Hi all, A quick update on where I am at with this SD. I contacted BW Legal on 13th August to request for them to provide me with my credit agreement, default notice and full statement of account. I gave them 7 days in which to respond, but as yet, I've not received anything from them. I've received a few phone calls and three emails asking me to call them, each time I have responded to say that for audit trail purposes, I will only correspond with them by letter or email. I sent off my request for the SD to be set aside and have a hearing date in November for this. With the letter I received with the hearing date on it, I think it's asking me to send in copies of my credit agreement etc... by 28th September (the actual letter is at home so can provide the exact wording later this afternoon, if needed). If this is correct, what should I do as BW Legal/Lowells have not yet provided me with this? I'm also in the process of sending another recorded deliver letter to lowells to chase up this request.

Sorry, one last question. Am I right to assume that section A (below) will also be the name of the creditors: (a) Insert name and address of person to attend hearing

Thank you so much. That's really helpful.

I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance.

I'm just completing the forms now, a few questions if I may: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) 5) Should the reason be given for wanting to set-aside be: - (1) “Do not admit the debt because…” [here state grounds] or (8) “Say that the Demand does not comply with the Insolvency Rules in that As I'm quite sure I didn't have a HBOS loan - so am relying on them sending me the paperwork to prove that I do. Thank you again in advance for any help you can give, I'm so grateful for all the advice I've been given so far. It's made this really scary situation a little easier to handle.

1 week, so I'd need to take it in prior to leaving as it will go over the 18 days otherwise. I will sit and read through all the guidence on doing the set-aside tonight with the view of getting this done tomorrow.

I will wait to hear back from them then. I have asked for the information to be sent to me within 7 days. As we are now on day 3 of 18 and that I am due to go away next Friday, should I arrange to prepare the forms to send to the court to have this set-aside or wait for a few days to see what Lowells/BW Legal say?

I'm sorry, I am all new to this and not sure what exact information you needed. I did mention that they quoted a default date in my post #30 - this is the same date that is quoted on my credit report against the entry for Lowells. Sorry again, I am trying to give you all the information you need to help me - but it's all very alien to me and I'm find the whole process very scary and intimidating.

the only mention of the Default Notice is this paragraph "The sums became payable in full following service of a default notice by the original credtior on the date below". I've never held a store card, I did have a catalogue account with Very, but I'm still paying for this now and this shows on my Credit Record under Home Shopping Group.

It says that I entered an agreement with the original creditor and that I breached my contractual payment obligations with them. It then goes on to the list the original creditor - HBOS PLC. Gives an account number (that HBOS have no record of), Agreement Type is Unsecured Loan, Default Date 10/01/2008 and then the Balance Due.

I've moved house 3 times since the time they're stating the debt was taken out, so it is possible it could have been sent out to one of my old addresses? Sorry to be thick, but what do you mean by statement of case?

The CRA just shows the debt from the time that lowell took it over, so the farthest I can view back is October 2012. There is no record on there at all of the pre-Lowells loan. So I have no way of knowing when the last payment was.

Thank you very much. I found that template on another forum, so I'm glad I checked it here before sending it! I've now sent the lady at BW Legal an email basically stating what you have said above, so hopefully I'll hear back from them soon.

This is the email that I'm going to send them this morning, does it contain all the information I need? Good Morning, On Sunday, 11th August I received a Statutory Demand requesting payment for a loan originally taken out with HBOS PLC. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. I did not have any recollection of ever taking a loan out with either Halifax nor Bank of Scotland and I have spoken to three different people at HBOS and they are unable to find any accounts under my name, address (current and previous) or the account number quoted on the letter. Due to this, I will be applying for this to be set aside, with costs Please therefore treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: the assignment 3: the default notice 4: statements or statement of account showing how the sum claimed has accrued, to identify any default/penalty charges. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully I will also send a copy of this letter to them by recorded delivery.

I've found a loan I took out around that exact date, but it was with Barclays? I can't find any link to HBOS and Barclays so it's can't be this one!