statutory demand its credit

[Win]

Hi 8 years ago I took out a loan from hsbc.after paying iit without fail for the first 3 years I contacted the bank to ask them to send me a copy of the loan agreement as I wanted to claim PPi. They wrote back and said they couldn't find the loan agreement. I wrote again to a different person in the bank and they wrote back again saying they couldn't provide me with the loan agreement. I stopped paying the loan after reading that without a true copy of the agreement it couldn't be enforced in court to be paid. The balance is £9000 approx. I have had letters etc from different loan companies over the years ( one saying they would let me pay back half of the amount) but nothing more than that until it's credit. Any advice would be appreciated thanks

[Nibbler]

Re: statutory demand its credit

"it's credit"?

Do you mean 1st/First Credit?

You have been sent a statutory demand under the Insolvency Act 1986?

[Win]

Re: statutory demand its credit

"it's credit"?

Do you mean 1st/First Credit?

You have been sent a gZWyYv3B

hello Nibbler
Thanks for your reply.
Yes 1st Credit/ First Credit.
I received a calling card a couple of weeks ago- it didn't say what it was regarding, just that they would be calling again a couple of days later. As far as i'm aware no called back that day and there wasn't any card left to say they has been round. I haven't heard anything since then until Saturday 20th February when I got back from holiday. I'm a teacher and it was half term so had been away from the 13th february to 20th february. The letter had been hand delivered- there is no date as to when it was posted. How do i know when the 18 days are up if there is no date to say when it was delivered? on the first page of the letter (form 6.1 there is a signature of the Insolvency manager and a date of 23/01/2016? This does not correspond to when the demand was posted (anytime last week).
I don't know what to do!! And am very worried. Any help would be greatly appreciated.

[Nibbler]

Re: statutory demand its credit

[MENTION=6]Amethyst[/MENTION]

Was what you sent before a formal request under s77 of the consumer credit act 1974 for a copy agreement?

I imagine 1st step here would be to repeat that to 1st Credit as the new creditor, but others should be able to confirm there.

The date on the 6.1 is just when they signed it if I recall, so nothing to do with a service date.

[Amethyst]

Re: statutory demand its credit

Hi there,

the 18 days runs from the date of service - so as you weren't in to be absolutely safe assume it was delivered the day you went away 13th Feb.

You have previously send a CCA request to 1st Credit and they have not responded.

You already have communication from the original lender HSBC that the loan agreement has gone missing/didn't exist from when you asked about reclaiming PPI.

did you stop making payments at that point ? ( 5 years ago ? )

had you sent them a formal CCA request - or just asked for a copy ref potentially claiming PPI ? Regardless SEND ANOTHER NOW http://legalbeagles.info/forums/show...y-of-Agreement - to 1st Credit as creditor.

You need to complete the form to set aside the stat demand because the debt is in dispute - do you have the form 6.4 with the documents you received ?

Once the stat demand is set aside ( which should be quite straightforward ) then they may bring court action against you but with no CCA you can deal with that.

I'll find some wording for you and also see if [MENTION=551]pt2537[/MENTION] or [MENTION=2]Celestine[/MENTION] can give you a hand with this.

Sharon
xxx

[Win]

Re: statutory demand its credit

Many many thanks for getting back to me.

I haven't yet asked 1st credit for a copy of the loan agreement. I have got the letter printed and was going to post it to them today?

3 years ago I sent the letter ( 77/78 of the Consumer Credit Act 197) to HSBC a requesting a copy of my loan agreement, They wrote back and said no agreement could be found. I followed it up with another letter but again same reply came back. That's when I stopped paying the repayments which I had done without fail for about 4 years. over the years there have been some letters from different debt companies which I ignored- one offering me a special knock down price if i repaid the loan. That has been all until now.

Should i still go ahead and ask 1st credit for a copy of the loan agreement?. I dont think it could have been posted until Wed 17th feb as my lodger was there until then and said nothing had come through letter hand delivered.

should i still go ahead and apply to set the debt aside?

Many thanks again

I

[Amethyst]

Re: statutory demand its credit

I haven't yet asked 1st credit for a copy of the loan agreement. I have got the letter printed and was going to post it to them today?

Yep get that sent off

3 years ago I sent the letter ( 77/78 of the Consumer Credit Act 197) to HSBC a requesting a copy of my loan agreement, They wrote back and said no agreement could be found.

You wouldn't happen to still have a copy of that letter?

Yes def will do the setaside just waiting on a couple peeps coming on to check you get the right info - you still have 8 days to get that sorted ( being safe and relying on earliest date) and in, obvs the sooner the better, but no massive rush to get it sent off today xxx

[Win]

Re: statutory demand its credit

Yep get that sent off



You wouldn't happen to still have a copy of that letter?

Yes def will do the setaside just waiting on a couple peeps coming on to check you get the right info - you still have 8 days to get that sorted ( being safe and relying on earliest date) and in, obvs the sooner the better, but no massive rush to get it sent off today xxx

Hi Amethyst
Many thanks one again
I will do that.
I don't think I have a copy of the replies form HSBC but I will check tonight

[Win]

Re: statutory demand its credit

Hi Amethyst
Many thanks one again
I will do that.
I don't think I have a copy of the replies form HSBC but I will check tonight

Hello amethyst
I'm very sorry to bother you again.
I am starting o panic as I'm struggling with how to fill in the witness statement on the form 6.5 to set aside the statutory demand. Could anyone help me with it?
many thansks

[Amethyst]

Re: statutory demand its credit

Hiya, I'm just going to PM you xx

[Amethyst]

Re: statutory demand its credit

Done xx

[Amethyst]

Re: statutory demand its credit

I don't think I have a copy of the replies form HSBC but I will check tonight

Did you find anything?

[Win]

Re: statutory demand its credit

Unfortunately no. its so long ago and i moved house.