Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Exclamation HELP Default CCJ and Court Action SOON!!!!!

    Hello everybody and thanks for listening

    here is a brief outline of my unfortunate circumstances.


    I have about 100k in unsecured debt


    I pay a debt managementicon company a small amount to all my lenders.
    I have tried using different 'card clearing companies' to have a go at these debts,
    but nothing seems to be happening.


    Last year I received a court order from Incasso (Royal Bank of Scotlands solicitors)
    and due to my ignorance of the legal system, I was issued with a default CCJ.


    Nothing has happened until recently,
    when I was issued with an Interim Charging order to get the loan attached to my house.


    My house is arguably worth the same as the mortgageicon,
    however, the more I read and understand this, the more I know that my debt to RBSicon does not exist.


    I was informed by a solicitor to apply for the judgement to be set aside on the grounds that I am making payments,
    however, they have made the hearing a joint one at the same time as the Interim Charging order.


    I wrote to RBS stating 6 months ago, the following:

    "
    I would be happy to pay any financial obligation I might lawfully owe as soon as I receive these three documents.

    1. Validation of the debt (actual accounting)
    2. Verification of your claim against me (sworn affidavit or even a signed invoice)
    3. A copy of the contract binding both parties"

    I have not had anything back from them and have asked them once again for the above documents.


    The trouble is, I have to go to court on the 1st March and my time is now rapidly running out.


    I have written to the solicitors, of RBS (Incasso) stating that;
    "I will not speak with third parties as I have been informed that they have no legal standing in this matter. "

    Now I have a court date.
    I want to challenge all my loans, but this court hearing has me rather frightened.
    What should I do and what are my optionbs at this very short time?

    Any and all advice is greatly appreciated.

    Kindest Regards


  2. #2
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    Exclamation Help Cout date and CCJ with charging order!!!

    Hello everybody and thanks for listening

    here is a brief outline of my unfortunate cicumstances. I have about 100,000 in unsecured debt and pay a debt managementicon company a small amount to all my lenders. I have tried using different 'card clearing companies' to have a go at these debts, but nothing seems to be happening. Last year I received a court order from Incasso (Royal Bank of Scotlands solicitors) and due to my ignorance of the legal system, I was issued with a default CCJ. Nothing has happened until recently, when I was issued with an Interim Charging order to get the loan attached to my house. My house is arguably worth the same as the mortgage, however, the more I read and understand this, the more I know that my debt to RBSicon does not exist. I was informed by a solicitor to apply for the judgement to be set aside on the grounds that I am making payments, however, they have made the hearing a joint one at the same time as the Interim Charging order. I wrote to RBS stating 6 months ago, the following:

    "
    I would be happy to pay any financial obligation I might lawfully owe as soon as I receive these three documents.

    1. Validation of the debt (actual accounting)
    2. Verification of your claim against me (sworn affidavit or even a signed invoice)
    3. A copy of the contract binding both parties"

    I have not had anything back from them and have asked them once again for the above documents. The trouble is, I have to go to court on the 1st March and my time is now rapidly running out. I have written to the solicitors, of RBS (Incasso) stating that; "I will not speak with third parties as I have been informed that they have no legal standing in this matter. "
    Now I have a court date. I want to challenge all my loans, but this court hearing has me rather frightened. What should I do and what are my optionbs at this very short time?

    Any and all advice is greatly appreciated.

    Kindest Regards


  3. #3
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    Exclamation Default Notices and Court dates...Please Help

    Ladies and Gentlemen

    I have to go to court in March as RBSicon are attempting to charge my property with an order and secure the debt.......

    Apologies as I am a newbie here but have been reading about Default notices etc., Both me and my partner have a Default Notice with the following dates:

    DN Date: Wednesday 07/01/2009
    Date required to pay bank : Monday 26/01/2009

    I would appreciate an expert opinion as to whether I can challenge this........Court scares me and I just want to avoid the charging order.

    Many Thanks to one and all.

    Kindest Regards


  4. #4
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    Default Re: Default Notices and Court dates...Please Help

    hi steve

    if you dont have a photobucketicon acount use link below.

    Register for free at Photobucket.com

    scan your docs (remove personal details) post them onto your thread (copy and paste the IMG CODE), then we can physically see what we are dealing with.

    i dont know anything about charging orders and i can't advise on them, but thier are peeps on here that can do it in thier sleep.

    cab

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  5. #5
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    Default Re: Default Notices and Court dates...Please Help

    It's one day short. A court assumes that a DN is posted second class and takes four working days to be served unless the creditor can prove it was sent 1st class.

    You could not have received it before the following Tues 13th. Then you have a statutary 14 days to remedy = 27th

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  6. #6
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    Default Re: Default Notices and Court dates...Please Help

    Moved to Legal Forum.

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    Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

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  7. #7
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    Default Re: Default Notices and Court dates...Please Help

    i agree with cerberusalert.

    i was thinking more on the lines of your first post that says,

    I have to go to court in March as RBSicon are attempting to charge my property with an order and secure the debt.......

    what court?
    have you aknowledged?
    POCicon's and all the other relevent bits that come with court action.

    cab

    Cab1ne-Lombard-Shoosmiths **Claim Recieved**
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    Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"
    DISCONTINUED 3rd MAY 2011 **WON**

    santander" Responsible Lending!!!!!!!

    http://www.consumeractiongroup.co.uk...nsible-Lending!!!!!!!

    Capquest "V" Cab1ne

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  8. #8
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    Default





    Firstly apologies for the big picture.......first time using Photobucket!!

    Thanks to everyone for getting back to me so soon. Here are my circumstances;

    I received the CCJ form and whilst trying to get through the red tape and understand what it was all about, a Default judgement was made in my absence in court. That was ignorance and a lack of education on my behalf. I have now received from Incasso (Debt Collecting Solicitors) an interim Charging Order and 'Charging Order Application + Official Copies from HM Land Registry"

    After falling behind on a couple of payments due to poor financial circumstances, I went onto a debt managementicon Scheme and I still make reduced payments through my debt managementicon scheme.
    I have drafted a letter to the judge outlining my wiliingness to pay what I lawfully owe subject to RBS providing me with the following information, stated in a letter dated 160609 to RBS;

    "I would be happy to pay any financial obligation I might lawfully owe as soon as I receive these three documents.

    1. Validation of the debt (actual accounting)
    2. Verification of your claim against me (sworn affidavit or even a signed invoice)
    3. A copy of the contract binding both parties

    I have received no reply from RBS and I have resent them the same
    letter to which I have issued a date to reply before the court date
    which is in 2 weeks...... I also outlined that the original debt was for
    15 years and that all I ask for is to be granted time to pay. I have
    other unsecured debts to a tune of 100k and my mortgageicon is the
    same value as my house....if they put a charging order onto it, it will
    force me into negative equity.

    And so here I am...panicking that I don't know what to do and they
    are going to walk all over me. I have no income as such, nor assets
    but I am getting by with loans from friends. This is my first awareness
    of this forum and as much as I am reading, I would really appreciate
    the help of a professional so I can lawfully state the truth in court so
    as to help myself.

    What should I do? As ever, any opinions are greatly appreciated!!!

    Quote Originally Posted by cerberusalert View Post
    It's one day short. A court assumes that a DN is posted second class and takes four working days to be served unless the creditor can prove it was sent 1st class.

    You could not have received it before the following Tues 13th. Then you have a statutary 14 days to remedy = 27th
    Hi Cerberusalert and thanks for deciphering the dates for me! What does this actually mean, and can I use this as a part of my defense to requst a stay of judgement and begin proceedings against RBS? Apologies, I am just getting around the site now and trying to find a defense for me and my family.

    Many Many Thanks


  9. #9
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    Default Re: Default Notices and Court dates...Please Help

    (Enforcement, Default and Termination Notices) Regulations 1983, a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of 1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

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  10. #10
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    Default Re: Default Notices and Court dates...Please Help

    If I read that correctly......then according to (Enforcement, Default and Termination Notices) Regulations 1983, just according to the dates....the agreement is unenforceable??!!!

    I have attached copies of the DN's. Before I go and write to the court, can anybody here tell me whether my DN's are inaccurate in other areas? I read somewhere in here, that the DN's can only claim the amount of arrears and not the whole amount owed......like it appears to state on my Dn's.

    If this is the case, then my joint date in court to have the judgement set aside and to have the charging order applied, I will be able to state that I dispute the debt (which means they cannot apply the charging order) on the grounds that the agreement is an unlawful recission of contract etc., etc.,

    It means that I have hope and they cannot steamroller over me.

    I am an honest man and only wish to tell the truth as to my circumstances.

    Thank you so muc everyone for all your efforts.


  11. #11
    Royalties Account Holder cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert Highly authoritative cerberusalert's Avatar



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    Default Re: Default Notices and Court dates...Please Help

    If they demand the full amount rather than the arrears on a DN it invalidates the default notice and is seen as unlawful rescission.

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  12. #12
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    Default Re: Default Notices and Court dates...Please Help

    Hi there,


    Firstly, you will need to apply for a set aside of the CCJ.

    Have a read of the links below on how this is done -

    Setting Aside a CCJ -

    A Guide To Setting Aside CCJ's You Never Received

    CCJ removal inc. step by step guide

    Applying for a Set-aside

    Spamalot - CCJ and interest on debt. ***WON***

    Setting aside the original CCJ of your CCA

    I'd also advise that you send of a Subject access requesticon letter (no.11) to RBSicon using the template letter in the link below -

    The Consumer Forums - debt collectors

    Make sure you send this one by at least Recorded Delivery. This may produce the original agreement.

    I'd also look the links below on Charging Orders and how to oppose them -

    Have a look at the links below on Charging Orders and what grounds you may oppose them -

    Insolvency Helpline

    National Debtline
    http://www.consumeractiongroup.co.uk...rs-orders.html

    and this gem of a post ( Courtesy of FunkyFox ) -

    FunkyFox post



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  13. #13
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    Question

    Hi there

    I have spoken to a couple of solicitors today and cited the 'Enforcement, Default and Termination Notices' Information etc., and they didn't know about it.......... ! wanted to take in my Default Notices and let them survey them for faults. I believe that there is certainly one fault in that the dates are wrong. if there are any others I would ilke them confirmed. Can anybody here see whether there are further discrepancies, i.e. i think that the lender is trying to enforce the full amount and not the arrears?

    I just want a real basis to set this judgement aside and to get the loan into recission....and a 1000 damages would go a long way right now. If I can stop the charging order then great.

    Thanks again everyone for really great help and advice. I am not beaten yet!!

    Hello everyone

    Are the banks allowed to keep adding interest after they have issued the Default Notice? Also there is a discrepancy in the Outstanding Arrears from the Default Notice and a further Notice given 20 days later.......they are asking for twice the arrears. From the Default Notice above, the arrears are set at 1069.66. On this Deafult dated 20 days later, they are asking for 2226.90? Can they just add interest and double the arrears? i think there is a discrepancy. I just want a solid defense before I go in to set aside the CCJ.

    All help is appreciated!



    "14. Furthermore, the Arrears Total outlined cannot be accurate, as the Balance on the Account was at least partly comprised of Unlawful Charges plus additional Charges and interest added unlawfully whilst the Account was in Dispute. Therefore, the Arrears claimed cannot be accurate, as they are themselves calculated using a Total that was itself inaccurate.

    15. This is at all times an Agreement Regulated by the consumer crediticon Act 1974. There is no provision in the Act that allows a large financial institution to terminate an Agreement that is in alleged default or breach simply by giving notice to the Consumer. Section 98(6) makes that quite clear. The Creditor must follow the steps outlined in Section 87 and Section 88 if they are to lawfully Default and Terminate, and enjoy the benefits of Section 87."


    As far as I am aware, I have not received a Termination Notice for the agreement. However, the Interest added does seem to be incorrect as seen in the previous post. The Default Notice is invalid, however, I would ilke to see if there are any other issues with it so I can file a stronger defense.

    Any ideas anybody?

    Many Many Thanks

    Bump!!

    I am now writing my defence for court, can anybody help with my issue of the misleading arrears claims?

    Many Thanks

    Hello Ladies and Gents

    Just to let you know, I have sent a number of letters to the Solicitor Incasso (DCAicon) representing RBSicon to whom I was supposed to go to court on Monday 1st March, stating that they had no legal bearing in my case and that I can do them for harassment.......
    Bear in mind that today is Thurday 24th..... I received a letter today from a different Solicitor requesting 'a notice of change of solicitor' and asking both me and the court for a further 14 days so they can obtain a copy of the loan agreement. Obviously, the last letter frightened the pants off Incasso.......

    At this time, I am not sure what I should do? Should I agree and give the 'New' Solicitor 14 days so they can get a copy of the loan agreement, or can I use this obvious delaying tactic to my advantage in court and still go for the set-asideicon citing that the Default Notice is invalid due to dates etc.,

    As ever, all help and advice is greatly appreciated.
    This stuff really works eh?!


  14. #14
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    Default Re: Default Notices and Court dates...Please Help

    You can never have too much time.

    Are you applying for a Set Aside or opposing the CCJ ?



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  15. #15
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    Default Re: Default Notices and Court dates...Please Help

    Hi Supasnooper (Brilliant avatar name by the way)

    I have applied to the court to Set aside the judgement, which was initially applied due to my failure to go to court.......(ignorance and losing my job at the time I'm afraid). My initial grounds to set aside were rather poor, however, I am now going down the route of getting it set aside as I dispute the loan on the grounds of a Faulty DN and that RBSicon just blatantly keep avoiding my letters and requests for information. There is also the issue of some misleading Arrears, as seen in my posts above. If there are any other arguments in my favour of the Faulty Default Notices I would like them so I can give a 'Stronger' argument.

    As I understand it, if the CCJ is set aside, then the whole process goes back to the beginning.......though, since the court appearance was initiated by Incasso and the application for the charging order was made by them.......since they are no longer representing RBS......can this stand?

    Thanks again for all your help here.
    (p.s. donations on there way):grin::grin:


  16. #16
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    Default Re: Default Notices and Court dates...Please Help

    You'll need to strengthen your case for the Set Aside - was there a particular reason that caused you missing the Court hearing such as a Job interview, hospital appointment, etc...

    The defective DN may catch the Judges eye if he's clued up but you need to see if the original agreement is unenforceable as well...........the more points, the better.

    Have look at this thread for a better understanding of defective DN's -

    B_R_W's post on DN's

    Have you sent off the SARicon ?
    If not, get it off ASAP as they have up to 40 days to return the required info.



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  17. #17
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    Default Re: Default Notices and Court dates...Please Help

    Many Thanks for the prompt reply!!

    At the end of May I lost my contract in the Automotive Industry, and was working overtime trying to secure another job. The court proceedings were issued at the beginning of June............ That was a bit of a bad time for me. I sent a letter to RBSicon asking for information (I have a copy of that letter), on 190609 but they did not respond at all, and a Default CCJ was issued as I did not turn up for the hearing. I can prove I lost my job at the end of May, I have a letter from my former Engineering Manager.

    I take your points about the more information the better. I will look into the links you sent me. I am assuming I will have to turn up to court still even though the new solicitors have asked for it to be adjourned. Also, since it was Incasso that went for the charging order.........can they go ahead and still try for it...?...even though it was Incasso who initially applied for it and not RBS?

    Many Thanks for really great help and advice here.


  18. #18
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    Default Re: Default Notices and Court dates...Please Help

    Ring the court to check the adjournment, if they have applied and it's been granted then you won't need to turn up on the date that has been adjourned .............. and it gives you a little more time to get together what you need.

    Although you may have written to RBSicon asking for info.......RBS are not obliged to respond unless your letter was sent suitably headed as a legal request such as Civil Procedureicon Rules request (CPR) , Subject access requesticon (SAR) etc..



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  19. #19
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    Default Re: Default Notices and Court dates...Please Help

    Quote Originally Posted by diddydicky View Post
    also missing prescribed text!!
    Hello Diddydicky!

    Can you help point out what the missing prescribed text is please? That would help! I have a link I have found on CAGicon and am reading through it all.....heavy going

    I understand I need to know what it is about but if you can isolate what is missing I can study that and get it going.

    Many Many Thanks once again


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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