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Hi I posted this thread elsewhere but am not getting any resonses even though its being looked at, so i thought maybe I had put this in the wrong place.
Sorry its so long!
I am new to the LB site and hope that this is the kind of thing that you can help and adivse on.
I have just been issued with a statutory demand which I understand I have 18 days to apply for a set aside. I am not sure what would constitute for a set aside though.
The demand is from CapQuest: -
I have no statutory notice of default (egg is the original creditor)
There is no letter of assignment or deed of assignment
The CCA is from 2000 which I think may mean that the agreement lacks prescribed terms which may make it unenforceable in a court
I issued a SAR and statements and copies of the agreement were sent out in 2009. Last week they sent all the stuff again but this time with terms and conditions - 2 sets - one which they say were in force at the time the credit card was applied for, and one which they say were in force when the debt went into default.
I had an agreement to pay back the debt to CQ and was doing so but out of the blue they sent a legal letter saying I had defaulted (which I had not and could prove it) and they put on £800+ of interest ( are they allowed to put on interest if the debt is not properly assigned - I have no agreement for interest with CQ). Also, it seems that interest has been applied for the few months when they bought the debt from egg and them contacting me. They have never said what rate of interest they are applying.
I have been in correspondence with CQ since 2009 when they said I had defaulted, I have told them I hold the account to be in serious dispute (re missing prescribed terms, also i think that the only copy of the agreement is on microfiche).
I have SARed Egg, twice, and both times they came back with a null response.
Do I need examples of case law to go into the court? If so, which ones and where might I get them from.
in the SD's particulars of debt it says
'The agreement terminated upon the failure of ....... to comply with the terms of the agreement and/or a statutory notice of default served by Egg Banking.
The rights and duties of Egg Banking Plc passed to the Creditor pursuant to an assignment dated ...' (this is just left blank, there is no date).
It goes on to say that the amount owed is £££ which includes £££ of interest which, has accrued since the assignment of the debt.
the amount owed is what was on the final egg statement minus payment I had made. They put interest on but took it all off. The claim does not include interest. This make the amount on the SD incorrect.
I read somewhere that and 'unless' clause can be applied to county court claims, would that be the same with a set aside?
Help - please! The thought of just stepping foot in a court is making me ill.
Ed
Sorry its so long!
I am new to the LB site and hope that this is the kind of thing that you can help and adivse on.
I have just been issued with a statutory demand which I understand I have 18 days to apply for a set aside. I am not sure what would constitute for a set aside though.
The demand is from CapQuest: -
I have no statutory notice of default (egg is the original creditor)
There is no letter of assignment or deed of assignment
The CCA is from 2000 which I think may mean that the agreement lacks prescribed terms which may make it unenforceable in a court
I issued a SAR and statements and copies of the agreement were sent out in 2009. Last week they sent all the stuff again but this time with terms and conditions - 2 sets - one which they say were in force at the time the credit card was applied for, and one which they say were in force when the debt went into default.
I had an agreement to pay back the debt to CQ and was doing so but out of the blue they sent a legal letter saying I had defaulted (which I had not and could prove it) and they put on £800+ of interest ( are they allowed to put on interest if the debt is not properly assigned - I have no agreement for interest with CQ). Also, it seems that interest has been applied for the few months when they bought the debt from egg and them contacting me. They have never said what rate of interest they are applying.
I have been in correspondence with CQ since 2009 when they said I had defaulted, I have told them I hold the account to be in serious dispute (re missing prescribed terms, also i think that the only copy of the agreement is on microfiche).
I have SARed Egg, twice, and both times they came back with a null response.
Do I need examples of case law to go into the court? If so, which ones and where might I get them from.
in the SD's particulars of debt it says
'The agreement terminated upon the failure of ....... to comply with the terms of the agreement and/or a statutory notice of default served by Egg Banking.
The rights and duties of Egg Banking Plc passed to the Creditor pursuant to an assignment dated ...' (this is just left blank, there is no date).
It goes on to say that the amount owed is £££ which includes £££ of interest which, has accrued since the assignment of the debt.
the amount owed is what was on the final egg statement minus payment I had made. They put interest on but took it all off. The claim does not include interest. This make the amount on the SD incorrect.
I read somewhere that and 'unless' clause can be applied to county court claims, would that be the same with a set aside?
Help - please! The thought of just stepping foot in a court is making me ill.
Ed
in the next couple of days. I kind of know what my reasons are but don't know if the form is properly filled in. 
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