Lowell/red threatnening SD on 1972 Barclaycard **SET ASIDE**

[Creole]

That's right nothing on the back of the letter - this is all they sent me!

[emmaf01]

Well that's easy- application form, no prescribed terms and funnily enough, exactly the same as one I signed myself at that time. Luckily, mine hasn't returned to haunt me... yet.

 

I bet you haven't paid anything towards it for over six years as well...

[Creole]

In that case, is there a lovely letter available that I can send them please?

[emmaf01]

PossVox, you are too fast for me!

[Creole]

Thanks guys, I will definately send this off...really really appreciated it!

[scotland2007]

Lowell (also trading as Red and taking over accounts from 1st Credit - 1st credit being notorious for sending "statutory demands" that aren't worth the paper they're written on) attempts to collect a lot of statute barred Barclaycard debts.

 

Offering "discounts" or (wait for it!) the ability to "bid" for your account (yes, that's right, tell them how much you want to pay and they may even say yes and accept your money in convenient monthly installments!) is a classic tell-tale sign of a statute barred debt and a desperate attempt to collect.

 

It is now time to file a written complaint with your local Trading Standards office telling them you are being harassed by Red and enclosing copies of the correspondence you have sent and received. Red knows that once Trading Standards are involved, the pursuit of statute barred debts has to be abandoned as soon as the consumer refuses payment.

 

I bet after you file a complaint with Trading Standards you will soon get a letter like this and the matter will end.

[emmaf01]

I hope you have that framed, Scotland2007, as that is a rare and valuable beastie! I've never seen one before, but I hope we all get one when we challenge a statute barred debt.

[ODC]

The Leeds Losers have sent quite a lot of these out recently. The annoying thing is that they already know a debt is Stat Barred when they crank up the threatomatic

[Creole]

Hi guys,

 

I haven't been updating on this because there hasn't much going on apart from their threatening letters which I've ignored.

 

my set aside hearing is this tuesday. Please can we give me any tips on how to handle the day, what do I need to take with me, what should I expect? My friend is coming with, but I'm really nervous, never been before a judge before.

 

oh, I've sent out all the letters I needed to have sent, inc. the one above and tjhe statue barred letter - I still have not heard anything about that though.

 

I hope I don't get any huge surprises on tuesday, please help me calm my nerves....

 

I've sent off the CCA and got an application form, I then sent the Statue Barred letter and letter refusing to accept application form as the credit agreement.

[postggj]

statute barred is six years from when you last acknowledged the account

ie last made payment

 

what is your defence on getting the sd set asside

[postggj]

it seems they are trying to get you to acknowledge the debt resetting the limitations clock

[Creole]

I think I messed up on my defence, but this is what I put:

 

I do not admit the debt because I am currently disputing it.

I have lived at my current address for nearly 6 years and during this time, I have not heard or communicated with this company.

 

With regards to the SB agrument I can't remember if it's been over 6 years.

[postggj]

for a start, dont worry about court

this will be informal in a side room, no wiggs or gowns

just you and the judge

tell the judge your defence and you believe the debt to be statute barred and the dca have not responded to your request on that matter

take a copy of your letter to the court

how did you receive the sd

was it first/second class post

hand delievered

[Creole]

It was not hand delivered, not sure if it was 1st class, but I recieved it 7 days after it was posted.

[Creole]

no, it was 5 days after it was posted, not 7 days.

[postggj]

tell the judge that

second class post

i very much doubt the dca will be there

seems you are on a winner

just be polite and give the judge the facts

dont forget to ask for costs

£100 should be fine

thats for attending court and research

[postggj]

have a nose at this thread

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day.html

[Creole]

Thanks a lot for the advice, but don't think I'm worried about cost, really just want draw a line under this - its been nerve wrecking.

[postggj]

its your choice, but ask for costs

dca dish out these sd like confetti

the more they are hit in the pocket, the more they will think about doing it to some other person

 

you are entitled to it

they would do it to you in an instance

[Creole]

So when do you ask for costs? after the hearing?

 

Also, what questions am I likely to be asked? I always have a mental block when I'm under intense pressure, I'm soo worried I may not be able to answer any questions.

[havinastella]

So when do you ask for costs? after the hearing?

 

Also, what questions am I likely to be asked? I always have a mental block when I'm under intense pressure, I'm soo worried I may not be able to answer any questions.

 

 

Fax your cost to the court 24 hrs before you have to be there.

 

PT has a good set of costs. You need to be claiming nearly £250.

 

JOgs

[postggj]

it will prob be all over in five minutes

click on the link above

tiglets thread is an insparation to us all as she suffered from a condition putting it at best, terified

before you go into court have the reasons written down in front of you for ref

there have been threads where the judge has set asside even before the other party has spoken

believe me, ime no stranger to the county court and its not that bad

 

the judge may well ask you about costs or after the judgement, mention it

 

read this thread

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/155477-sd-received-post-day.html

[Creole]

Thank you, you've calmed my nerves. I'm reading your attachment, very interesting....

[Creole]

Just read on that thread you attached, the DCA wrote to her acknowledging the set aside application from the court.

 

I didn't get that, instead I continued to get threatening letters. Is that normal?

[postggj]

what you have to remember is the dca dish theses out as a scare tactic to get you to acknowledge the debt and set up a payment plan

 

these are standard computer generated threatogram

the dca know you are setting asside the application as the court would have informed them

i am very sure the dca wont turn up so the judge will not be impressed

 

just relax

its allmost in the bag