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Hi
I am new to the LB site and hope that this is the kind of thing that you can help and adivse on.
I have just been issued with a statutory demand which I understand I have 18 days to apply for a set aside. I am not sure what would constitute for a set aside though.
The demand is from CapQuest: -
I have no statutory notice of default (egg is the original creditor)
There is no letter of assignment or deed of assignment
The CCA is from 2000 which I think may mean that the agreement lacks prescribed terms which may make it unenforceable in a court
I issued a SAR and statements and copies of the agreement were sent out in 2009. Last week they sent all the stuff again but this time with terms and conditions - 2 sets - one which they say were in force at the time the credit card was applied for, and one which they say were in force when the debt went into default.
I had an agreement to pay back the debt to CQ and was doing so but out of the blue they sent a legal letter saying I had defaulted (which I had not and could prove it) and they put on £800+ of interest ( are they allowed to put on interest if the debt is not properly assigned - I have no agreement for interest with CQ). Also, it seems that interest has been applied for the few months when they bought the debt from egg and them contacting me. They have never said what rate of interest they are applying.
I have been in correspondence with CQ since 2009 when they said I had defaulted, I have told them I hold the account to be in serious dispute (re missing prescribed terms, also i think that the only copy of the agreement is on microfiche).
I have SARed Egg, twice, and both times they came back with a null response.
Do I need examples of case law to go into the court? If so, which ones and where might I get them from.
I am hopelessly confused about all this.
Please someone advise if you possibly can.
Best regards
Ed
ps. sorry for the long post
I am new to the LB site and hope that this is the kind of thing that you can help and adivse on.
I have just been issued with a statutory demand which I understand I have 18 days to apply for a set aside. I am not sure what would constitute for a set aside though.
The demand is from CapQuest: -
I have no statutory notice of default (egg is the original creditor)
There is no letter of assignment or deed of assignment
The CCA is from 2000 which I think may mean that the agreement lacks prescribed terms which may make it unenforceable in a court
I issued a SAR and statements and copies of the agreement were sent out in 2009. Last week they sent all the stuff again but this time with terms and conditions - 2 sets - one which they say were in force at the time the credit card was applied for, and one which they say were in force when the debt went into default.
I had an agreement to pay back the debt to CQ and was doing so but out of the blue they sent a legal letter saying I had defaulted (which I had not and could prove it) and they put on £800+ of interest ( are they allowed to put on interest if the debt is not properly assigned - I have no agreement for interest with CQ). Also, it seems that interest has been applied for the few months when they bought the debt from egg and them contacting me. They have never said what rate of interest they are applying.
I have been in correspondence with CQ since 2009 when they said I had defaulted, I have told them I hold the account to be in serious dispute (re missing prescribed terms, also i think that the only copy of the agreement is on microfiche).
I have SARed Egg, twice, and both times they came back with a null response.
Do I need examples of case law to go into the court? If so, which ones and where might I get them from.
I am hopelessly confused about all this.
Please someone advise if you possibly can.
Best regards
Ed
ps. sorry for the long post
)
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