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Go and see a solicitor ASAP to get the eviction stopped. With that much equity it is mad that it has gotten to this stage. Tell the solicitor you never got info about the hearing. For something this serious and such a short deadline I would suggest getting good legal advice from a solicitor and having them deal with it as imperative to stop the process. At the very least go to the court in person and tell them you didn't get the documents from the court and they should give you something to complete to try and stop it.

No forget defamation stuff. You might have a valid claim for such but libel laws will end up with you broke, even if you are in the right. Send them a letter, be civil, telling them they must update their records as per the Data Protection Act 1998. Demand they remove the default. Mark this letter with the subject "LETTER BEFORE ACTION" You must give them a time limit. I'd give them 28 days to correct it, I think they have a statutory time limit under the DPA of 26 days or so to correct it. Send it recorded at least, I always use Special Delivery and get a signature, that costs £4.10. The choice is yours. Their records must be accurate and up to date as per the Act and you are allowed to sue for damages if they aren't. If after 28 days you still have no reply from them and the default remains the time to sue has come. Make sure you file with the Information Commissioner and request they make an Assessment as to their Data Processing. This is worth it's weight in gold if it goes to a court hearing and you have an opinion from them that they didn't comply with the Act. Also tell the Office of Fair Trading and send a Witness Statement to your local Trading Standards Office. Make sure you sue for damages and use "UP TO" amounts and let the court decide, don't sue for a fixed amount. You can't use moneyclaim.gov.uk for non-fixed amounts. Also, don't specify in your claim that you want an order for them to comply with the DPA as this might up your issue fee by £150! Just claim for damages because of what they have done. i.e. all the admin costs, phone calls, loss of earnings filing claim, sending letters etc. If that doesn't get them to correct it then you can move on to the next stage to get an order for them to correct it. You can also ask the judge nicely to order it at the damages hearing. You need to quantify your losses for any claim you make and prove such enough to satisfy the judge. So don't ask for thousands unless you can prove their actions caused you to pay higher APRs, loss of income due to loss of sleep etc.

They are also obliged to supply a statement with your £1 request, your letter should state this and it is part of your rights under the act. If you are using a copy of a letter from here it should say in it:- "You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Someone in a similiar situation got their debts written off. Check out this thread if you want some encouragement! http://www.consumeractiongroup.co.uk/forum/general-debt/30162-debt-too-old-original.html

I think it is a disgrace for them to go for charging orders like this, especially when many of you are paying. The original company is letting 1st Credit Ltd do their dirty work so their own reputation doesn't come into question. I will be writing to the directors of various banks about this so if anyone comments please feel free to leave the original creditors details, I will be refering them to this thread. Just to clarify, are they applying for a charging order after obtaining a judgment? I always thought you had to have a judgment first and you couldn't just immediately go for a charging order. They charge 20% APR+, advertise it as "unsecured" then sell it on to the dogs to secure it!

Looks good to me! Hope you get done what you want.

The agreements do say they have the right to sell it usually, although I haven't read one recently. As per the HRA I never said anything about using this against a DCA, only the OFT. So is the OFT exempt from the HRA? I read somewhere else someone was considering suing the OFT for "gross negligence" in allowing unlawful penalty charges to go on for 20 years.

Don't they automatically cancel the insurance once an account defaults? Should they not be obliged to refund any premium remaining? Refusing to do so on a cancelled policy would fall under the Unfair Terms in Contracts regulations surely? Discuss!

You could always try asking them for a copy of the agreement and send your £1 off. If they can't come up with an agreement then I doubt they could ever enforce it. I think you would be in a good position to negotiate a low settlement then! Especially as they are in criminal default if they don't come up with the agreement in a set time, aprox 30 days I think. Check some other threads out and you'll get the idea!

I was thinking that the OFT might be liable as per the Human Rights Act to take action against such companies. I tried a Freedom of Information request on the OFT as to the complaint levels against 1st Credit Ltd but they refused to comply with it. I never asked them for the % of complaints upheld etc, or how they acted in respect of any complaints, just the actual number received. I don't see on what grounds they can reject this request.

It is listed here under Fee No 2.1 Guide to Civil Proceedings Fees - From 6 April 2006 They made me pay the extra £100 when I sued my landlord for just over £1500 and filed the allocation questionnaire.

Well it's up to you for what amount you feel you can justify. You pay for starting a claim on a sliding scale depending on what amount you are claiming. If you go over £1500 you have to pay the court another £100 when you file the allocation questionnaire a few weeks later, for the claim to continue. I do it manual and use "up to" because if you claim for harassment or anything to do with damages you really need to let the court decide on the award and not try and quantify it unless you can specifically in a fixed amount claim (like using moneyclaim). For example you can't just say "I couldn't sleep for 2 nights, I want £200" you'd need to say "I couldn't work due to lack of sleep which caused me loss of income of £200, proof provided." I never go for fixed amounts anymore using moneyclaim. I have learned from defences filed of suing 5 DCAs.

With all the recent suicides from people regarding debt, how about re-introducing the death penalty for persons, agents, employees and officers of corporations as punishment of any of their actions being contrary to the Consumer Credit Act 1974 and Data Protection Act 1998. We can complain about them to the OFT, Trading Standards (have them fined), Information Commissioner, Banking Ombudsman, FSA, sue them in the County Court, all to the end of the earth but the people in charge have endless supplies of fiat money created from thin air that any of the above actions has no effect on them. Say yes or no with regards to your support of this and I will draft a white paper.

My Lowell thread is here:- http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59003-i-sued-lowell.html You private message by being logged in and clicking "Quick Links" and then "Private Messages". Yes, I found it difficult to use myself. I am getting really tired of these companies myself. I am going to write my own White Paper and send to MPs, for a new law to:- 1) Re-institute the Death Penalty for persons, agents, employees and officers of corporations as punishment of any of their actions being contrary to the CCA 1974 and DPA 1998. If their actions can lead to people committing suicide I feel this is only fair. We can complain about them to the OFT, Trading Standards (have them fined), Information Commissioner, Banking Ombudsman, FSA, sue them in the County Court, all to the end of the earth but the people in charge have endless supplies of fiat money created from thin air that any of this doesn't effect them. I feel such a new law of hanging them till they be dead is the only way to go. I bet the majority of people here and in society in general would support this too.

My Lowell thread is here:- http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59003-i-sued-lowell.html If you sue them don't go for a fixed amount, sue for damages as per the Data Protection Act 1998 and/or Protection from Harassment Act 1997. You have to do this manually and put "UP TO £1000" etc on the N1 form and cannot use the moneyclaim site, which works for fixed amounts only. Damages need to be determined by the court. Don't sue them to force them to "comply" with the Act as this would cost £100, sue them for your loss of earnings (dealing with it) and damages because they have not complied. Once you get that money you can force them to comply in another claim if they didn't do so already! And claim more costs. The Information Commissioner provides advice in a leaflet here:- http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

I absolutely despise 1st Credit Ltd with every cell in my body. These scumbags served my 67 year old mother with a Statutory Demand under the Insolvency Act using a process server infront of her neighbours with regards to an alleged debt from the year 2000, just a few months ago. She collapsed afterwards, she had just had a hip replacement. Being threatened with bankruptcy at aged 67 for an alleged debt you can't recall is an abomination. They knew they'd get thrown out of the County Court for it being Statute Barred so they sought this method. It was written off in the end after threats to go to the media. The alleged debt was actually Statute Barred as per the Limitations Act 1980 as far as I was concerned, also as per the OFTs Guidelines. The company used TERROR tactics to try and force an old lady to pay. I am constantly sending complaints to Andy Lowther at the OFT, full witness statements infact about this company. This company is the worst I have dealt with out of 10 DCAs and the most vidictive and vile. If anyone has any evidence of them placing false information on their credit files or other problems such as, for example:- a) False default dates. b) Listing debts as "Hire Purchase". c) Any of their collection tactics. Please contact me by private message as you can help do good and I will keep the OFT informed. Also it will help in my current litigation against these vermin. I might setup a website devoted to problems people are having with this company shortly.

I absolutely despise 1st Credit Ltd with every cell in my body. These scumbags served my 67 year old mother with a Statutory Demand under the Insolvency Act using a process server infront of her neighbours with regards to an alleged debt from the year 2000, just a few months ago. She collapsed afterwards, she had just had a hip replacement. Being threatened with bankruptcy at aged 67 for an alleged debt you can't recall is an abomination. They knew they'd get thrown out of the County Court for it being Statute Barred so they sought this method. It was written off in the end after threats to go to the media. The alleged debt was actually Statute Barred as per the Limitations Act 1980 as far as I was concerned, also as per the OFTs Guidelines. The company used TERROR tactices to try and force an old lady to pay. I am constantly sending complaints to Andy Lowther at the OFT, full witness statements infact about this company. This company is the worst I have dealt with out of 10 DCAs and the most vidictive and vile. If anyone has any evidence of them placing false information on their credit files, such as, for example:- a) False default dates b) Listing debts as "Hire Purchase" Please contact me by private message as you can help do good and I will keep the OFT informed. Also it will help in my current litigation against these vermin.

You can search on the web here Register of Data Controllers - find out what personal data is being processed

Can you pick and chose which info you don't want used for "automated decisions" I wonder. Like just the nasty stuff! hehe

I think most only sue if you are a homeowner. They have a good chance of some bounty then. (i.e. charging order) Has anyone been sued who isn't a homeowner?

You can download a form to complain to the Information Commissioner here or even complain completing one online. The ICO are ok to deal with, a little slow but that is to be expected from any government agency.... If you post a complaint form send it recorded! Data Protection Complaints – Information Commissioner’s Office (ICO)

They list nearly all their debts as "hire". I am in communication with Experian and the Information Commissioner about this right now. (and probably soon the courts). They have also used false default dates a hell of a lot of the time, so don't take the date they show as being correct for a New York minute. The debt might very well be statute barred and they have used a false default date to keep the "zombie debt" showing on your file and get you to contact them. This is unlawful as per the Data Protection Act 1998. Make the Office of Fair Trading and Information Commissioner aware of this if it turns out to be true.

It's under £750 so I don't think bankruptcy is an option and I wouldn't go down that line anyway. I am considering a Third Party Debt Order, all their letters show their bankers as Barclays but that would mean another court hearing. They have some time to pay the extra costs so I will wait and see. The court have imposed some sanctions on any future appeals by them and they are barred from doing so unless they pay me my costs for attending the last appeal first. Of course I sent every bit of evidence to the OFT maybe one day the OFT will click their heels together and return back from the land of OZ and do what they are supposed to do. Has anyone thought about suing the OFT under the Human Rights Act to get them to act against some of these companies? Maybe next time I have to sue one of these companies I will join the OFT to the proceedings as per the HRA at least it will get them fully aware of it. I have seen every act in the book by DCAs, it's a shame consumers can't get their act together and report to the OFT every breach. Probably 1 person in 1000 reports it to the OFT, as the OFT doesn't do anything (how many have had their licence revoked?) why bother anyway?

I sued Lowell last year and got judgment in September. (Both against Lowell Financial Ltd & Lowell Portfolio I Ltd) They applied to get that set aside but I got that struck out. The bailiff returned the warrant saying that their address at "Enterprise House, 1 Apex View, Leeds LS11 9BH" was just a registered office and they had no saleable goods there. I was surprised as their website at www.lowellgroup.co.uk says, "Lowell Financial Limited is the servicing arm of the Group, whose headquarters is based in the financial sector of Leeds with a 400 seat call centre and state-of-the-art business support and technology facilities." You'd think they'd find something worth seizing amongst the 400 lcd screens and chairs and stuff! Does anyone know the addresses of other places they operate at in Leeds? So Mr Bailiff can pay them a visit. I contacted Royal Mail as to their PO Box 172, Leeds LS11 9WS but that just leeds back to their registered office address as above.