SD Set aside last year, now received a country court claim form

[mdg76]

Kate Briscoe took on the case and had the SD set aside, now faced with a county court claim form from same solicitors.

What action should I take now ?

Thanks,

[MissFM]

Re: SD Set aside last year, now received a country court claim form

Please could you provide more information as to what help you are seeking now (without giving your personal details)? x

[mdg76]

Re: SD Set aside last year, now received a country court claim form

Well last October when BW issued the stat demand, they were unable to comply with the CCA request and the stat demand was set aside after being represented by Kate Briscoe.

Can the same set of solicitors now just send this county court claim form after their previous non compliance ? Also, should I just be contacting the solicitors where Kate works, would they still be assigned to this ?

Not sure what my course of action should be.

[nemesis45]

Re: SD Set aside last year, now received a country court claim form

Is there still no CCA available?
Certainly try to contact the solicitors as they are familiar with your case.

[MissFM]

Re: SD Set aside last year, now received a country court claim form

Mdg - I'm not able to answer your questions, sorry, but someone who is will be along soon - be patient - and if you are able to supply more info that will help people advise then please do

[mdg76]

Re: SD Set aside last year, now received a country court claim form

Is there still no CCA available?
Certainly try to contact the solicitors as they are familiar with your case.

No, CC was never produced following request last October. They just sent what I presume to be a standard letter saying that they would have to ask original creditor for requested docs.

[mdg76]

Re: SD Set aside last year, now received a country court claim form

Actually, the SD was withdrawn looking back on my success thread from last year.

[FlamingParrot]

Re: SD Set aside last year, now received a country court claim form

Well last October when BW issued the stat demand, they were unable to comply with the CCA request and the stat demand was set aside after being represented by Kate Briscoe.

Can the same set of solicitors now just send this county court claim form after their previous non compliance ? Also, should I just be contacting the solicitors where Kate works, would they still be assigned to this ?

They may not be assigned as such since the case was successfully concluded at the time, :yo: however, they would still have your file. If you look at her signature, you'll find Kate is on maternity leave, however, others at the firm may be able to help. You could try PT2537 who is also a lawyer with the same firm. :thumb:

[FlamingParrot]

Re: SD Set aside last year, now received a country court claim form

Going back to your other thread, I can't see a response to the question below, which is very relevant when a court claim is issued. Maybe because Kate was on the case very quickly, :yo: it wasn't necessary to go further, however, it would be useful to know the answer to this question now:

The most important factor is whether you opened this account before or after April 2007. That's when section 78 becomes make or break. What can you remember about this?

On the post below you say is for "around 4 years ago", that means around 5 years ago today. Have you any idea when you last made a payment?

In it is a SD for a credit card debt from Halifax BOS.. Handed to me today 3rd October, yet signed by BW Legal on 23rd September. They mention the 18 days. Is this from today or 23rd September ?

I had taken previous advice and just ignored letters so this is for around 4 years ago.

I haven't done anything before like requested signed credit agreement, NOA etc. Is it now too late ?

I will be redundant come 17th December so could possibly just offer them a percentage settlement at this date when I could afford something.

What do I need to do about this SD ?

I don't recall having recd a default notice from HBOS or anything saying they have passed the debt on to Lowell..

Amount is 6900.

[Celestine]

Re: SD Set aside last year, now received a country court claim form

Hi there :tinysmile_kiss_t4:

Just got your PM; which I shall reply to but in the meantime for the benefit of others in the same shoes, have they sent you any documents in response to the original CCA request?

Kate

[mdg76]

Re: SD Set aside last year, now received a country court claim form

Hi there :tinysmile_kiss_t4:

Just got your PM; which I shall reply to but in the meantime for the benefit of others in the same shoes, have they sent you any documents in response to the original CCA request?

Kate

Thank you, no nothing ever received from them.