Lowells/Hamptons Stat Demand Help Req. Urgently Pls / **SET ASIDE _ SUCCESSFUL**

[mandyjayne]

Hi Deb...

 

All looking good for you, seems you are getting it all together!

 

When you take the papers to court tomorrow make sure you take 3 sets, one for your records one for the court and the court send one set to Lowlife. When you swear the papers in the court will then send you a hearing date. Its free by the way.

 

Include copies of the requests for docs you have made to Lowlife with your proof of posting along with your affidavit evidence, 6.4/6.5's and a copy of the SD served.

 

Good luck and let us know how it goes

 

MJ:)

[DebShe271]

Thanks MJ - just getting it all together now

[vinegarvera]

Thanks all, letter to lowlifes today (recorded del) stating that they are not authorised to take money from my account, personally took a letter to the bank reminding them of DD guarantee and that no money to lowlifes to be taken from my account, of which I have a receipt.

 

Finalising my 6.4 and 6.5 forms tonight, going to the court tomorrow!

 

Will be thinking of you tomorrow Debshe....

 

Let us know!!

[DebShe271]

Hi! Just to say Forms 6.4 & 6.5 went in today - thank you all for your help! Must've thought I was really keen as I was there at opening time at 8.30am.

I had a lovely Clerk, very helpful, got receipt for my papers. She did say that she had received papers yesterday for someone else involving these 'bunch of clowns' (my words not hers!) -but her look said it all!

I shall keep you posted.

[mandyjayne]

well done Debs,

 

First hurdle..done and dusted

 

Now you get some time to catch up on your sleep, without thinking what do i do next every waking moment!

 

Just do as much reading on here as you can and let us know when you get your hearing date!

 

MJ:)

[vinegarvera]

What odds would you give for Debshe not recieving any paperwork and the losers not turning up???

[citizenB]

What odds would you give for Debshe not recieving any paperwork and the losers not turning up???

 

 

The OFT dont look too kindly on those companies using the Stat Demand to frighten. Remember what happened to 1st Credit.

 

OFT imposes requirements on 1st Credit over debt collection practices - The Office of Fair Trading

 

 

 

[DebShe271]

Thanks citizen B - all noted - much appreciated.

[42man]

You seem to have it all in hand.....I like the fact that they put the wrong court on the demand which (depending on what the judge is like on the day) could indeed be construed as an abuse of process....the fact you attempted to call the person named on the demand and weren't able to get through will also bode well.....

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

 

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

[DebShe271]

Update....

 

Lowells CCA deadline date came and went on 27th April - nothing received. Have recently sent follow up letter saying they failed to respond to my request etc.

 

SARs request to creditors, CAP1 came back saying that they have no records for me at all! Shop Direct came back with what looks like a screen printout of my account, very tiny and illegible, no agreement etc.

 

Have not heard from court re any date set for set aside, did call them and they have said I should hear next week some time.

 

TODAY UNBELIEVABLY - two letters received from Hamptons re the above accounts to the effect that: as they haven't heard from me I must contact them to make payments or I shall be pursued through the County Court......... The bunch of idiots!!!!

[vinegarvera]

Update....

 

......... The bunch of idiots!!!!

 

 

That is the understatement of the year!!

[DebShe271]

Update:

 

Set Aside Hearing was today. Solicitor turned up representing the lowlifes, asked to speak to me prior to the hearing and said that he was going to ask for an adjournment. As soon as he said that I told him that I no longer wished to speak to him. We went in, he asked the Judge for the adjournment stating that he did not have necessary paperwork! Surprise Surprise IN FACT HE HAD NO PAPERWORK I opposed the adjournment on the basis that they should have had all of their legal instruments in place prior to commencing legal proceedings as it had been some 4 months. After a few arguments back and forth the Judge declined the adjounrment and set aside the statutory demand. Yehhhhhhh so thank you all who have helped me, especially CAG, MJ and Vinegarvera. My costs were slightly carved up, however, but I did get awarded costs I guess it will be the case of getting them now.........................hhahahahaha

 

CAG 1 Lowlife Losers 0

[mandyjayne]

yay...well done Debshe

 

What did i tell ya....they say the same old crap everytime....dont have all the docs! my backside!

 

I knew you could do it!... and they have to pay costs within 14 days, if not send in the baliffs!!

 

well done

 

MJ

[DebShe271]

Thanks MJ couldn't have done it without ya xxx

[citizenB]

Well done, I will amend your thread title

Edited August 20, 2010 by citizenB
Title amended to reflect success

[havinastella]

Well done Debs!

[slick132]

Hi DebShe,

 

Well done on getting a great result here !!

[vinegarvera]

Brilliant Debs, knew you could do it!!!! Fells great doesn't it????

[lilly white]

All OK.....well done I have being keeping a watch you where in good hands.........

( back in the shadows) ...Best regards Lilly

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