Set Aside awarded - what does this mean?

[Skaatiii]

Hi

I was granted a Set Aside yesterday against a SD that had been served - due to the debts (there were two on the SD) being disputed.

Can anyone tell me what this actually means? I know it means I cant be made bankrupt over these debts but what does this mean regarding the alleged debt? Can they persue me for the debt? What action can the original creditor or the assignee, now take?

[Curlyben]

Re: Set Aside awarded - what does this mean?

They can still pursue you through the normal County Courts system.

Can I ask who was behind the SD ?

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Lowell Portfolio 1 - The DN date listed on my credit file is 15.12.04 - so this seems to be approaching SB status but I want to sue them so do I need to make an application through small claims before this date? or am i better off seeking compensation via FSO?

[Curlyben]

Re: Set Aside awarded - what does this mean?

Sounds about right.
Firstly report them to Leeds Trading Standards as they will be interested to hear from you.

Now why are you thinking of taking action against them ?

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Well in short, Maladministration of my current account! They constantly had to refund charges and because of defaulted ddr payments to the cc we had with them, demanded full settlement of £20k+ (loan and cc balances with interest etc) within 7 days because ''we'' had broken the t&c of the account. This was because they had caused havoc with payments! We had to get a loan as a second mortgage to pay them - at a rate of 8%over BR, because the only person that would lend us this had a minimum loan value of £35K.

2+yrs after my first complaint they finally investigated and told me the reason behind all the problems - told me to go to a branch to open a new account so that the problems stopped. I spent 4 hours in an open reception providing personal details and yet again explaining in full the problems I had experienced - only to be refused a new account because 'I was an adverse risk' the Customer executive dealing with the complaint apolgised, yet again removed charges and said no more would go onto the account and assured me that the balance on the account would be 'zero'd' as the bank admitted the problems were due to their error and said would open an account for me centrally. The following morning I arrived at work to find they had taken £380 charges for that day and were charging more the following day - I had a nervous breakdown at that point due to the continual stress, embarrassment and humiliation caused by the bank and was signed off work for 6 months and had to attend weekly counselling sessions. My husband phoned the bank to tell them that on no account should they contact me until i was better as i was suicidal - yet they tried to phone me 6 times, They opened the account via their head office 3 weeks later with a zero balance, so he assumed that they had done as they said and had wiped the former account due to their errors, we didnt use the account as we had opened an account elsewhere due to our disgust at their behaviour. As a direct consequence of the breakdown it took 2yrs for me to return to work fully, I was left with a long term illness, which eventually got me sacked from my £36K a yr job!

The bank have not responded to 2 DP requests. and so far have failed to answer a formal complaint after 6 weeks of investigating. I now want them to be accountable for there errors and want to commence legal action! or go to the FSO

Recently found out they had not wiped the account and had sold on the debt - despite them being fully aware of the dispute. When DCA contact was made we explained the situation and all went back to the bank and we'd hear no more for months until a new DCA contacted us. Lowell finally bought the alleged debt and refused to discuss or acknowledge the dispute - all contact from 06/03 to 01/10 was to my OH but in Jan 10 they sent me a letter and I again told them of the dispute. In 09/10 Lowell issued a SD, which I had set aside this week. Theres obviously a lot more gone on, but thats the main points. Incidently, they have also sent me two chase letters about an alleged debt on the SD (they had two on the SD) from a 'trading style' so I phoned them yesterday and said they are harassing me - stop or ill take action! Hence my post to ask what the position is now. BTW the Judge at the set aside hearing stated that both accounts were disputed

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Quick update to the above post... I take it back the bank have issued a response to the latest SAR - they have not sent ANY records regarding the joint account and have only issued a SOA for the account that they opened! Curiously with copies of the only two letters sent on the account 1st saying - you have misused the account - which looking at the statement is dated the time I fist used the account even though it had been opened in 2003, and was used to clear a cheque and the second says that they are terminating my account - looking at the statement this is the only time during the account that it was overdrawn because they paid a payment to a person I had not authorised so it was credited 4 days later? Now Im very confused! I dont recall getting the letter saying they were terminating my account and they have continued to allow use on the account and sent qtrly statements ever since???

Despite my specifically requesting information regarding the original bank account, the only reference I can find to the original bank account is on the copy of the application (that I filled out in the branch and was refused an account) which lists this as the other account i held with the bank.... Have no idea what they are playing at???

Also why would Leeds TS be interested in Lowell?

[Amethyst]

Re: Set Aside awarded - what does this mean?

I would be inclined to take it to the FOS first and I'd say you can go immediately as you have had enough final responses to last a life time and this has been dragging on for a long time (and you have the evidence in the form of your original statements/missed payment letters/ letters from employer etc)

If they come back at you through the courts system while you are at FOS then defend and counterclaim on the issues, but let them make that first move.

But definately go to FOS, give them everything up to these SD's.

Good to hear they SDs were set aside.

[Amethyst]

Re: Set Aside awarded - what does this mean?

Trading Standards are interested in company using Stat Demands as a means of debt collection. Lowells I believe have already been told off for it once.

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Thats interesting to know! The first line on my paperwork "the claimant is using an inappropriate court and I can only conclude that they are using the SD as a method of Debt Recovery" Judge agreed They didnt even bother to attend!

Ill try the Ombudsman then, is there a time limit on these... I know about SB being 6 yrs but think that may be why the bank havent sent any info regarding the original account. My credit file says DN was served 15.12.2004 - mind you it also says this is posted by Lowell - does this mean I need to act mega quick? Can someone tell me when the 6 years actually starts - is there a recognised point that this starts ticking?

Also does anyone know what I do about the SAR only returning info on the acct they opened in 2003, I want the info about the original account and had specifically referred to this account reference in the SAR - whats my next step?

[Amethyst]

Re: Set Aside awarded - what does this mean?

I think its 6 months after final response. When did the bank come back after the 6 weeks of investigating? (I took it that that was recent)

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Quck timeline about recent contact - prior to this I had one letter from Lowell dated Jan 10, saying pay up

SD received 13.9.10 in person from Hamptons Legal, letter of complaint to original creditors and Lowell received by them on 4.10.10, Set aside application made 30.9.2010.

Bank Acknowledged complaint and said would respond within 4 weeks = at 4 wks they wrote saying they need further time to investigate but would defo respond within 4 weeks (8 weeks total, which i take will be their final response due 29.11.2010) on 1.11.10 Bank responded to SAR received today but doesnt refer to the account I requested

Cap 1 responded to complaint on 26.10.10 offered 516.75 off acct re charges refund but denied any knowledge of security fraud = judge accepted valid dispute in hearing. Cap1 asked for signuture SAR on 29.10.10 = 25 days after receiving my request and 3 days after they responded to my complaint which was sent in the same letter- yet the complaint response replies to a question that was asked solely in the SAR They still haven't actioned the SAR request!

Set Aside awarded 10.11.10 - judge said obviously in dispute.

[Skaatiii]

Re: Set Aside awarded - what does this mean?

While going through the bumpf they sent on the new account - I've notied that there is a payment to Pheonix for £70 about 3 years ago - I have never authorised this payment! Are Pheonix something to do with the Coop?

[Skaatiii]

Re: Set Aside awarded - what does this mean?

Quick Update. Bank wrote off account and paid me £250. Compensation.

Cap1 - ongoing dispute now going to Ombudsman. They still havent registered the fraud despite 4 letters!

Lowell - wrote apologising for my distress! State will not take any further action on either account.

Looks positive!

[righty]

Re: Set Aside awarded - what does this mean?

Where there's a risk to the creditor of the debt becoming time barred its not uncommon to find unaccounted for payments supposedly made by the debtot within the last 6 years thereby making the debt enforceable for another 6 years