egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***

[sam614]

well my true thoughts would not get passed cagbot:D

 

.... because they employ idiots,the cretin probably meant 9.30 tonight.

 

or maybe running late due to making misery for others.

 

OR

It was probably a error date wise and its actually the 24th of never.

 

They maybe praying that you will call them to see where they are.so they can bully on the phone and tell you how serious the situation is.

and tell you that your conduct in this matter is not acceptable.

 

have to wait and see

SAM

Edited September 24, 2009 by sam614
no need to put SAM twice

[sam614]

answered PM.

 

if this latest one is correct.

its better:D

 

maybe innocent guests looking for help.or just reading thread.or cagger at work/not logged in.

 

but its poss that the( deleted ) was seen;)and re looking for further tip offs.the whole thread should have been read by now.

still looking .

 

if so.

 

hello from SAM:pdo you not have calls to make

[mandyjayne]

ok SD just posted through door...

 

its egg for £4000+ what do you need me to post up...it says i have 18 days to set aside

 

WHAT DO I DO - just noticed the covering letter is dated the 10th sept and the SD is also dated the 10th sept, he did not knock either just posted it

 

mj

 

bump

Edited January 8, 2010 by citizenB
merged posts where "bump" has occurred on same day

[sam614]

FFS....crafty bar stools.

answering PM

 

SAM

[mandyjayne]

thanks sam for all your help i will wait and see what i need to do/write/say to get this set aside;)

[sam614]

MJ has been served with SD. tonight pushed through the door.

 

SD date is dated 10TH sept

 

letter received through post yesterday 23rd...and dated 21st. said that they had already attended and were coming out to serve at 9.30 this morning.

 

first she knew about this was a visit on 22nd at 10pm.and no SD was left.

 

18 days to set aside....and SD is 14 days old.

 

any legal eagles about?

[sam614]

have asked for cerberusalert (site team to have a look)

 

SAM

[mandyjayne]

Hi, this is a post from my other thread of what my credit file says in regard to this Egg card

 

Right ive just got an updated credit expert done, on the Egg entry it says:

 

Egg banking plc credit card - satifactory/settled **/05/05

Name: MJ

address: ***

DOB:***

company name: Egg

account type: credit/store card

started: **/06/02

current balance: settled

credit limit: 6000

settled on: **/04/05

file updated:**/05/05

 

status history: 0 0 0 0 0 0 0 1 0 0 0 0 ( one late payment)

 

no default showing...in answer to your questions postggj, it was a while ago, but i used to balance transfer a lot between 4 cards this is one i must have paid off, if not, i never received a default or default notice!

 

any ideas people???

[42man]

MJ....i'd advise to get this set aside. If you can also PM me the name of the process server I will check to see if they are registered... - have a good read of this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/219589-mbna-trying-make-me.html#post2438384

[42man]

Is your local court named on the demand ? Have you checked to see whether they handle Insolvencies / bankruptcies ?

[mandyjayne]

Hi 42man

 

Have pm'd you, yes court named on the demand not my nearest but do deal with SD's.

 

What are my reasons for set aside

 

MJ:)

[42man]

Did you read this ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/219589-mbna-trying-make-me.html#post2438384

[mandyjayne]

yes i have read it...thanks

 

ok so whats the first thing i need to do here..

bearing in mind lowells have sent me nothing regarding this debt except a Lowells statement. I have been concentrating on the overdraft as thats the one i was getting the threatening letters about...this one has just come off the back of that one.. as soon as i sent the prove it letter for the overdraft they put two and two together and have now switched over to the egg debt.

 

Should i cca/sar egg?

[42man]

Yes do it ASAP....by the time it comes to court, it will be highly unlikely they will have produced it (let alone any of the other paperwork)....get the papers in to court ASAP too....you'll need to fill out 6.4 and 6.5, take the original stat demand to the court also, you need to ask the court to swear in your papers...take copies for yourself too....

[mandyjayne]

Hi everyone

 

Just doing my CCA/SAR, i dont have an account number to put on these.

Will that be ok?

and shall i send two lots, one set to Lowells, and one set to egg?

 

URGENT.....Can someone help with what i put on the forms 6.4/6.5, i have downloaded them and will go to court on Tuesday

 

Thanks MJ:)

Edited September 26, 2009 by mandyjayne
add

[mandyjayne]

trying to post up the SD too small thou!! and now cant get rid of them!!!

 

oh done it!!

 

Question..

 

If this Egg card was settled in 2005...suposedly by Lowlife....why 4 years later do they send me a SD with out any other letters regarding this debt in that time?? There is no default registered on my credit file and only one late payment showing against it??

Edited September 26, 2009 by mandyjayne

[sam614]

Hi everyone

 

Just doing my CCA/SAR, i dont have an account number to put on these.

Will that be ok?

and shall i send two lots, one set to Lowells, and one set to egg?

cca to lowell....sar to egg.

URGENT.....Can someone help with what i put on the forms 6.4/6.5, i have downloaded them and will go to court on Tuesday

 

Thanks MJ:)

 

SAM

[sam614]

answering your pm:)

[mandyjayne]

ok sam cca sar done off to post office now x

 

SENT!

Edited September 26, 2009 by mandyjayne

[mandyjayne]

URGENT.....Can someone help with what i put on the forms 6.4/6.5, i have downloaded them and will go to court on Tuesday

MJ:)

[AndyOrch]

Hi MJ

 

The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.
  

What are the time limits to get a statutory demand set aside?

 

An application to set aside must be made with 18 days of the statutory demand being served.

 

What forms must be used to get a statutory demand set aside?

 

Forms 6.4 (application) and 6.5 (affidavit) must be completed and taken to the court.

 

Can the court dismiss an application to set a statutory demand set aside?

 

Yes, if application if there are no reasonable ground to do so.

 

What forms are typically used in the statutory demand process?

 

1. Form no: 4.1
   Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986
   Download Form 4.1.pdf*
   
2. Form no: 6.1
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately
   Download Form 6.1.pdf*
   
3. Form no: 6.2
   Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court
   Download Form 6.2.pdf*
   

Regards

 

Andy

[AndyOrch]

Hi would suggest you ask the Site team to move this over to legal Mandy

 

 

Andy

[mandyjayne]

will do..thanks Andy

[mandyjayne]

can you move me to legal please..have red alerted so hope to be moved soon!!

 

many thanks

 

MJ:)

Edited September 26, 2009 by mandyjayne

[Mr lex]

And moved you have been !!!