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set aside advice please

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  • eire13
    started a topic set aside advice please

    set aside advice please

    Hello everyone,
    I'm hoping someone can help me please. I have credit card debt from nearly 6 years ago. I have been recently been issued a CCJ by Lowell which was sent to my old address so I didn't have a chance to defend it. I have looked for letters on this website and sent off a request for the credit agreements to Lowell and I have had no reply at all from them. I have also looked at old threads and applied to the court to have the CCJ set aside. They have granted me a hearing. I just need help now please with how to prepare for the hearing as I don't know what to do next or if I have done everything correctly up to now.

    Please could someone help me with this. Please let me know if you require further information to help.

    Many thanks.
    Tags: None

  • echat11
    replied
    Originally posted by eire13 View Post
    Hi echat11

    Thanks for your reply. When you say creditor do you mean Lowell's which was who the debts were with.
    Also is there any help or template for the wording of the letter please.
    I will do that as I definitely could have done without all the stress.
    Thanks so much for your help
    Lowell's is the Creditor they knew the debts were statuted barred, but still took the matter to Court.

    Just write something along the lines of -

    Dear Sir / Madam

    Thank you for the discontinuance of the case against me.

    The Court Claim against me was made by Lowell's with the full knowledge that the claim is statuted barred.

    Lowell's provided all the information dates, payments etc which shows the claim is statuted barred.

    As you will understand this has caused me considerable stress and anxiety for which I now seek compensation from Lowell's.

    If I am unable to resolve my complaint, I will lodge a complaint with the Financial Ombudsman Service.

    I look forward to hearing from you.

    Yours faithfully

    XXXXXXXXX

    Update the thread.

    Leave a comment:


  • eire13
    replied
    Hi echat11

    Thanks for your reply. When you say creditor do you mean Lowell's which was who the debts were with.
    Also is there any help or template for the wording of the letter please.
    I will do that as I definitely could have done without all the stress.
    Thanks so much for your help

    Leave a comment:


  • echat11
    replied
    Originally posted by DE DOGS View Post
    Compensation claim possible ?.
    Well done (Ref post 32), that's good news. As De Dogs says, wait until thinks has settled down, sorted out.
    Lodge a formal complaint with the creditor, they have 8 weeks to respond, tell them you seek compensation for the stress caused, the claims should never have been, because they know they are statute barred. Explain that you will lodge complaints with the FOS, FCA and others. See what they come back with.

    Leave a comment:


  • DE DOGS
    replied
    Compensation claim possible ?.

    Leave a comment:


  • MIKE770
    replied
    Originally posted by eire13 View Post
    Hi echat11

    Thanks so much for your reply.
    I have had good news in the meantime. Overdales have written back and they have agreed all 3 debts are statute barred. They have filed a notice of discontinuence with the court. They have confirmed the matter is now closed. I am very happy for all your help
    I am annoyed they probably knew that the debts were statute barred. It has caused a lot of stress and anxiety.
    I am very grateful to yourself and others who replied for your help.
    THat is how they operate border line to fraudulant claims.

    Leave a comment:


  • eire13
    replied
    Hi echat11

    Thanks so much for your reply.
    I have had good news in the meantime. Overdales have written back and they have agreed all 3 debts are statute barred. They have filed a notice of discontinuence with the court. They have confirmed the matter is now closed. I am very happy for all your help
    I am annoyed they probably knew that the debts were statute barred. It has caused a lot of stress and anxiety.
    I am very grateful to yourself and others who replied for your help.

    Leave a comment:


  • echat11
    replied
    Originally posted by eire13 View Post
    Hi echat11
    Thanks so much for your reply. I will write the above and see what they reply. Should I say I will be amending my defence. And should I put in a new defence now
    Also I need to fill in the directions questionnaire.
    Do I say it is suitable for a determination without a hearing or not please
    Thanks
    a) I will write the above and see what they reply.

    That's a good idea.

    b) Should I say I will be amending my defence. And should I put in a new defence now.

    You can write something along the lines of 'I await your confirmation that all three accounts are statute barred, once you have confirmed that I will amend my defence accordingly.'

    c) Also I need to fill in the directions questionnaire.

    Yes you do (providing you've received all the requested documents from them,) you can request mediation, fill it in carefully. Make sure you send a copy to the Court and their solicitors, make sure you get Proof of Postage for both.


    d) Do I say it is suitable for a determination without a hearing or not please

    That really is upto you, my advise would be to have the Hearing, simply because you have some control over the matter.

    Leave a comment:


  • eire13
    replied
    Hi echat11

    Thanks so much for your reply. I will write the above and see what they reply. Should I say I will be amending my defence. And should I put in a new defence now
    Also I need to fill in the directions questionnaire.
    Do I say it is suitable for a determination without a hearing or not please
    Thanks

    Leave a comment:


  • echat11
    replied
    Originally posted by eire13 View Post
    Hi echat11

    Thanks so much for your other reply. I have read the information about statue barred and now think all the debts are statute barred. What are my next steps
    The 2 credit cards defaults were issued 1st December 2015 and no correspondence or payments after that. And I believe the catalogue was around the same time

    The ccj was issued the 14th January but has since been set aside

    On the credit card agreements it says variable in brackets after the APR. Was that what I needed to find
    Any advice on what to do next would be appreciated please

    Thanks for your help so far
    I would write to them, explain that 'they have established that all 3 debts are statute barred' by providing the information that they have provided. Fill in the XXXXXXXXX.

    Go through each account, write the following,

    a) Credit Card Account Number XXXXXXX was opened June 2015. The last payment was made in September 2015. The Default was issued in December 2015.

    b) Credit Card Account Number XXXXXXX was opened June 2015. The last payment was made in September 2015. The Default was issued in December 2015.

    c) Catalogue Account Number XXXXXXX was opened XXXXXXX. The last payment was made in XXXXXXXXXX. The Default was issued in XXXXXXX.

    Make sure you get Proof of Postage, see what they come back with.

    Leave a comment:


  • eire13
    replied
    Hi echat11

    Thanks so much for your other reply. I have read the information about statue barred and now think all the debts are statute barred. What are my next steps
    The 2 credit cards defaults were issued 1st December 2015 and no correspondence or payments after that. And I believe the catalogue was around the same time

    The ccj was issued the 14th January but has since been set aside

    On the credit card agreements it says variable in brackets after the APR. Was that what I needed to find
    Any advice on what to do next would be appreciated please

    Thanks for your help so far

    Leave a comment:


  • echat11
    replied
    The two credit card debts both look like they are statuted barred,

    The 'cause of action' for the catalogue debt is when they issued the default notice, 5th January 2016 (I think). But as stated in your defence you didn't receive the default notice.

    What's the actual date on the CCJ?

    The APR is located on your credit agreements. What 'varied' means is if the interest rate was 23.5% in March 2014 and then it goes up to 25.9% in March 2015, the terms of your agreement has been 'varied'. they have to provide the original agreement plus the 'varied' agreement.

    Check agreements for this information.

    https://www.nationaldebtline.org/fac...rred-debts-ew/

    Leave a comment:


  • eire13
    replied
    Originally posted by echat11 View Post
    When were these accounts opened?
    Has the interest rate been 'varied' since the accounts were opened?
    Did you get last payment details?


    a) Could anyone explain how the statute barred works please.

    You mustn't of made any payments or admitted the debt in writing over the last 6 years. I still believe it's statuted barred, maybe their solicitors know it is.

    b) Also they have sent agreements for the catalogue account and 2 credit cards. The catalogue account does not have my signature or a date on it and is not even on headed paper.

    It looks like they have 'reconstructed' the agreements, in which case the signature isn't necessary. But even with 'reconstructed' agreements they have to provide other information for example, if the APR has been 'varied'.

    c) The 2 credit cards have just a tick for the customer signature with the date. is this acceptable please?

    It looks like they have 'reconstructed' the agreements, in which case the signature isn't necessary. But even with 'reconstructed' agreements they have to provide other information for example, if the APR has been 'varied'.

    d) Also I seem to have put my name in some of the posts would I be able to remove it please.

    Contact Admin via the white triangle on the left hand-side.

    Don't communicate or make any offers to them at this stage.
    Hi echat11

    Thanks so much for this reply. I have been through the paperwork again. I am thinking these debts are now statute barred too. Would the fact they got a ccj in january which has now been set aside make a difference.

    One thing I'm not sure of is where to find if the APR is varied or not.

    I won't communicate until I hear back.

    I don't have hardly any information on the catalogue account but this is for a small amount of just over 160

    The first credit card account was opened June 2015. The last payment was September 2015. Default issued December 2015.

    The second credit card is actually the same dates opened June 2015. Last payment September 2015 and default December 2015.

    And no there was no correspondence for any of the 3 accounts with either the original creditors or Lowell.

    So to me it seems they are statute barred. Please could you advise further as to next steps.

    Thanks so much. x

    Leave a comment:


  • echat11
    replied
    When were these accounts opened?
    Has the interest rate been 'varied' since the accounts were opened?
    Did you get last payment details?


    a) Could anyone explain how the statute barred works please.

    You mustn't of made any payments or admitted the debt in writing over the last 6 years. I still believe it's statuted barred, maybe their solicitors know it is.

    b) Also they have sent agreements for the catalogue account and 2 credit cards. The catalogue account does not have my signature or a date on it and is not even on headed paper.

    It looks like they have 'reconstructed' the agreements, in which case the signature isn't necessary. But even with 'reconstructed' agreements they have to provide other information for example, if the APR has been 'varied'.

    c) The 2 credit cards have just a tick for the customer signature with the date. is this acceptable please?

    It looks like they have 'reconstructed' the agreements, in which case the signature isn't necessary. But even with 'reconstructed' agreements they have to provide other information for example, if the APR has been 'varied'.

    d) Also I seem to have put my name in some of the posts would I be able to remove it please.

    Contact Admin via the white triangle on the left hand-side.

    Don't communicate or make any offers to them at this stage.

    Leave a comment:


  • eire13
    replied
    Hi echat11

    Thanks for your reply. I will do that. Just wondering if I can have some more help please. I have had a letter from the Solicitors they want to make a settlement and have sent me paperwork. They are offering a reduced amount and payments of 50 per month. Which I can't afford should I write back and try to get a lower amount per month.
    They have said the catalogue debt is not statute barred. The default notice was on the 5th January so I don't understand why it is not statute barred. the other debts are around the same time. Could anyone explain how the statute barred works please.
    Also they have sent agreements for the catalogue account and 2 credit cards. The catalogue account does not have my signature or a date on it and is not even on headed paper.
    The 2 credit cards have just a tick for the customer signature with the date. is this acceptable please?

    If someone could advise that would be great.

    Also I seem to have put my name in some of the posts would I be able to remove it please.

    If someone could help please I would be very grateful.

    Thanks so much

    Leave a comment:

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