This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I have decided i will write to them and say that based on the fact that they did not deal with request back in 2006, they are to blame for it now being over the 6 year limit. I have decided to ask for 24% interest (which still goves me some room for negotiating). If they dont this time then i will take it to court. I will keep you all updated and ofcourse i will be back for advice and moral support!

ims21 - even 24.9% sounds good. Just wondering why 24.9%?

Citizen - that was very quick reply, much appreciated. i have been up most of the night reading the forum! I am afraid the recent capital one cases do not really fill me up with confidence. I want to strike the right balance and get as much as i can. I would rather get something than nothing. I am on maternity leave at present and if i can get a successful outcome that would be great. One thing that has come out of all this mess/debt is that i no longer have any credit cards or even an overdraft! I have already completed the spreadsheet. Just wondering what my best course of action would be.

In the past i have received a lot of help and guidance from this forum, unfortunately as you can see i am back for more! Back in 2006 i wrote to both capital one (charges relating to feb 2002 to march 2006) and citi financial (may 2003 to sept 2005) for refund of charges. Unfortunately both fobbed me off with standard letters saying that the fees charges were in line with other banks. I then requested copy statements from both companies and sent relevant fees. I mistakenly then believed that with the outcome of the high court test case i could no longer pursue them for the refund of charges. I now realise that credit card charges can still be pursued. My question is where does this leave me. When i initially contacted them i was within the 6 year period. But now with all the time that has elapsed my charges fall over the 6 year period bar 2 charges. Having read people’s experience of capital one specially those over the 6 year period, i feel i may have the same fate and not have any charges refunded. I just wondered what people would do in my situation. Would you just write without mentioning that you had contacted them back in 2006 and hope for the best that they don’t query the over 6 year limit. Or would i be more successful saying that when i contacted them initially that i had been within the 6 year limit and now that i have realised the test case was for bank charges and not credit card that they should refund the charges. I would be very greatful for any feedback. P.S. the charges and interest are as follows: capital one: £808 charges + £5300 in interest calculated at 29% citifinancial: 700 charges + 4k interest calculated at 29% I guess the other thing also to consider is would i be more successful asking for 8% instead of 29%.

Quick update - I am in shock. I came from work today to find the cheque for costs awarded had arrived. I really thought i would have to fight them and thought i wouldn't see the cheque any time soon.

I am so glad i have paid them off last year. I made it a priority as i did not want that guy turning up again, he was a nasty piece of work. I did ask for a discount, i just got some charges taken off.

I have just today received the letter from court confirming the set aside and also the cost that was awarded to me. I would be greaful if someone could tell me when Lowell have to pay me the costs by. Is it from the date the hearing took place or when notification received from court? Thanks!

I forgot something very important......... T H A N K Y O U!!!!!!!! for all those who gave advice and supported me, i couldn't have done it with the help from you guys and the site.

LOL.......... glad that's over! Was in the court room less than 5 minutes. Fantiastic judge. Judge asked if other side were hear i said i didn't think so as i had already asked the clerk and he had told me they had not come. Judge proceeded to summarise quickly what i had written for reason for set aside (statute barred, charges and no response from CCA request). I reiterated to date i still have not heard from hampton regarding cca and unable to make contact with named person on the demand. The judge said he will set aside and that if they want to pursue then they will have to come through the county court route (didn't quiet understand what he meant by that last bit but didn't care as i got what i had wanted a set aside!). I had not submitted my cost for set aside (even though i did call the court the day before and the person informed that i should bring that up with the judge). I asked the judge if i could possibly submit my cost for litigant in person now. The judge looked at it said i was entitled to it and that it was very reasonable and that he would award me the cost! I pointed out that i had to take a day off work and that i was initially going to add that in too but would be happy to accept 19 hours @ £9.25 for research and preparing for the hearing. I have to say that the judge was absolutely lovely and put me at ease. I knew that i had some good reasons but still couldn't help feeling nervous as i have read many thread here whereby people have had judge who didn't really understand and hence did not get the judgement they hoped for. Being awarded the cost was a bonus too! When i came back from court there was a surprise waiting for me. 2 letters from yours truly. 1) smallest of the 3 debt (less than £100) - a print out of some transaction from 2006 in one page the other two page made no sense it was to do with interest rate. they said they were still waiting for the credit agreement and would forward that to me when they had it. 2) 2nd biggest debt which had all the charges. they sent a photocopy of the signature bit and print out of an agreement. There was no info on the 3rd debt (statute barred).

My court date is almost here. Still no correspondence from lowell/hampton.

Thanks nicklea. I read your thread. When the judge advised you that you should have quoted all the case law in ur set aside application, thats exactly what i am worried about now as i had not quoted any. I am so worried that i may have jeoparised my chances!

Hi, I have received letter from court. My hearing date is 6th May. I really need some help and advice as to what i need to do next. When i put down the reasons for set aside i did not use the information provided here as standard (info provided on post #6 on this thread), instead i opted to set out my reasons in layman terms in one side of A4 paper. Is it too late too include all the information normally provided here? is it necessary or should i just stick to what i had written? I keep getting text messages to contact Hampton but as of yet since receiving the Stat Demand i have not received a single letter from them. They had called once when i was in work and i told them to put everything in writing as i was not happy to talking to them over phone. He said okay but have not received anything. All your advice and support appreciated!

fdpm - Thankyou for the reassurance. I just want this over and done with. I feel like i have good reasons for a set aside and especially having read other people threads but i still feel its like a lotterry as the decision is reliant on wether i have a understanding judge or not. Will keep you all posted. Many thanks.

I think I have a big problem........... I received letter from court: "your application will not be given a hearing date immediately. It will first be referred to a district judge. If the judge considers that you application shows no cause for setting the demand aside, your application may be dismissed. If this happens you and the creditor will be told. If the district judge does not dismiss your application on the first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered". y has it been referred to district judge? is this normal? " If the judge considers that you application shows no cause for setting the demand aside, your application may be dismissed". - does that mean the creditor will be able to proceed with bankruptcy? I am so confused i really thought i had good grounds for set aside. As of yet still no cca request adhered to by creditor, date passed last week. Also the fact there are charges on one of the credit card and one account i believe is over 6 years old. I am so stressed!

42man - I have sent you the message

42 man - May i PM you the content i had come up with for set aside? Initially I was going to send in standard information that you and others had written which amounts to several pages. i was worried that if it got to the hearing the judge may think i was just copying and pasting and hadn't really put my own stamp on the information and thought that may prejudice my case. So i personalised it to my situation in lay man terms. I thought when it got to the hearing that's when i would use all the information i had seen others include in their set aside. Having done that i am now worried that i may have harmed my case. I just needed some reassurance that what i had written should be okay. i don't want to put the info in this thread for obvious reasons.

Hi, I handed the set aside forms to court! I find it very strange that hampton/lowell did not write to me after receiving cca seen as they were very keen to start bankruptcy.

I just called the telephone number that is on the statutory demand and asked to speak to Graeme Danby regarding a statutory demand I had received. The person on the line informed me that could he help as Graeme Danby does not take any calls as he is a manager. I pointed out that in the SD it named him as my point of contact. He went on to say that Mr Danby does not work in the centre he is somewhere else. I requested that he transfer the call then. I was again told that Mr Danby is a manger he does not take any call or deal with any calls. In the statutory demand it says: 'If you despite the demand in whole or part you should: contact the individual (or one of the individuals)named in part B immediately. If you consider that you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individual named in part B ........... I do dispute the claim, i have not been able to get hold of the named person Graeme Danby and i have not received a reply to my CCA request, the 12+2 days has passed......... they are all grounds for a set aside...... right?

42man - I have basically gone over similar threads here and was going to use that info. The main one being that the time limit for cca request is tomorrow and they ahve not sent the requested document. Also of the three accounts, the second big one has lots of charges which i started the process of claiming back two years ago and have resumed again. The charges totals over £1k and hence would bring the over all toal amount below bankruptcy limit of £750 i believe. I would greatly appreciate if you can give me some directions as to how to write that. I have not been able to log into the CAG webiste for some reason and so have been panicking! Regards,

Hi, I was wondering if somebody could help me. If a statutory demand was hand delivered say on monday 20th march, when is the last date to submit set aside forms? regards,