Jump to content
Twitter - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'

marshy1977

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    46

  • Joined

  • Last visited

Reputation

1 Neutral
  1. marshy1977
    They are cornered I got one like that yesterday, in court today they tried to use it to reduce the costs.
  2. marshy1977
    The DDJ said the order will be typed-up and sent through the post.
  3. marshy1977
    I meant they decided not to contest may application for set aside.
  4. marshy1977
    I am sure the big guns will be here soon to give advice. Speaking from experience of dealing with SDs first of all you need to consider applying for a set aside. If I were you I would not agree to any payment arrangement unless you can afford it and without putting a strain on your finances. Now that SD has been served the only way this can be stopped is by you applying for a set aside or the creditor withdrawing it (unlikely). They got you into a panic and thats exactly what they want. The application for a set aside should be done within 18 days from when you were served the SD, the application is sent to the county court stated in the SD. You need to have a copy of the agreement sent to you, chances are there is gaping holes in the agreement. You need to draft a letter to AMEX and ask for the copy of the executed credit card agreement including the terms and conditions in force at the time when the account was opened (this is essential and must be done immediately). There is a statutory £1 fee payable to AMEX for the above information. You can use this template: http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter Try to panic, but not having this set aside could be disastrous. I have just had two SDs set aside so it is possible and my cases were 50/50.
  5. marshy1977
    Lowell conceded again.
  6. marshy1977
    Thank you. I made an out of time application to set aside about 3 weeks ago. I am waiting to see what the court says. I menioned in the witness statement that it was an abuse of process to re-issue an SD with debts already dealt with in an earlier SD hearing. I also treated it as if it was a fresh SD and argued the points I argued in the first SD. I am going for costs but shall I apply now or wait after the court has accepted my out of time application. I am thinking the court might decide this one without a hearing.Yesterday I also received a letter giving me optuions to pay the money. Option one is a 25% discount the other option is to pay 25% and then rest in instalmentsI have written to them and pointed out that an application to set aside the SD is with court. My wife thinks I should not pay them a penny because of their sneaky attitude.
  7. marshy1977
    Hi all, I have a question, can a set aside SD be re-issued again at a later date? or can a debt on an SD that was set aside be put onto another SD?
  8. marshy1977
    If they go for bankruptcy they will get absolutely nothing, but because they are running an evil empire I have to fight them to the end.
  9. marshy1977
    I read somewhere, they are making at least 60 people bankrupt every week. I am not sure of the figures. Lowell are strange creatures they actually sent in a solicitor to concede a set aside application. I n the morning my wife received a further statement from BW Legal meant to used in today's hearing through the post. The solicitor was hammered by by the judge, basically she felt short of calling her incompetent.
  10. marshy1977
    Unclebulgaria, I will do exactly what you mentioned above. I want to make sure they don't get a penny.
  11. marshy1977
    Citizen B, yes I thought the second one was just putting right an error they made in the first one, because everything is the same apart from the O2 debt.
  12. marshy1977
    The judge implied that I need to something about it. She wasn't happy with what Lowell had done. I think I need to set it aside on the basis that essentially Lowell are circumventing the rules by repeatedly issuing the same SD even though it has been set aside. I need further advice please.
  13. marshy1977
    Lowell simply conceded the first one and agreed to the set aside. But the issue here is, the two SDs are essentially one thing, the DDJ touched on it.
  14. marshy1977
    Now the not so good news. Lowell issued two Statutory demands. The first one was dated 18 January 2013 and it is the one that has been set aside. It has 5 debts the total listed is £2324.21. The total debts listed do not add up to total sum mentioned above. The second one was in their bundle they served after a court order. It is dated 1 February 2013, it contains all the other debts in the first one plus 1 debt from O2. The total is £2324.21 same as the first one, all six debts add up to that sum. Now the problem is this, the DDJ said she can only deal with SD of 18 Jan and that the one of 1 Feb is out of time and Lowell can petition for my bankruptcy. How does that work out? I need to make an out-of-time application for set-aside. Please help!
  15. marshy1977
    Dear all, Its good and bad news. The Statutory Demand has been set aside with costs.

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:- 923 Finchley Road
London NW11 7PE

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...