SD help

[dukeius]

Hello all

I've been trying to research SD's and by pure luck I have stumbled upon this website, so firstly thank you everyone
for the abundance of information I already have. I was wondering if someone can assist me with a SD that has been served.

This was delivered in relation to a debt from Lloyds bank PLC, it would appear 1st Credit finance have purchased the debt late last year. The claim to have sent a notice of assignment but I don't recall this being received although other letters for settlement have.

It has been several days since it has been served, I am in the process of writing to the creditor for a copy of the signed consumer credit agreement.

I am also going to approach the original creditor Lloyds as I am disputing the charge of the debt. A large portion of this would appear to be interest/charges, I don't believe I was informed of them all.

Both these I hope to send first thing tomorrow along with the £1 for the CCA letter and the £10 for the SRA letter. Once I have confirmed delivery I intend on filling out forms 6.4 & 6.5..

What I suppose I am asking is am I doing the right thing in doing the above? am I missing anything and should I need assistance drafting the documents where would I get this?

[seduraed]

Re: SD help

First of all welcome to LB we have experts in getting SD's set aside I'm sure they will be long shortly.

[Kati]

Re: SD help

First of all welcome to LB we have experts in getting SD's set aside I'm sure they will be long shortly.

exactly ... please just try to remember it's the weekend you might have to wait for answers until eatly in the week xx

[dukeius]

Re: SD help

Thank you for the kind welcomes, yeah I did figure it was weekend so replies would be slow, people having lives and what not

[FlamingParrot]

Re: SD help

Hello all

I've been trying to research SD's and by pure luck I have stumbled upon this website, so firstly thank you everyone
for the abundance of information I already have. I was wondering if someone can assist me with a SD that has been served.

This was delivered in relation to a debt from Lloyds bank PLC, it would appear 1st Credit finance have purchased the debt late last year. The claim to have sent a notice of assignment but I don't recall this being received although other letters for settlement have.

1st Crud seem to be starting on the SDs, this is another thread from them: http://www.legalbeagles.info/forums/...020#post529020

You may want to take a look here: http://www.legalbeagles.info/forums/...ead-here-first

It has been several days since it has been served, I am in the process of writing to the creditor for a copy of the signed consumer credit agreement.

How many days? You have 18 days to apply for set aside. :clock:

I am also going to approach the original creditor Lloyds as I am disputing the charge of the debt. A large portion of this would appear to be interest/charges, I don't believe I was informed of them all.

Both these I hope to send first thing tomorrow along with the £1 for the CCA letter

What sort of account was this? You mention interest and charges, was it an overdraft? If so, the CCA request would not apply.

How much are they claiming as the outstanding balance?

and the £10 for the SRA letter.

Are you sending the SAR to Lloyds? 1st Crud wouldn't have the historical data. They have up to 40 days to respond to a SAR and you haven't got that long to apply for set aside.

Once I have confirmed delivery I intend on filling out forms 6.4 & 6.5..

What I suppose I am asking is am I doing the right thing in doing the above? am I missing anything and should I need assistance drafting the documents where would I get this?

Could you tell us a bit more about this account? :typing:

• What type of credit product was it (credit card, loan, overdraft)?
• When was the account opened?
• When did you default?
• When did you last make a payment?

[dukeius]

Re: SD help

1st Crud seem to be starting on the SDs, this is another thread from them: http://www.legalbeagles.info/forums/...020#post529020

You may want to take a look here: http://www.legalbeagles.info/forums/...ead-here-first


How many days? You have 18 days to apply for set aside. :clock:

What sort of account was this? You mention interest and charges, was it an overdraft? If so, the CCA request would not apply.

How much are they claiming as the outstanding balance?
Are you sending the SAR to Lloyds? 1st Crud wouldn't have the historical data. They have up to 40 days to respond to a SAR and you haven't got that long to apply for set aside.


Could you tell us a bit more about this account? :typing:

• What type of credit product was it (credit card, loan, overdraft)?
• When was the account opened?
• When did you default?
• When did you last make a payment?

Hi Parrot,


thank you for your help,

It has been several days, however it's not yet been 18 days, it will be the 11th tomorrow, interestingly they have dated the letter several days before serving, a ploy to make me thing I have reached the time limit early or create more urgency?

The account was a credit card so I'm hoping/sure it's not exempt from the CCA, I'm disputing Lloyds advising me of the additional charges surrounding the debt. My knowledge is a credit limit of £3k, I want to know how they have got to this amount. I'm sure they may attempt to justify this via defaults/interest charges but I still have the right to dispute it right?

I was sending the SAR to Lloyds because I know they hold the data, my thinking was this proves my intention to dispute the debt? again not sure about this.


The questions about the account are as follows:

- it was a credit card,
- I'm sorry the paperwork I have is severely limited but at a guess around 2007 but very possibly before this date.
- the default would be 2011
- no payment has been made since 2011

If you need anymore specific information please just ask.

[Mineral1]

Re: SD help

Hi Parrot,


thank you for your help,

It has been several days, however it's not yet been 18 days, it will be the 11th tomorrow, interestingly they have dated the letter several days before serving, a ploy to make me thing I have reached the time limit early or create more urgency?

The account was a credit card so I'm hoping/sure it's not exempt from the CCA, I'm disputing Lloyds advising me of the additional charges surrounding the debt. My knowledge is a credit limit of £3k, I want to know how they have got to this amount. I'm sure they may attempt to justify this via defaults/interest charges but I still have the right to dispute it right?

I was sending the SAR to Lloyds because I know they hold the data, my thinking was this proves my intention to dispute the debt? again not sure about this.


The questions about the account are as follows:

- it was a credit card,
- I'm sorry the paperwork I have is severely limited but at a guess around 2007 but very possibly before this date.
- the default would be 2011
- no payment has been made since 2011

If you need anymore specific information please just ask.

Hi Credit Card = Credit Card Agreement... GOOD
Statutory Demand = Above Irrelevant IF YOU DON'T GET IT SET ASIDE... BAD
Before 2007 VERY GOOD since they can't offer you a hotch potch 'copy agreement' they have to produce a true copy... However, You need to work out ASAP reasons to get the SD set aside, eg You never received the claim? Put up all your reasons here I think and press the triangle and someone can come and help... Don't worry most Beagles here don't bite... Much :tongue2:

[dukeius]

Re: SD help

Hi Credit Card = Credit Card Agreement... GOOD
Statutory Demand = Above Irrelevant IF YOU DON'T GET IT SET ASIDE... BAD
Before 2007 VERY GOOD since they can't offer you a hotch potch 'copy agreement' they have to produce a true copy... However, You need to work out ASAP reasons to get the SD set aside, eg You never received the claim? Put up all your reasons here I think and press the triangle and someone can come and help... Don't worry most Beagles here don't bite... Much :tongue2:

So I am covered by the CCA so the request for my agreement will be sent tomorrow, they have twelve days to respond to this..

However the 12 days wont be up before the 18 days for the SD. I presume I can still apply to have it set aside under these grounds? the onus of proving this exists is on the creditor as they are seeking enforcement?

as for reasons to set aside the only viable ones I have are:

1) no proof of a signed credit agreement (I don't know if they have this)
2) I dispute the cost of the supposed debt but should I have done this prior to is being assigned to the 1st finance.

Its not statute barred and it was personally delivered so they are not options. I'm not sure what I am looking for in relation to the paperwork so I couldn't confirm or decline how accurate that is.

[Mineral1]

Re: SD help

So I am covered by the CCA so the request for my agreement will be sent tomorrow, they have twelve days to respond to this..

However the 12 days wont be up before the 18 days for the SD. I presume I can still apply to have it set aside under these grounds? the onus of proving this exists is on the creditor as they are seeking enforcement?

as for reasons to set aside the only viable ones I have are:

1) no proof of a signed credit agreement (I don't know if they have this)
2) I dispute the cost of the supposed debt but should I have done this prior to is being assigned to the 1st finance.

Its not statute barred and it was personally delivered so they are not options. I'm not sure what I am looking for in relation to the paperwork so I couldn't confirm or decline how accurate that is.

No the CCA timings won't really effect your Statutory Demand you have to get it set aside.
Were you aware of the original claim? Did you receive a County Court Claim? Notice Before Action? In short, what paperwork did you receive before the SD? If you apply to get it set aside you really need to show that you either were unaware of these court proceedings and to be honest thats common and/or show an argument that you have a real chance of success defending the claim, eg You dispute this debt and gives good reasons why you think its wrong.... If you do have any paperwork scan a copy, print it and black out any details including claim number with black marker and email it here asap that way we can all get a better handle on this for you...:tongue2:

[joedempsey]

Re: SD help

No the CCA timings won't really effect your Statutory Demand you have to get it set aside.Were you aware of the original claim? Did you receive a County Court Claim? Notice Before Action? In short, what paperwork did you receive before the SD? If you apply to get it set aside you really need to show that you either were unaware of these court proceedings and to be honest thats common and/or show an argument that you have a real chance of success defending the claim, eg You dispute this debt and gives good reasons why you think its wrong.... If you do have any paperwork scan a copy, print it and black out any details including claim number with black marker and email it here asap that way we can all get a better handle on this for you...:tongue2:

i would also get a complaint in to the FCA tell them 1st crud are up to their usual tricks issuing SDs again!!!

[nemesis45]

Re: SD help

Dukeius

What is the claimed amount please?

nem

[dukeius]

Re: SD help

Hi all,

you wernt wrong, it does get busy after the weekend!

The amount is £3611.94

A letter stating bankruptcy proceeding were being considered was recieved also, not sure what you mean by county court claim, this has not been subject to any legal action prior to this sd.

i'll scan all docs on my lunch today, thanks again everyone for your help!

[nemesis45]

Re: SD help

Has an actual Statutory Demand For Payment been received?

nem

[dukeius]

Re: SD help

Has an actual Statutory Demand For Payment been received?

nem

Hi nem,

yes a a demand titled:

statutory demand and under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately.

this was recieved 11 days ago

[nemesis45]

Re: SD help

Ok you need to get this set aside, do you have a defence to the claim
Has there been any correspondence from 1st Credit e.g. " begging letters" for payments, notification of possible court action, issue of a county court claim etc.
The courts take a dim view of the use of SD's as a primary debt collection methods i.e. Bankruptcy is the most severe form of debt collection only to be used when ALL other methods of collection have failed.
Have you responded to any correspondence in regard to this alleged debt in the past.

nem