Soon to be entering an IVA for unsecured debt. As a result of ongoing divorce, I MAY at some point have to sell my house. As a result of negative equity, there may well be a shortfall in terms of settlement of a secured loan. Once the house is sold, it is my understanding this shortfall will become unsecured. My question is would it be possible to amend IVA to include this amount? It is possible selling the house may also free up some further income to contribute to IVA.

I was harassed by Virgin Money/MBNA last yr over credit card debt - got them to stop eventually with letters and the most obvious thing which was deleting my tele number from their account online! Try complaining to FoS I won a small amount for tele harassment through them (though not against MBNA). MBNA got bored very quickly and sold my account on - quite possibly as I have since discovered no CCA and their default notice was toally invalid. Been asking the DCA who bought the debt for a valid CCA for almost a year.....nothing. Just ignore their letters.

In the claimants allocation questionairre - they asked for my defence to be struck out under CPR rules. The court appears to have ignored this and issued directions (dates for exchnage of lists etc etc). It appears my defence was accepted - no mention of summary judgement. The claimant has merely submitted a N244 with the same thing on it - except this time attached a WS, an illegible copy of a CCA (poor copy - small and blurred), a statement of account and a load of screen prints supposedly showing dates of default notice (in reality nothing more than a jumble of dates and codes). At work at the moment, but will happily attach other docs if needed. Thank you VERY much for the attention you are giving this.

Thank you very much for your help. So far I have only had papers sent by the claimants solicitor - nothing from the court yet. Their bundle included: - witness statement - very poor copy of a CCA (completely unintelligible) - stement of account - a lot of screen prints (which mean nothing to me!) They made the same request on their allocation questionairre, though the court issued directions on 25 May.

I have recieved a N244 application notice from a creditors solicitor looking to dismiss my defence on the grounds it has no reasonable chance of suceeding. I want the defence to stand. The court has already issued directions with a provsional trial date. They are quoting CPR 3.4 2 a and B and CPR 24.2 a and b Any advice on how to respond would be welcome!

With greatest respect to you - you have no idea of my personal circumstances. I am perfectly aware of full and final settlements - and trust me if I had the money I would!! However, if there are loop holes then they are there to be exploited!! I agree it is about consumer rights - thanks for your advice and understand it is probably given with the best intentions. However, many of the posts on here are about 'loopholes' and consumers have every right to exploit them if they are there - I for one certainly have no morals about it as they DCAs certianly don't!!

Thank you for the "helpful" advice - whether the debt is mine is not the issue. Do you work for a DCA by any chance? lol

Hi Guys Hillsden Securities are claiming to have bought a credit card debt from Virgin Money (MBNA). In October last year I made a CCA request...to date nothing! In Feb of this year I asked for a copy of the Deed of Assisgnment (Absolute). What they sent me is a generic agreement between MBNA and them - absolutlely no reference in it to any individual account - the claimed to send anything else would be commercially sensitive - i.e. the bought the account for peanuts. As no CCA - I have ignored all the letters - though recently they offered me a 50% settlement figure. Is this a last act of desperation on their behalf? - I am reckoning no CCA exists. They are reporting to my credit file. CreditExpert will do nothing (they say they reley on info from their client which they are assured is correct). I am going to write to Hillsden - follwing that would it be a complint to info commissioner?

Thanks everyone - very helpful. I am building up a picture of my defence. T of E was signed back in May 09. Quite simply the cost of removing his name from mortgage was 500 T of E was 150!! Done properly through a solicitor. I can prove I have been paying the mortgage since Jan 09.

Was shocked to receive an interim charging order on my house this morning!! Breifly my ex has not lived at the property since Jan 09. Although his name remains on the mortgage they have signed a transfer of equity. This charging order is in their name and relates to an unpaid CCJ issued against them last year. Just a quick question, can the company issue a charging order when a transfer of equity has been signed?

Just moved me from Incasso to Cobbetts (RBS Account) got the same load of tosh...withdraw your defence, no chance etc etc. To date they are attempting to claim £1000+ in costs (they have sent me two letters max - and they were standard letters with just my address and an amount added). Their estimated costs (wait for it)...........£5000!! I laughed long and hard. These clowns do not act on behalf of their "clients" - they are looking to make a quick buck from vulnerable people. I laughed even more when I read on the net they were close to administration earlier this year.

I wondered if anyone could help a damsel in distress. Hillsden Securities claim to have bought a credit card debt from Virgin Money (the debt is under 6 years old). However, since first asking in October 2009, they have not provided a copy of any CCA. I also asked them in Feb of this year for a copy of the Deed of Assisgnment again nothing. Despite this Hillsden are reporting a default to my credit file. Credit Expert been next to useless, passed the buck said they have complied with DP legislation etc etc. Any advice?

Yes, saw that but fairly grim reading - seems give all the power to the creditors with reconstituted agreements the order of the day!

I don't know if this is of any interest: http://www.oft.gov.uk/shared_oft/consultations/OFT1175con.pdf found on another thread. Not read it in detail - but appears to give all the power to the creditors??

Interested to know how you get on - being taken to court by Incasso (Tesco) for 27k - received one letter (no accompanying docs or even account number) and then county court papers. Tesco did send me a copy of CCA - wasn't that easy to read and I am almost sure the sig on it - IS NOT - mine. I do have a copy of the CCA but it is unsigned.