janet37
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Everything posted by janet37
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I think it may be scare tactics they are using. but I dont want to take the risk of ignoring them, The last few weeks have been a nightmare, hopefully I will get the set aside, I hope then that that will be the end of it!
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Guess what !!! it's Matthew Leech!
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thanks for all your help , Today I have had an e_mail from M Leech saying that he can not communicate by email unless I contact his office due the data protection act. I have no intention of calling him, I have written and e-mailed him he seems to have chosen to ignore letter. I think I should carry on with the set aside.
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. That I am applying for the statutory demand served on 30th January 2013 by BW Legal on behalf of Lowell to be set aside. The statutory demand is in regard to a Creation Credit Card Account that has not be used since 26/12/2006, with the last payment made by me on 14/12/2006. I aver that this debt is subject to section 5 of the statute of limitation Act 1980 from 26/1/2013, being 6 years from the date a payment was defaulted on with the original creditor. This debt is Statute Barred. This is also the second time that they have issued a Statutory demand the first being in 2007, but not followed through. . opinions please!
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I have just found a letter from RED dated 28/03/2008 it says the time limit set by the court for responding to the SD has now expired then in capital letters it has this is your final demand to prevent a bankruptcy petition being presented. this must be the the SD that they issued before. I don't know why they never followed it up.
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Thanks it is so stressful!! I do expect them to argue.. but I am sure I have had no contact with any one about this debt. Them ignoring emails and letters that I have sent in the last week just adds to it all, not sure if it is a good or a bad thing, but like you say best to deal with it now and see which way it goes, do i need to go to the court or can i post them ?
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Thanks for the advice.. Do i need to enclose the copy of the statement that I have or will they ask for that if they need it? I am so worried about this, would you carry on with the set aside, I have had no response from lowell or BW legal to any emails or letters informing them this is statute barred. I wonder if this is how they carrry on all the time.
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Thank you would you leave it at that and not mention the rest of it.
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This is what I am thinking of putting I am applying for this statutory demand to be set aside as i believe the debt is statute barred the last contact I have had with any creditor about this debt was on December 2006, this is when I disputed with creation finance about the amount and the legality of charges they were adding monthly to my account. They passed this debt to various debt collection agencies who I refused to acknowledge as I believe the charges were unlawful. I was issued with a statutory demand in 2007 by Lowells portfollio which they never followed up.The have now issued another statutory demand, I have emailed and written to them to advise them this debt is statute barred and after telling me that they would cease any collection action I have received la letter from BWLegal threatening me with Bankruptcy, they have also been advised that this debt is statute barred but have chosen to ignore me, Do you think this is ok please feel free to edit!! thanks
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Hi could any one help with how to word witness statement for statute barr debt for setting aside SD thank you .
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Hi guys I'm so stressed over this do you think I should get some legal advice from a solicitor? dont know How Ill pay for that or do you think that I can deal with this, I am proper freeking out!! I have had a look on the net and found some one that does no win no fee on SD but I am a bit wary of this as well
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I have a friend that will be able to help me on saturday to download and fill the form in, I will then post it ,from reading the posts mentiioned above do I need to go to the court or just download forms and fill them in and post them. when i say help me i mean she is more computer literate than me.we will need some sssistance in the actual wording, thanks all so much.
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Thank you
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Hi thanks for all your help so far would you be able to point me in the right direction to get teh required forms for set aside . am I able to download them or do I need to go to a court , I think Ive wound my self up after this letter from BW legal sugesting that they are going to make me bankrupt and sell my home, I am so grateful to everyone that has helped me and for the non judgemental attitude of you all on this site.
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Hi thanks for your reply I have edited the post to show exactly whte dates are on that statement once again thankyou for all your help
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OK guys I will tell you whats on the statement dated 04/01/2007 Balance from last statement (Amount) card used on 27/12/06 payment recieved 14/12/06(amount) Late payment fee29/12/06 (amount) Over limit FEE04/01/07 (amount) Service charge04/01/07 @ 2'2% per month (amount) Service charge 04/01/07@2-2% per month ( amount) Balance amount total due this month xxx overdue payable nowxxx the remainder by 26/01/07
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it is 04/01/07
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Im not sure what the SB date is the last payment was on 14/12/2006 but the last time card was used was 27/12/2006, I continued to get statements untill may2007 but had no contact with them.
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hi thanks for all your help so far I have found a letter from RED that h as he date of the last statutory demand that was 26/02 2008 but that was never actioned if it was I am unaware of this I have to pop out now will be back later I will need some sssistance in filling in the set aside forms, do you think I shoould carry on with the set asside or give in and make an offer, can they realisticly make me bankrupt for 3500 that was an unsecured debt on a credit card, I'm in panic mode again!
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I may have a copy of the letter but no slip but i have a letter red saying that they have responded to my CCA request
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And ,I dont know if this makes any difference I had stopped paying because of the charges so the amount owed was in dispute but I have no proof of this
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I may have a copy but not the recorded slip, but I do have a letter from red It say's we refer to your previous corrspondence with regards to this account, in response to your request please find enclosed a copy of your agreement showing your signature and a copy of the terms and conditions at the time the agreement was signed. the enclosed the statements with this and the lst payment was on 14/12/06 but i did use card on 27/12/06 then there are statements from january07 untill 07/07/07 that just show charges and late payment fees.
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Then there was just letters being sent which I never replied to, Creation passed it to red, I sent red A cca letter but did make it clear that I was not acknowleding any debt to them or anybody else the sent back copy statements from the account, and the credit agreement, they then passed it Lowells, they have kept writing to me I have never replied or contacted them, this outher statutory demand has no date on it only the date the debt was assigned to them 31/07/2007. my credit file has this default date on it in lowells name creation finance are not on my credit file.
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I have copies of statements from the creation account I have made the last payment on 14 dec 2006 but i then used the card on 27/12/2006 I have only just noticed this , is this going to change the statue barred status?
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