refused. They then asked if they could have my current phone number. Again I refused stating that after what they had just tried to do to me (they at least had statements but had not bothered to get me any) I would only enter into written correspondence. So not sure what happens next but I will keep the forum posted. A bit nervy but certainly worth the effort, so again a big thank you to those that helped me get this far as without their support I'd have made an arrangement to pay off weekly and endured further hardship so if you're wondering what to do my advice is ask the users of this site who should be awarded medals. Thanks folks.

OK, Just checked, Received a letter from Barclay card in December 08 to say that they will instruct mercers to issue a default notice in accordance with their rights etc. Mercers Issued an Immediate action needed letter that threatened a local debt collector to call at my home. This never happened. I'm about to head to County Court with the thought of 'so what if I loose the set-aside and am found owing the full amount somehow' An extra £1000 of costs will just have to be added to the outstanding balance and cross my fingers the court can come up with a repayment plan. I already have 2 CCJ's that get paid at £10 per month and I'll have to live into my hundreds before they are cleared. The worry for me is the court see that I cannot afford monthly repayments and put me up for bankruptcy as a solution. Can they sell the home if the wife is on the mortgage though for my own unsecured debt? Thanks again.

Hi paulwlton, I received letters from lowells and others over the last few years so I must assume I did.

Thanks again Northernpug and FFP for taking time to reply, I'll be posting my way through this experience irrespective of the outcome so hopefully someone else may benefit from it. At this moment in time I have not heard anything back from BWLegal who said they would contact me when they received information from Barclaycard. I don't understand their side of things but surely in this modern age they should already have a copy of my account history so will know whether or not my loan cheque was ever posted to my account? if they don't have this information then again can it really take more than a few clicks to have Barclaycard copy my statement into a pdf and email it to them? I would love the confidence to say that BWLegal are bluffing and that for the amount that they purchased the debt for, less the cost of making me bankrupt I'm not worthwhile but I cant be sure. The only thing I am sure about is that I have until Friday to apply to the court to have the Stat Demand set-aside. So taking FFP's advice I have indeed listed the reason why the debt should be set aside (not a very long list as the only reason I have is that I believe I cleared the account so the amount they are pursuing is wrong) and will be attending court tomorrow to submit forms 6.04 and 6.05. I am a bit concerned that the court will then set a hearing date and BWLegal will prove that the amount was indeed paid off the account but I used the card again to accrue the balance owed but this to me seems almost impossible. I also don't know for sure whether the amount was not paid off the account but I still used my card so maybe I owe some of the balance but not all. So I'm also worried that I may have forced BWLegal's hand and they have to then follow through with bankruptcy proceedings when ordinarily they may have just resorted to harassing me by letter and phone. But this whole thing has placed a fair bit of stress on me so I might just be being irrational as I genuinely have no idea what happened in 2007. So I'll post up what happens at the court tomorrow when I submit my application to set aside and my witness statement. Thanks again folks.

Thanks yet again FFP, I rang BWLegal before i read you reply. Spoke to an account manager who insisted that I had to give him my current telephone number, name of employer, DOB etc before he would look at my file. He told me that he had read my email of friday asking for information but until I actually made contact he would be unable to obtain the information I needed. He then went on to confirm what I had put into my email, said that he would get the information I needed then ring me one night after he'd reviewed my account before the information could then be emailed to me. This all sounded wrong as surely its not up to BWLegal to decide what action they are to take with me upon getting the information I had requested. He finished by saying in the meantime my account would be placed on hold 'awaiting further information'. I have typed up what I believe to be the basis of my dispute in that I received a cheque and to the best of my knowledge at present I could not prove that my consolidation loan was used to pay off my barclaycard. I have also written two letters this evening which I will post recorded delivery in the morning to both Barclaycard and Barclays Secured to try and find out what happened to the cheque. If indeed it was paid off my account and I'd somehow managed to then double my original balance in the year after then I will hold my hands up and attempt to come to an agreement with BWLegal, but I'm almost certain that this was not the case. Can you FFP or anyone else confirm that the application to set-aside just needs to be handed into the Court within my 18 days or whether I need to arrange a meeting with a magistrate before the 18th day? Big Thanks again.

Thanks again FFP for taking the time to reply, The assistant at Barclaycard told me that the balance due in May when I set up my min. payment DD was the same as the value that I arranged with Barclays to clear the card in July/August. Because I have no statement from that time I cant be sure as to whether I used the card anytime thereafter (the account at Lowells is twice that of the amount I should've cleared in a 2 year period and I'm not 100% sure this was purely costs as its seems ridiculous that I could've doubled the debt in this short time.) After emailing BWLegal services on Friday and being told that they would only deal with me once I had cleared their security checks I'm about to ring them although I'm uneasy about ringing them as they are the ones wanting to make me bankrupt. Once I have the statement from that time I'll be far better placed to decide what to do but I have no time to get this information. I will head to court today to see if I can speak to someone who can tell me what happens with the application to Set-Aside the debt. Big THANKS AGAIN, really really appreciated.

Hi again, Sorry to be a pain but some advice would be very welcomed right now. I was fully confident I could get some information from Barclays/Barclaycard but have turned up nothing. Barclays did get me a sheet showing that I did receive a payment for Barclaycard but say they cannot tell me that the cheque was ever cashed and if so where it went. Barclaycard told me that they could not give me any written information at all as the debt has been sold to Lowell. They assistant I spoke to did tell me my balance in May was the same as the amount that Barclays issued a cheque for. I had through this time been paying the minimum payment by direct debit. She would not tell me if I had made a payment at the time I would have used my cheque from Barclay. My balance however is now twice that of the payment that I would've paid off with Barclays loan. I spoke with someone from Lowell who again could not give me any information as I'd need to speak with BWLegal. I emailed them on friday (as I'm now worried that all I have is my word that I made phone calls and that Barclaycard assistant said she would put a note on file that I made contact) but BWLegal wont issue any information until I speak with them directly to clear their security checks) even though they know the timescales and the fact that I have told them that I am trying to trace a payment. My problem is this. I'm not sure I have any evidence to dispute the Statutory demand. I have no idea whether the amount i received from barclays was paid against my barclaycard account and no idea what to do if it was!? Why is the only people who can help me the people who want to make me Bankrupt (BWLegal)? My SD was served 8th January so I have only until this Friday (25th Jan) to apply to have the debt set aside and I have no idea how to do this. I have downloaded 2 x pdf (6.4 and 6.5) from CAG but do I make an appointment with the court? or do I just call in with the forms? Will the forms be considered before Friday? and what happens if my Set aside is rejected? do I get made bankrupt on the 29th of January when BWLegal will send a petition to the court and is it a foregone conclusion? We have been on the breadline for the last few years after I took a decision to take a lower paid job rather than redundancy and with 3 kids I'm not sure whether BWLegal will accept the only monthly installemnst I could afford instead choosing bankruptcy. I have already got 2 x CCJ's which I pay back at £10 per month for the next 40 years due to our financial position. And finally have I run out of time as it seems that I need to give the people who hold my information at least14 days to issue statements. Any help again would be greatly appreciated and I'm sorry to have gone on so much.

Yep again thank you folks, I haven't received anything from Barclays and its now been 8 days. I will request the debt be set aside now ASAP and hopefully buy enough time for Barclays to get things done (like I say hope!) Thanks again & best regards

Hi again, I received another letter from Bwlegal today telling me to get in touch by the 29th of January or they will send a bankruptcy petition to court. Does this mean my 18 days now goes from then or is it still as per the stat demand I received last week? I had fingers and toes crossed that Barclays secured would've sent me the secured details by now so I could've looked into sorting things out. The extra time if my 18 days does go from the 29th of January or is it still from when I received my hand delivered stat demand? Again any help is greatly appreciated.

Thanks everyone, Its amazing how much difference it makes knowing that I'm not relying on my own irrational mind right now. The debt has been bought by Lowells they were the first to get the account number wrong (it was previously being dealt with by Mercers and Credit Solutions). I was told last Tuesday that Barclays Secured would take up to 7 days to get the list of cheques and amounts to me. I'm hoping that this information arrives tomorrow (Monday 14th) and I'll have enough information to then ask Barclays to check up that the cheque that was issued to me for Barclaycard was either cashed (in which case I will be in a better position to then speak with Barclaycard to ask where the payment was credited) or if it was not cashed than hopefully I can get the amount of money issued again only in the name of bwlegal or myself in order to clear the balance. I have read that its not always advisable to contact Bwlegal but I'm thinking for me this would be the best route. Thank you again for the replies my mood has really lightened.

Hi members, I'll start by apologising for another post regarding a statutory demand. I have searched other posts but it seems that just about every case is different. I received my SD on the 8th of January 2013 (after the serving officer informed me in writing he'd be coming on the 7th!) and it relates to a Barclaycard account that has been now taken over by Bwlegal. The debt remains outstanding as I thought I'd cleared this when I took out a secured homeowners loan with Barclays in 2008. My loan was paid out in a series of cheques that I had to issue to my creditors. I believed this was the case with the barclaycard payment but kept receiving demands. The demand notices had the fifth number of my account missing so I thought they'd figure out my payment eventually and ignorantly I'd decided they couldn't pursue me anyway for an account that wasn't then same as mine (because of the wrong account number). I contacted Barclays secured loans department on tuesday (8th) and asked them whether they could confirm that the cheque for Barclaycard had been cashed and if so to what account the payment went but was told by the customer service assistant that that would take too long so the best he could do was to send me a list of the cheques that were issued and for what amounts. I was told this would take up to seven days and up to today I still have not received this information. The last thing I need right now is to be declared bankrupt and loose my home as I have a wife and three kids, the house has a mortgage and the secured loan so I doubt that I have any equity especially if the house is taken away from us and sold at whatever someone is prepared to pay. I do have a car that I use for work so again could do without loosing this. Because of the timescales am I better just trying to offer Bwlegal some kind of monthly payment? also what happens to the money that I borrowed and am repaying if I haven't actually used the full amount of the loan by the cheque for barclaycard not being cashed? I know in hindsight that this should've been sorted out in 2008 or even 9 but I really would appreciate any advice anyone can give me as sleep deprivation is making me increasingly irrational.