1st credit SD issued , HBOS debt **WON _ SET ASIDE**

[Lilythepink]

Hi I am new to the forum, but I need some advice very quickly.

 

I have been on a dmp since December 2005 with Payplan, and on my own dmp since 2003.

 

I owe approx £60k on about 13 credit cards, and one loan.

they have been passed around and interest and charges were put on the £30k and it was bumped up to £60k.

 

Due to illness and loss of jobs etc, I fell behind on payments etc.

But I have been very responsible in setting up the dmp etc, and then going to Payplan as advised by my work.

 

My problem is that I have only been able to pay £1 token payment for the last year.

 

First credit have issued a sd to Payplan,

and they have forwarded it to me,

for a debt that was origninally with the Bank of Scotland.

 

I have been advised to set it aside and am going to the court tomorrow.

 

What do I put on the set aside, and how do I find out if it has been set aside,

and from reading the forum I am frightend now that I will actually have to go to court for a hearing.

 

I work for the courts so it is all becoming very close to home.

 

Help:mad:

[Patma]

Welcome to the forum Huggia.I'm sure someone someone with expert knowledge will be along soon to give you sound advice.

You are amongst friends here and you will get lots of support.

[42man]

Hi Huggia.....

 

A few questions please...

 

Do you know what the debt is for ?

Am I right in saying that 1st Credit issued the stat demand to Payplan ?

You have got 18 days to set aside and you need to dispute the debt substanitally, whether it be their non production of a credit agreement with the prescribed terms

Excessive charges on the account

Non production of default notices in the valid format

Non production of a valid notice of assignment.

 

You can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

You need to submit form 6.4 (set aside) and 6.5 (affadavit)....once you have completed the forms, you need to take them to your local county court (but ring them and check they handle bankruptices/insolvencies) once there you need to 'swear in' your affadavit in front of the court staff (this is usually free, but costs £5 at a solicitors or I believe it costs £12 at central London courts).....Once in you should get notification of a hearing, although some judges will set aside before then

 

Have a look through these as you will find them helpful

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/151149-help-pls-process-sd.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/103839-cca-1st-credit-connaught.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/157201-statutory-demand-capquest-425-a.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/161411-off-court-within-week.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit.html

 

If you need any more help please shout...

[twofoot]

I am not very familiar with bankruptsy but just a thought. As you have so many debt is it not worth you letting them make you Bankrupt. It seems to me that you will be paying for life with SD's coming along every now and then. Maybe going B might be a good thing for you, I don't know. It must be worth asking advice.

[42man]

Bankruptcy should never be forced on anyone, and it really has to be a final option, it may be worth thinking about, but it might also be a good idea to give the National Debtline a call too (it is free and they give impartial advice) - 0808 808 4000

 

National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

[Lilythepink]

thanks for the replies.

 

I was not told by Payplan that I would have to attend a hearing,

and I find that they are just letting me toot along on paying £13.00 a month until the year 2392 would you believe.

 

I got two o my debts written off, by doing it myself... by writing letters and including budgets etc.

 

I am responsible for all the debts and will go to court next Monday to do the needful, but I don't remember getting a reassignment letter from 1st Credit....

 

Most of my debts are bumped up by charges etc, can I still ask for these credit card charges back even though I defaulted on my agreement?

 

I have looked at the bankrupt route, and I would lose my job if I went this way, and my living accommodation.

 

I also would like to know how long these debt managment plans are meant to be for, as I will be long gone by the end of this one....

 

I have to go to work whilst I have it, so will come back later to the forum. thanks again

[42man]

Yes reclaim your excessive charges back + 8% compounded interest.....

[Lilythepink]

My goodness, I will start the paperwork this week, and see what I can claim back.

What about the charges that have been sold on in the debt, to First Credit and other DCA?

[42man]

Claim those back too...are you ok on your stat demand set aside defence ? Have you sent off for a CCA ?

[Lilythepink]

No I am not ok with the defence. I am waiting for some help from Payplan, because I don't know what my defent is, except that I have been on a dmp since 2003, and have not ignored my debts, and because of rising prices etc, I am only paying £1.00 a token payment because I cannot treat anyone of them differently. I can show the court my budget and all my debts on a printed sheet, and all the payments made.

What is a CCA?

 

Arlene:)

[42man]

Have you read the threads in post 3 above ?

[42man]

This is the CCA request here and the reasons why you need to send it out....although it only applies to credit cards / loans

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164270-debt-wescot-lowell-unsecured.html

[Lilythepink]

thank you, I will read the threads, and read about the CCA, why have payplan in the last three years, not asked me to do, or have they done anything like this.....?

[42man]

You could dispute the debt due to

 

Alleged creditor not supplying a Credit Agreement that contained the prescribed terms

Alleged creditor not supplying a default notice in the prescribed manner

Alleged creditor not supplying statements for the duration of the agreement (it not being uncommon that some debts are made up entirely of excessive penalty charges)

Alleged creditor not supplying valid notices of assignment

Creditor serving a statutory demand to a payment company in YOUR name...an abuse of process.

[Lilythepink]

new to the sight last week, and I urgently need a reply and I can't find my last correspondence.

I went down to the local county court, to the Bankruptcy office with my statutory demand that I got, only to be told that I need a solicitor to witness it, and I can't afford one, and neither do I want the whole of Belfast knowing about my troubles. Is the law different over here?

 

Help:???:

[gizmo111]

Yes the law is different over there.

 

For information in Northern Ireland you should contact The Insolvency Service of Northern Ireland at:

 

The Insolvency Service

Fermanagh House

Ormeau Avenue

Belfast

BT2 8NJ

 

Tel: 02890 251441

[Lilythepink]

thank you will do that, I hope that I can sort this out....

 

Arlene

[Lilythepink]

Hi

I have now went to the court and got a date of 26th November for my hearing. The court clerk handed me four copies of the papers, and said that I would need to be careful re the addresses for Mr D Silcock of First Credit and Connaught as they are two different addresses to be served on.

What have I to do with these papers, do I serve them by post or what? I am exhausted with all this, can't sleep, can't eat..... really terrified by the whole process....

[MARTIN3030]

3 threads merged-please keep all your posts relating to this here now-it makes things easier for those helping you.

 

I know its easy to say-but try not to worry about the process-its just formality-I am sure you will continue to get support and guidance from here.Just be a little patient for tonight-lots of our users here are with their kids and fireworks.

[Lilythepink]

I would do, if I could find my original post, how do I track it?

 

thanks

[Lilythepink]

No-one has replied to my urgent call for help. Meanwhile Payplan has just told me to go to CAB for help, as they do not know anything about Northern Ireland, this is after I have been with them for over 3 years..... Any ideas....

 

:evil:

[Lilythepink]

Can I butt in here, as no-one has answered my request about an SD from 1st Credit/Connaught

I sent a CCA to First Credit, not to Connaught, should I have done. My papers are with the court and a date set 26/11.

Also, do I sent copy papers to Connaught and First Credit, as the court clerk,. just gave me copies, never said what to do with them?

Sorry for butting in, but I am in urgent need of advice?

 

thanks

 

huggia:confused:

[Lilythepink]

Silly me, I have not got a copy of the actual document, the court have it. but the clerk told me to send to both companies, she must have seen it before.

What is included in costs, carparking, days off work etc.

I am going to CCA Connaught, as I have just CCA's First Credit.

I am so nervous, as I actually work in this place, so it is very embarrassing. thanks Miss muppett.

I have myself in such a state. i thought payplan would have dealt with all this, as they say they don't know the law in Northern Ireland, so I am on my own, except for this forum, which is a great comfort, although some of the posts are very very scary.

[42man]

Huggia I know one Cagger who is based in Ireland, i'll try and PM him with a link to your thread...

[citizenB]

I would do, if I could find my original post, how do I track it?

 

thanks

 

You will find your thread by clicking on the USER CP button, top left on the blue bar that runs across the top of the page. You will get a list of all the threads you have made, or posted on.

 

No-one has replied to my urgent call for help. Meanwhile Payplan has just told me to go to CAB for help, as they do not know anything about Northern Ireland, this is after I have been with them for over 3 years..... Any ideas....

 

:evil:

 

This could be because you have asked questions on other threads and being answered there. You do need to keep everything in one place

 

I have asked for those posts to be merged here so that CAGers have the full story and can answer your queries properly.

 

I am sure someone will be along soon to help you out.