Thanks dx100uk, I'll ring the FOS tomorrow the letter from WFS said they had informed the FOS of it's position. Reason I was thinking about a court summons or statutory demand is that WFS seem to pay off court judgements. Demands are cheap to issue but expensive to follow through, court claims are more expensive. If they continue to trade being unable to meet their obligations (IE - insolvent), they are trading illegally.

Any advice ? Seriously thinking about making a county court claim or statutory demand to WFS.

OK - letter received from Aviva today - Having made enquiries with WFS, our policy administrators and carefully considering the information obtained, I regret to advise that Aviva is not responsible for the sale of your insurance. This is because your policy was sold after WFS became a member of the General Insurance Standards Council (GISC) This means WFS are responsible for investigating any sales after that date. To clarify, in the event that you choose to make a complaint to the Ombudsman about Aviva, we will ask them to dismiss the matter on the basis that we have no responsibility for the sale of this PPI policy. At the same time I sent the letter to Aviva, I also sent a 7 day 'letter before action' to WFS. Reply received yesterday saying they aim to respond within 20 working days. Spoke to a friend who is a licensed insolvency practitioner. He was astounded that WFS are saying they are not paying out any liabities as they are expecting to enter liquidation in the next twelve months. He says if they are still trading under any circumstances it's illegal and in fact it's a liquidators job to collect outstanding accounts from WFS debtors. He suggested serving a statutory demand and see what they do. Any ideas chaps ?

I sent a SAR but they could only send me the agreement. I raised it with WFS first in 2010 but had a long drawn out court case which I eventually won based on PPI for the later loan. DJ said he couldn't make a judgement on the earlier one and I'd have to raise it with WFS directly. Loan was 2003. Case was concluded in court on 1st April I sent a claim to WFS within a few days. Just got reply today so I don't think time will be an issue - it's not me that has caused the delays. WFS took nearly three years to find enough paperwork from sending the initial claim, to actually going to court, but ignorred previous issues relating to PPI prior to that. I assume the claim to NU will use the same arguement that WFS have already accepted in todays letter - It said yes we agreed we mis-sold PPI but we've no money to pay compensation.

Thanks DX. Do you know if anyone has been sucessful in claiming from an insurer ? It was underwritten by Norwich Union, but sold by WFS. NU will probably say they didn't do the mis-selling it was WFS won't they ? Thanks

Have had two loans with WFS - one pre 2005, one post 2005. The latter PPI claim was settled as an offset of a claim against me. I agreed not to make claim against WFS. The DJ said he couldn't include the pre-2005 PPI but said I needed to make a separate claim. I did so in April, but received a letter back today saying there is no money left and WFS is going into liquidation soon and they have been advised not to pay claims. I would need to claim against any liquidator when appointed but I am likely to only receive a few pence in the pound. My question is - would it be advisable to take out a county court claim directly against WFS. We are talking about £3000. Are they likely to pay it ? Also. can a claim be made against the insurance provider rather than WFS ? Thanks.

Well i suppose i don't have to reply. But they sent one of their normal 'without prejudice ' letters offering discount for admitting the debt to them etc. No court or mediation date yet. Do you think I should just ignore it or maybe standard rebuff saying comply with CCA ? (Awaiting agreement, NOA and default notice etc). There are also many errors on the statement. Figures don't add up on some pages and no details of interest rates etc.

Particulars of claim - for £XX - The defendant entered into an agreement with the original creditor set out below pursuant to which the defendant agreed to pay the originakl creditor for services and/or facilities provided to the defendant. The defendant has breached contractural obligations pursuant to the agreement in respect of which the original creditor has notified the defendant of the breach and made a demand for payment. The sums became payable in full following service of a default notice by the original creditor on the date stated below and this being unsatisfied by the defendant. Original creditor - Capital One (Europe) PLC Agreement Number XXXXXXXXX Agreement Type - Credit Card Default Date - Balance Due - £ XXXX The claimant is a debt purchaser which has purchased the rights and benefits in the debt set out within the particulars of the claim by virtue of a legal assignment pursuant to section 136 of the land and property act 1925. Further details in the claim relate to statutory interest. Defence was I dispute the full debt. The claimant was issued a CCA request in June 2012 with which they have failed to comply in any way. The debt therefore cannot be proven and is unenforcable in law whilst the claimant remains in default of the request. Since then - After near three years I have received a statement of sorts, but no readable agreement, notice of assignment, default notice etc. I need to reply to this in the next few days really. I'm planning to say - still need default notice, still need agreement, still need notice of assignment and they're still in breach of the CCA until they can produce it therefore it unenforceable. Thanks for your help Ford.

They issued a summons, I agreed to mediation back in January but nothing heard since. The CCA request was June 2012 it's nearly three years to produce any sort of statement, still no readable agreement (they did send a completely unreadable one), no notice of assignment, no default notice etc.

OK - nearly three years after the CCA request (June 2012), just received a form of a statement. Many items not listed, figures don't add up, no details of interest rates, some penalty charges etc. It's clearly not a CAP1 statement (ie on headed forms). Still not received a readable agreement, notice of assignment, copy of default notice etc. I opted for mediation but haven't heard anything from the court, so not sure of a way forward ? BWL have offered a 20% for early settlement again. Octian

I have just received the form offering mediation. Not returned it yet. Now they did produce a zero balance statement and unreadable agreement at the set aside hearing. Judge said it was highly unlikely they would be able to petition on the documents they had. The set aside was dismissed because I sent the CCA request after the SD therefore he said it had been issued correctly. The CCA was sent in June 2011 and I have sent numerous letters since requesting the required information but haven't had anything since. They said they would petition in January 2012 but never did, never heard a tweet until the court claim. No LBA. Claim form said full details would be sent within 14 days, it's now 40 plus days and nothing.

Name of the Claimant ? Lowell Portfolio 1 Date of issue –26/11/14 What is the claim for – the reason they have issued the claim? Old Capital One Credit Card account. What is the value of the claim £1600 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I certainly cannot remember doing so. Did you receive a Default Notice from the original creditor? I think I did yes. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Self-employed and main client went bust. What was the date of your last payment? Early 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I think I mentioned problems to them, but again it's a long time ago. I don't think that a formal agreement was made. To be honest I felt fairly confident sending a defence as they hadn't complied with the CCA request back in 2011 (and still haven't). defence is that I disputed the debt, I have lots of documented letters asking for details of the account, NOA and readable agreement. To date - unreadable photocopied agreement and statement showing zero balance. Protocol wise the last communication prior to the claim arriving was a threat to issue bankrupcy proceedings in January 2013 - which I rebuffed with the same arguements and never heard a tweet out of them until the court papers. So I wouldn't have thought that a letter (which didn't mention a county court claim) nearly two years ago complies with standard protocol, but I maybe wrong. Also the claim mentions that full details of the claim will be sent within 14 days (nothing heard yet) and they also responded to the defence just outside the 28 days but the court seems to have allowed that mistake.

Out of the blue - without any LBA, received a summons from court relating to oldish Cap1 debt. Had dealing with Lowell about two years ago submitted CCA request in June 2011. So far, and despite numerous requests and letters, received a completely unreadable agreement, no notice of assignment and an account statement saying balance was zero. It's not SB debt. Sent in defence saying the CCA request hasn't been actioned and therefore any alledged debt is un-enforcable. Had letter from BWL saying they wanted to proceed and now from court suggesting mediation. Any advice ? I want to know by 'un-enforcable' in the CCA does this mean that they can still issue a summons ? Seems to me pointless to issue one on an unforcable debt, or are they likely to have another card up their sleeve ?

If you've been asking for 7 months - I've been asking for 11 months - so they obviously haven't got any information. I did get a statement - but guess how much I said was owed - £0.00 ! Absolute waste of space.

To be honest, you seem to have it well documented about the dispute, therefore should find it easy to form a defence. Once they have your defence, they have 28 days to reply. If they don't the case will be 'stayed' and they can't do anything without going back to the court. They are a bit stupid and very obviously abusing the processes. May be worth a complaint to the SRA as well as FO.