Very interesting, thank you all! I feel stronger now I have you lot and the National Debtline. I have to concentrate on the three priority debts now (Council Tax from a previous property, energy and a CCJ) so the others can go whistle at least for the time being.

Hi Mazzafi, just take a look here to check if your court is applying stays to claims http://www.consumeractiongroup.co.uk/forum/abbey-bank/107696-courts-carrying.html Some courts are and some are not, you may save some time by selecting a different court in your area if your court is applying stays, will save you some hassles a bit further down the line. After you file ( dont forget 3 copies of everything, 1 for court, 1 for Howards crew and 1 to be returned to you with case number etc.) the bank has 14 days to acknowlege, if they do not then you can apply for judgment, If they do acknowledge they then have 28

Oh Yes

no hopefully about it mate, its in your inbox waiting for ya Goodluck Dave, regards paul

Like to spread a little love wherever possible!

Fantastic advise, no matter how much the letters wind you up. I have come close to ringing to give them my opinions, but you must resist. Just don't do it.

Speaking to them on the phone does NOT constitute an acknowledgement of the debt. BUT.. you should NEVER have a conversation with them anyway, particularly in a situation like this where they are, er, can I say 'lying', mods? Get everything in writing. As Rory says, you must ask them to provide proof of the payment. EDIT: Also, once a debt has become Statute-barred, it CANNOT be 'revoked'. It remains statute barred.

Well they need to prove that you made a payment. Stating it in a letter to you and signing a statement of truth to that effect which would be legally binding in a court of law is a slightly different matter. Have you sent the statute barred letter? What type of account was it?

If they can't produce a valid CCA then they CANNOT take any legal (ie court) action against you to enforce the debt. They do not have to stop asking you for payment, but if you refuse, all they can do is send various threatening (but toothless) letters. The likelihood is that they will not have the CCA anyway. Trading Standards' opinion is of little value at the end of the day... it's the judge who makes that decision. EDIT: And set up a standing order for your payment; it's free and much less bother than a payment book! But NOT a Direct Debit, whatever you do! And, as always... NEVER NEVER NEVER NEVER speak to them

DCAS do not have a LEGAL RIGHT to visit you. They only have a right implied under Common Law. You can withdraw this right at any time. See curly bens letter above) Only certain people have a LEGAL RIGHT. Also according to OFT guidelines these people should make an appointment to see you. Again you do not have to make an appointment if you do not wish. If they do turn up uninvited or unnanounced you CAN order them from your property and if they refuse may use minimum force to remove them That said however I would suggest contacting your local police to report a breach of the peace (as trespass is a civil matter.) and ask them to remove the

I have sent you a PM, hope it helps.

Hi, yes get your spreadir ready for your costs, it is not good enough for Abbey to presume that they dont have to comply with court directions and just pitch up at court on the day and presume that they will be granted a stay without question, I recommend that you send the below letter, but I have to warn you that the liklihood is that they will get the stay anyway. Copy to shAbbey and a copy to the court

Hi All, well I have read through all the information and I have decided to not take any actuion with regards to the stay I have been given by the court, and await what happens in the OFT case. Thanks.

Don't be tempted to phone them, it may make you feel better but won't solve anything. If they're continuing to attempt collection while defaulting on a CCA request, report them to trading standards and the OFT consumer credit licencing department

Hiya friends Cr*p One have now sent a letter stating that I should "pay up or else" they will send the account to a DCA I say please get on with it. All the DCA will get is a copy of my CCA request letter from April which Cr*p One have not dealt with, a reminder that Cr*p One are not only in default but have committed a criminal offence, as well as being in breach of the DPA by continuing to process my data - oh and that TS are now on to them as well! More information to show to the Court if it gets there of Cr*p One's total disregard for the way consumer law works eh? I do think of all of them Cr*p One have to be

yeah it left me a little confused i must say, their view is that they can instigate a court claim and i have to prove my case hmmm i would lovve for them to engage me in a court room if thats their view i'd eat em for breakfast still this is what we are up against, im not going to worry about them any more for today, ive got a law exam at uni tomorrow so i am revising like mad. i just phoned them to take a break from the study and to cheer myself up:D still i will let you know if they do decide to take me to court regards paul

Not sure if its the right one but a quick look on ISO website gives: Horology -- Water-resistant watches ISO 2281:1990 was released in 1990 (ISO 6425:1996 for divers watches) Abstract: Specifies the designation, requirements, test methods and marking for such watches with or without an additional indication of an overpressure. Watertight means intended for ordinary daily use during exercises under water for a short period under conditions where water pressure and temperature vary. Does not apply to diver's watches (on this see ISO 6425). Im sure i've bought watches much more recent than this that said waterproof so it may well

My disabled mother also got a loan for several thousand pounds and she doesn't work. The reason given is that she has a good credit rating, has paid back all her other loans well, and as they say she will never be in a position where she loses her job and therefore income, as she doesn't have a job in the first place ! (Her income is her small pension) Why would anyone not want to pay just because they think they shouldn't have got a loan in the first place? That isn't a genuine reason at all!

You keep paying the judgment until it is paid. The fact that there was a judgment granted would fall off your credit file but you would still be subject to it.

Powelll took the words out of my mouth - you don't mention any financial problems, so why should they want to 'get out of paying the money'? This site is not about debt avoidance.

Without meaning to sound too blunt - they have borrowed the money and in my opinion should repay it. Unless there are illegal charges levied of course. From what you are saying they have applied for the credit and used it and now want to stop paying and blame the bank? If it's the case that they can't keep up the minimum payments due to hardship then fair enough - they could look at offering a reduced payment based on what they can afford after essentials are covered. At the end of the day creditors take a calculated risk when they lend to someone - it's their choice. This is why they will do credit ref checks etc. They decided to o

If they have been included in the DMP with PayPlan then they should not be contacing you - it's a clear breach of OFT debt collection guidance for them to refuse to deal with an appointed 3rd party ( in your case this would be PayPlan ). You may want to consider complaining about this to both your local trading standards and the OFT ( complaint for for OFT link below ). The whole point of a DMP is that it takes the stress of dealing with creditors off your hands! Don't let them bully you there's loads of help & support on here for you http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplain

This does appear to be the main hearing, However, there is a good prospect that the claim will be stayed, even if refused previously as your post 4. Have a look around the stay forum, in particular at the bundle. I know you are short on time but you should have a stay bundle of sorts prepared to hand over today (I presume one has not been issued previously). I hope you have issued your normal (bank charge) bundle in the event the matter is not stayed. Have read around here (it is particularly relevant if the matter proceeds): http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

Not in my case, as I never provide this information as a matter of course. The same goes for my DoB. Even my local library said they wanted it before I could use their Internet terminal! I demanded to see the Head Librarian and was told it was so they could generate a password for access. Asking why I couldn't give a random 6 digit number instead stumped her. Yet others gave out their info without question. Interestingly, Callcredit's e-mail was supposedly from 'Call Credit Anti-Fraud' as the SENDER, and used my first name as a salutation (which could not have been discerned from the email address itself). I've now responded asking for d

If they are still phoning & you want to get rid of them, get a sipgate phone number (free), set up the answer phone then tell the bank that you have a new number - repeat the message if you have to Then sit back and watch as all the calls are logged. Any messages are saved as mp3s. You can call the answering service number and change the recorded message

Does this mean my degree is finally relevant for something too? Wow. Think the basic principles of existentialism could cerainly be applied here.

Funnily, I've been thinking about this. I don't know of any text in ethics that specifically talks about DCAs But there's loads of stuff about the morality of coercion. Cor, does this mean that my day job is finally going to relevant for something?

This is a point that needs strengthening for anyone who is taking a case to court - or defending a case at court. The Judges in fairness cannot be all things to all people and be expected to have "knowledge" on every case matter. I would recommend anyone take along some form of skeleton argument or a list of short bullet points to help yourself along in the hearing. This will please any Judge as they will see you are researched and prepared to place your argument in a strategic manner etc.. Your points will include points you want to stress throughout the hearing and will give a focus to the areas you want to address primarily.

have you tried the UK social lending site zopa.com, this is where people ( not Banks) lend to each other . i think the rates are a little higher than you would get from say a high st lender but it is all, as i understand it unsecured. I just looked on there and the worst rate in gave as an example for "C" grade borrowers was 10% apr on a 5k loan i have no connection with the site, but social lending i think is the next big thing, cutting out banks

And even if they do put something in writing it will just be a computer-generated demand for money with no further details. It will be up to you to decide the next course of action - demand a cca, send the sb letter etc. One thing you should not do is pay the barstewards without seeing conclusive proof the debt is payable by you and that they have the right to collect.

Ali, you call that an excuse

Opps curly you beat me to it lol. Me and my slow fingers. Having to balance the laptop on my 9 month preg bump doesn't help either ali x

It is a badly worded order and quite ambiguous. It is normal procedure on making an application to request consent from the other party before making the application, if they agree to the application you then only pay the £35 fee. Its not at all clear when they refer to listed hearing whether that is the time which the original hearing was listed or whether there will be a new listing. Either way get your request and copy of application off to Barclays tommorrow. Phone the court to find out what is happening and complain of the tight deadlines. It might be worth checking on the appropriate fee. If you have already paid a fee for the hear

No I would go for the £35 option, your judge has already said there will be a hearing if you apply to have the stay lifted so save yourself £30 heres the template for stay appeals http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 pete

Icy, can you tell me when they all buggered off back to Asshursts office and any emails that might be of use as I feel another email attempt to Willem Basson coming on

Not got the SAR back yet but I have been having some fun chasing these guys on my credit file. I have challenged every search that I have not give my permission to have recorded, so far 4 have been removed. I have also challenged every closed account and demanded the account be removed until they have been supplied written proof from their "client" that they have my permission to do so. I have also had 2 accounts that were still receiveing monthly updates 4 years after they were closed. Plus I have demanded that the references to Cabot are removed as they have admitted in the defence for my litigation with them that they d