Thank you so much PriorityOne.

Thanks for the replies. They are chasing us for 2 debts with N/Wide. One is a loan and one is a credit card. Total balance approx £11,000. We went to the CCCS last Feb and have sent N/Wide and our other creditors the income/expenditure sheets (and also in the case of N/W, wage slips etc) We have been making reduced payments since and have never ever missed but N/W are constantly on the phone asking us to up the payments and have threatened court, charge on house etc. The payments have been made by direct debit and twice they have upped the payments by quite a lot without first telling us which had caused the direct debits to fail and incurred us charges. We have explained to them that they are being paid pro-rata with our other creditors but they just keep insisting that we pay more which is impossible. The Halifax have been reasonable and suspended interest but N/W just keep piling it on so even though we are paying a reduced payment every month the debt keeps rising. Now we have been passed to KPR Debt Collection but I dont know if this means they have 'bought' the debt or not. I dont have the facility to scan and post but both letters are on KPR headed paper and one begins with the words 'We recently advised you of our involvment in the recovery of your debt on behalf of N/Wide Building Society' The other starts - 'Nationwide Building Society has instructed us to collect your debt on their behalf' therefore I made the payments(which I sent by postal order so they would not have a signature on a cheque) both made out to KPR. As I said these have been returned with a letter saying they are unable to deal with our request as the payee is incorrect. Any advise please? Thanks

Thanks for that sillygirl. I was just panicking a bit because other half is a bit dubious about me doing this. He hasnt been on this site (cant even open the laptop!) and so only knows what Im telling him. Obviously because he hasnt read everyone elses experiences so isnt that confident about doing it.

Well I sent the letter off with the payment made out to KPR and today they have returned it saying that they cannot acccept the payment and it should be sent again made out to the Nationwide. Obviously I will send it again but is this just another stalling tactic. They are still repeatedly calling us but we are just saying "the debt is in dispute, please do not call" however it seems that now it is NOT in dispute as the letter etc has been returned.

This may seem like a silly question but I keep coming across the same problem. I live with my partner, we are not married and we each have our own debts from before we got together. We also have a joint mortgage. When we have been dealing with the creditors and they send forms to fill in they always ask for 'your partners income'. I find them a nightmare to fill in as they ask for our outgoings which are joint as in in mortgage, gas, electric etc but very often there dosnt seem to be anywhere that takes into consideration the other partners individual debts on the form. I have a problem ae moment whereby I have recieved a county court claim from an ex landlord of a business premises I had. Its only for 400 but I cant pay it all at once. I rang the court for advice on filling the form in as it says that if you are asking for time to pay you send the completed papers back to the claimant not to the court. This is awkward because for one thing I do not want this man to know all my private business and what I owe to whom. Also this form dosnt ask for my partners details but wants to know all my household outgoings. The thing is that under normal circumstances the outgoings are split 50/50 between us both but at the moment Im only earning a small amount whilst my partner is doing loads of overtime. This means he is covering the larger share of the bills, BUT, he also has his own debts which he is paying off weekly. So, can anyone advise how I should start to fill in the court form. If I put down that I pay 50% of the bills then my income will show that I dont earn enough, if I put that my partner is paying most of them then it will look as if I have more disposible income than I really have.

We are having problems with a company called K.P.R but I cant seem to find anythings on threads referring to them. Has anyone else had a problem with them? We are writing off for the credit agreement. One question - Do we make the £1 payment out to KPR or to the original lender? Thank you

Can someone please clarify if I need to send out all the prelim letters again or do I just file at court. Will it matter if the previous letters are months ago.

I started my claim in February and they took it all the way to the point where I needed to file at court. Due to my circumstances I did not have the funds to file the claim and was not eligible to do it for free. Since then I have done nothing, firstly because I couldnt afford to see it through and secondly because I read that they were withholding things because of the test case. Now Im able to afford to file at court but can I just carry on from where I left off or do I have to go through all the motions again re sending the letters out. If I can carry on then is it advisable to wait for the test case first?

Thats my thought behind it 42man. Thanks for the fast reply.

I am in the process of sending for credit agreements for myself and my partner. I have read on here how its advisable not to sign the letter in case they use it to produce a signed agreement. However we have in the past written to the companies involved and so they probably have already got copies of our signatures. I had the thought of signing the letters but instead of my partner signing his own I would sign in his name so obviously it would look like he had signed it if they do plan to use it 'naughtily' but the signature would be in fact mine and nothing like his. Also we were going to do the same thing with my letters. Is there any reason we cant do this or is it a worthwhile idea?.

Thank you for the reply pt2537. However thats whats confusing me because I noticed on another thread you posted this :- the agreement can have the signature omitted they are correct there but it must contain the details of the debtor and creditor __________________ But then on this thread you say:-just to add if your signature is not in the document its not enforcable eiter Could you just clarify for me please, thanks.

Im still confused about the process of sending a CCA request to prove an agreement is enforcable. What would have to be missing for it to be deemed unenforcable in court?

I have a friend who has had to give up her business before her 1 month lease ran out Sorry, that should read 12 month lease.

I have a friend who has had to give up her business before her 1 month lease ran out. She told the landlord she was not taking enough money to cover the rent on her retail unit which was only £99 a month and gave him notice. However he is holding her to the last 4 months rent which she cant afford as she is now on benefits. She had also found someone else to take over the lease but because they wanted to sell similar items to a stall hol;der already in the building he would not allow her to take over the lease. Last month he sent her a court summons for the months rent which she borrowed and paid before the court date. This month he has sent the same again but this time she cant borrow the cash and so will have to make an offer. There is a court cost of 30 pounds added to the monthly sum. The court forms have to be filled in and then sent back to the landlord with an offer of payment. If its not acceptable to him then he says he will persue the court action. Will there be lots of court fees added if this is the case. How much will it cost him to actually bring the case to court? She has 3 more months still to pay and he says he will summons her every month. Can anyone advise please. Thanks

Hi Powell. ?????????????? No I am not in Scotland!!!

I have also had a letter from Moorcroft today stating that I must ring them by 10am last Friday!!!!! They are chasing me with a debt that hasd been passed to them by Virgin Media. The thing is that I had been arguing about the amount Virgin were claiming. (long story but I had disputed a bill and had a partial refund offer by phone but that was disputed when I later asked for it in writing. I later cancelled my subscription but they denied recieving notification and kept sending me bills) Is there any point in me CCA- ing Moorcroft with this because there would not really be an agreement would there. Do I just give in and pay up?

Further to this story the case went to court and he had to pay the money back as expected but he made them an offer of weekly payments which were accepted. However the final sting in the tail ------ He got a letter from the court at the end of August telling him that the payments started on a date in mid October. He has since started a part time job which causes him to be away half the week. Whilst he was away he realised that the payment date was close but he did not have the paperwork with him and could not remember the actual date it had to be paid or the details to pay it to so was worried that he may miss the date. He called me at 11 pm and told me that he was panicking in case he missed the payment date. (His own fault for forgetting about it!) Anyway the following morning I rang the company concerned after finding one of thier old letters and explained the situation. The lady I spoke to obviously could not discuss the matter with me or give me the details to go and make the payment but said she would put a note on the account and I told her that may son would son would be home the following evening and would make the payment first thing the following morning which he did. 2 days later we got a call from a bailiff who left us a letter from the High Sherrif saying he would be coming back in 48/72 hours to collect. My son explained the situation and showed his payment reciept, BUT - they have now added just over 1,300 pound to the debt. I know its his own fault but the have more than doubled the debt. I just dont know how they can be allowed to do what mounts to legalised robbery!

Is it simple to register self employed when working for yourself. I believe you have up to 12 weeks in which to do this. Is there a benefit to doing it straight away or is it wise to wait the twelve weeks?

Thank you, that was quick!!

Does it make any difference if it is a credit card account or a loan. Is it still the same letter?

Thank you for that advice. Will start writing now!

Hi Peter, Thanks for the reply. I understand about asking for the agreements but Im wondering if there is any point in doing so as I have only got into debt in the last 3 or four years. Is it going to be worth my while writing, the agreements are not over 6 years old so is it not too much of a long shot to think they wont be able to find them?

I am about to write off to obtain copies of the original credit agreements for our debts but am a bit confused about the 6 year period. I read on another thread that the copies ae generally held for 6 years. As ours are only three or four years old is it still worth writing or is it the case that its only usually the older agreements that cant be traced?

Besides, a charging order (CO) on someones property is the result of legal proceedings, ie a CCJ is obtained and then enforced with a CO (usually after the debtor has defaulted on the CCJ) and to even get to step one in this process, the debt would have to be in the name of the property owner From reading this am I correct to assume that a creditor CANT get a charging order on your house without first obtainig a CCJ, AND, you then defaulting on it.

Thank you all for the replies. I am going to CCA them. Just out of interest though, IF, it did go to court and they want to secure the loan against the house, can they include my share of the equity as the debt is in my partners name. I plan to use my share of the equity to pay off my creditors which I want be able to do if they secure the whole loan against the house.