Only send it if you intend following it though (as I think you should). If you have to go to court it will cost you around £30 (which you will get back if you win) so I reckon its worth a shot. Here is the link in case you need it; https://www.moneyclaim.gov.uk/csmco2/index.jsp Good luck and don't forget to click my scales!

i haven't dealt with this stuff for awhile but i'll give it a shot. if you are saying that you sent this company all the paperwork without keeping copies then i'm afraid you are short of options. if they are saying, as you said, that they weren't in it for a court fight, just reclaiming, then hopefully you can offer them a way out - by returning all of your paperwork. then you'd have to get busy and get the allocation quest. done and submitted (along with the fee which you add to the amount you are reclaiming) by the date requested. if you don't have the statements and a worksheet with the amount claimed totals you may have to start from

its affecting you in otherways too...it tuesday! dx

First you need to understand a couple of rather obvious points, You want to minimise your outlay whilst they want to maximise their return, make your initial offer at around 15% to 20%, at the most 30% it may be more than they actually paid for the debt and result in a quick win When you make an offer they will automatically assume that you are entering into negotiations and will assume that your offer is an opening gambit rather than a one off offer, you need to make it clear that this is a one off offer because your mum/dad/sister/brother is only prepared to loan you the exact amount you are offering. If they point blank re

Kindest Regards AndyO

Kimberley, You will get the usual reply from HC within days "we will not provide anything etc". File your AOS on line, wait for the letter and send it in with your defence - it will all help. BTW if you find a DN from Santander you will find it is invalid as it does give a specific date to bring the account up to date only "21 days". We have the same agreement and HC have took us to court. Up to the filed AQ stage and waiting for HC to file theirs, they should have filed it on 7th October and still bloody waiting. HH

This was how ESA was originally supposed to work: the WCA (Work Capability Assessment) had two parts, the medical exam and the WFHRA (Work Focused Health Related Assessment). The idea was that both would be performed at the same time. However, the shear volume of claims has led to situations where, in some areas, the WFHRAs have been done at different times and in others (like the two I have worked in, Central Scotland and London) they have been suspended altogether. It sounds like, in your area, they either never suspended WFHRAs at all, or have restarted them. You will be denied benefit if you don't attend this. It's not a medi

Haha... well I thought that the DCA could not put defaults on credit files? I've been told they can only take over defaults recorded by the original creditor? If the default was classed as settled by HFC... how can they have had authority to record a new default?

Yup been assigned as thought.Dont worry leave alone and take up golf. Andy

Thank you! MCOL will be done forthwith then plan actioned - now why isn't there a smile for an evil laugh

Correct if not already,you could just submit a short holding defence vis a vis MCOL anytime now, and then put your plan into force. Andy:D

Did I say I wanted you to stop helping??? You are not being civil. Have a little understanding that not everyone is as organised and switched on as you are. You say you have been put through hassle? Who forced this upon you?? I thought you were here voluntarily? The OP may be accepting of your "frustration" (I would call it down right rudeness) but not everyone reading this will be and any newbies that read your posts could easily be put off asking for help for fear of a public dressing down. PM me your "frustrated" posts if you like and then you can stick to the job at hand on the threads.

Can I ask if you go around reading many threads, as it seems as though you've 'read through' at least two people's in the space of 10 minutes today? I may be way off base here but it would seem that you have simply typed in 'carcraft' and pasted the same sentence to the threads in the hope of getting a call, much as your colleage (giving the benefit of the doubt that it's not you using another name) has done in the past. Apologies if I'm wrong here, but you can see how it looks rather strange when neither of you have offered any actual help save for giving a phone number to call.

Thank you for your understanding. I was simply putting forward a point of view. Actually, if you follow most people on here, it starts off like this......" I am in massive debt....I don't know what to do........I spoke to my bank and they did not help, they were abusive......it's now with a DCA....." I was there, I am sure many have been there, that's why we came here. For help, guidance, assistance, legal directive, moral support. In some cases, to come to terms with feeling depressed, worthless, suicidal (yes banks and DCAs, you cause this to some people, just read the threads here). Eventually, debt is cured. It may be t

It might be worth seeing if any of your other creditors are willing to object to the Charging Order being made final especially if there are any who are owed significantly more than the original creditor. Alternatively you may well find that you have grounds to object to the charging order being made final. Any arguments that you wish to raise need to be filed with the court and the creditor at least 7 days prior to the Final Charging Order Hearing (CPR 73.8. If there are divorce proceedings pending, the Charging Order hearing will be adjourned pending the outcome of the ancillary proceedings. If you would like to enter into an IVA, the In

Lets see how Holier than thou you get when one of your family are killed by idiotic drivers who dont think that the rules apply to them!

Im with spitfire on this, perfect statement I think. I wouldnt pay Lowels even if they pointed a shotgun at me, plus they would be pointing it the wrong way round anyway.

Hi upferret I would say you've got everything you need to carry this to court . 1. The form they've sent you is not a true document 2. If they've said that's all the info they've got , then they haven't got a CCA which will stand up in court . 3. If they somehow produce one in court , the judge is going to take a dim view of them not compling by sending you a true copy . 4. Their paperwork is wrong if they've (typically stupidly ) put an address on the 'so called ' agreement which wasn't the one at the time the agreement was supposedly drawn up ..... I would say let them do their worst .... but make sure you lis

The regs can be found here I think: http://www.consumeractiongroup.co.uk/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-should these might also be helpful: Consumer Credit: Default Notices http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html Have you asked the claimant to provide a copy of the DN served at the time of default of the account using cpr 31.14? (if they have referred to the DN in their statment of case? What sort of Application are you going for with the N244? When I mentioned cancelllation rights and Distance Marketing regs I was r

You will need to do your own witness statement in answer to each of the points they have made !!

Absolutely, you'll need to edit the big block of text 42man supplied in #128 to just the relevant points that a) You were NOT served a default notice under s87(1) of the CCA1974 and therefore the contract has been terminated unlawfully. That'll be the section that goes in your witness statement to attach to the application. Some of the answers: You want this dealt with at a hearing, allow 20mins and level of judge is district judge. S.

Just to further define my comment above re the FOS - im not after trying to get just a current and future reduction in interest though that would be better than nothing. My argument is that I am looking for a retrospective refund of the difference between what the BASE rate plus average margin was when signing up and the rate it should have declined to. So for every £1000 if the margin was 9.41 above base as it is was in my Mint agreement in '99 when signing up the rate per £1k per annum would be around £100, at todays BASE of 0.5 % plus margin. Thus over 6 years when rates have started to fall dramatically i'm looking at somewhere be

Personally I would tell them to Feck Off. They should have had their case sorted before issuing the SD. Only the Court can order you not to attend. Do not trust Crapquest.

Its strange how they are so considerate and polite when they realise that they dont have the paperwork for the account, dont know if it is stat barred and hence they have erred and a complaint can be made against them to the oft. They dont want a) to be ticked off in court or b) to have to pay your costs, they gambled and you called their bluff. It must be a personal choice on discontinuing but if you do then ensure you send a copy into the court with a copy of their letter. S.

Hopefully one of the Site Team will answer your question. However I will suggest that if you decide to accept their offer DO NOT rely on them to forward your acceptance to the court. Always ensure that you do this separately as DCAs have been known to hold on to your acceptance and not forward it on to the court!!!!

You need to stick to the order and ensure that you file/serve as required the witness statement by the due date. With regard the application hearing you will need to file and serve the defence and a skeleton as well at least 7 days before, but the sooner the better. Specific points to raise, would be: NO Notice of Assignment received so want proof it was sent as per s196 LPA 1925. You require a copy of the actual Deed of Assignment NO Default Notice received so want copy of that and proof of postage. (Is the DN ok? or have you never had one?) Want sight of the 'original' agreement and not just a 'copy'. Full set of state