They can't force you to pay what you cannot afford nor can they demand that you either dispose of property or limit what does not appear to be an extravant life style. Their demands breach the OFT guidelines on debt recovery. As for the statutory demand. They can apply for one but it will cost them a few hundered quid & you will have the opportunity to dispute their action. No court will order you to pay what you can't afford nor will the court force the sale of your home particularly if you have kids. Have they 'purchased' the debt or are they acting for the original creditor. If they have 'purchased' the debt then I should immeadietly dispute it by sending a CCA sec.77-79 letter (in templates) I should now dispute this debt on the basis that you do not acknowledge any liability to them & as they have added charges I suspect they have purchased the debt & if not under what agreement are they adding charges I would report them to both the OFT & Trading Standards because their threats come very close to demanding money with menaces &/or fraud in that they are claiming legal entitelment that they do not have to cause you a loss of property. (Property includes money). Almost forgot watch out anyone can print an SD of the internet so unless it comes with a High Court seal/stamp then it's meaningless It's an old trick to panic debtors into meeting unreasonable demands Also you could make a Time Order Application (see section 129 of the Consumer Credit Act). If I was the creditor I would consider a Statutory Demand to be a waste of time & money. An attempt to use a sledge hammer to crack a nut as they say.

I should wait a couple of days & let the dust settle on the Lloyds win. They will be cock a hoop & will probably decline any attempt to settle as they will think your approach is more to do with you panicking over the Lloyds win than the imminent court date. Wait a bit longer until this judgement being has dissected by the community. I doubt very much it will take any time at all

Couldn't agree more pete. Any bank relying on the Lloyds judgement will in my view & having read the judgement in full, be taking a very big risk

I'm not able at this point to detail my thinking on this having not yet digested it but after a cusory glance I can say that I think the banks would be very foolish to rely on this judgement as a means of defeating claims

Excellent

True we now have a DJ who disagrees with the High Court & all case law. It'll probably be appealed. It should be ignored because as it's a County Court it sets no precedent for others to follow. Perhaps the DJ is a bank shareholder?

This true crime drama just keeps getting better & better, can't put it down

Correct Gizmo. As for being tripe it shows the poster who made that comment lacks knowledge. The police can make a demand that you move on or cease what your doing even if it's normaly lawful behaviour & if you refuse they can arrest you for a public order offence. In fact all offences are now arrestable offences. To refuse the instructions of a police officer is an arrestable offence although they will have to justify it when they get you to the nick. "I instructed this person to move on or cease what they were doing & they refused so I arrested them gov"

Surley their delay has added further interest has it not! If you decide not to claim additional interest I would certainly apply in writing to the court for wasted costs on the grounds that their behaviour has been unreasonable & an abuse of process

Well said Laiste Whilst it may no longer be required here may I suggest the following SAR which is specific to solicitors. Please note: The red highlighted para should be returned to black. Date: YOUR REF: OUR REF: Special Delivery SAR (Subject Access Request) DPA (Data Protection Act) 1998 Their Name & Address Your Name & Address Dear Madam or Sir: RE: YOUR CLIENT As per the DPA 1998 (Date Protection Act) and whilst this list is not exhaustive I require that you supply me with any and all data in your possession which, in anyway appertains to me including true copies of any properly executed signed agreements, statements of account all internal and external correspondence, memo’s, telephone attendance notes, internal and external emails If your client is not the original creditor please also supply a true copy of their letter of assignment or if acting on behalf of another a true copy of their predated authority to bring this action. If you for any reason decide to withhold any data pleas advise me of your decisions at the earliest opportunity together details of the material being withheld and your reasons in order that I might give such you response due consideration. I enclose the statutory fee of £10 by way of a postal order and remind you that you have 40 days in which to comply. May I confirm, as the ICO has stated, that the 40 day time limit is not to be guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in complying with a SAR. Also please note that for the avoidance of doubt and to expedite matters if you claim exemptions from the Data Protection Act under part IV section 35 I would respectfully remind you of the following: Data Protection Act part IV section 35 (2) states "personal data is exempt from the non-disclosure provisions" In addition Part II section 7 (legal guidance notes) "There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing" I await your responses Yours faithfully CC To the Court (if proceedings issued) and all other parties

If he is who he claims to be then he really shouldn't be making threats of litigation on a public forum & any lawyer should know that. Such threats and comments may themselves be deflamatory. Also it may be alledged that such conduct brings the profession into disrepute My advice to the MOD's is that such alledged conduct on a public forum by a law professional should be reported to the SOS. Also I'm very pleased to see the person claims to be well versed in consumer law. That being the case perhaps they he/she could comply promptly with my next CCA s77 statutory request

Correct Scarlet. The only thing they could do would be to ask that person to leave the schools property. If they continued to take photo's from a public place outside the school property the police could be called & they would/could arrest that person as being a risk to public order. However an at risk child being photographed IS a different matter. If Social Services are the childs guardian then they can insist the photo's be removed from a public website. If their request is refused & whilst there is no criminal offence they could apply for a civil injuction (& would almost certainly get it) to have it removed with the costs probably being awarded against the website owner

If your the defendant I suggest writing & telling them that you intend to ask the court to dismiss their claim on the grounds that they have failed to comply with statutory regulation & should not according to law be trying to enforce the debt. That their clients failure to supply a properly executed agreement is a complete defence against enforcment. In addition they should note that without the said properly executed and signed agreement a court cannot make an order for enforcement.

My advice is just reply stating the following "I refer to your letter dated */*/* the contents of which are noted". "Please be advised that despite what your legal department asserts I too have taken advice and do not consider that you have complied with your statutory duty to supply me a properly executed agreement". "Also please note that your failure will leave me no alternative but to report you to the appropiate authorities. In addition the failure to supply said agreement causes the alledged debt to be unenforcable in law".

As they are in criminal default of your CCA you should apply to have the matter struck out because of the following: 77 Duty to give information to debtor under fixed-sum credit agreement (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and © the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. (2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained. (3) Subsection (1) does not apply to— (a) an agreement under which no sum is, or will or may become, payable by the debtor, or (b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with. (4) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (5) This section does not apply to a non-commercial agreement. 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained. (3) Subsection (1) does not apply to— (a) an agreement under which no sum is, or will or may become, payable by the debtor, or (b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with. (4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents— (a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and (b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account. (4) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. Running account credit is credit cards & fixed credit is loans

You can put a childs photo on a website but there must be NO details by which they can be identified otherwise your in breach of the Data Protection Act Also if there is the slightest risk they can be identified you could be arrested for child endangerment

Sorry mate rubbish "They wont bother with the moggie cos it isn't worth anything". Of course they will. In fact it will probably be the 1st thing they'll go for because it is the family pet & the scummy bailiffs will use the threat of taking the family pet to force debtors into giving them every last penny they have & Knowing them they will continue to repeat the process time & time again. Also don't kid yourself as they will able to force entry in your absence they will ransack peoples homes It's why the law to stop baillifs forcing entry was enacted hundreds of years ago

Of course you are entitled to a refund. 1st send a letter via special delivery explaining what happened & demand the return of your money Then send a statutory DPA SAR (template in library) with £10 requesting copies of all documents letters, memo's, manual interventions, telephone records including transcripts of recorded conversations

Unlike France we don't own our image if taken in a public place. Schools can ban photo's as part of the implied contract you enter into when you visit an organised event. Photographers usualy ask you to sign a consent form so you can't later make allegations or sue them & the image (your image) by way of copywrite belongs to them Should you start taking photos at a school event you can be asked to stop on the grounds there is no consent & that you by breaching an agreement are guilty of tresspass

cano After telling us something about your history I do hope your using this site because you need to A case of what goes around comes around

excellent Paul Can I say "I told you so"

A word of advice it's important to report creditors to the ICO for non compliance as soon as they fail to comply. It not only strenghens your hand when they are seen to flout the regulations but also establishes if they actualy have a properly executed agreement. You have nothing to lose as if they DO have one they ARE going to produce it at sometime

well in that case they are well truly into criminal default & after reporting them to the ICO & TS you should apply to have the case struck out asap on the grounds that not only have they failed to particlarise their claim thereby denying you the right to plead. They are also barred from enforcing the alledged debt whilst in default of the CCA 1974 section 77-79 which states as follows: 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained. (3) Subsection (1) does not apply to— (a) an agreement under which no sum is, or will or may become, payable by the debtor, or (b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with. (4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents— (a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and (b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account. (5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. 79 Duty to give hirer information (1) The owner under a regulated consumer hire agreement, within the prescribed period after receiving a request in writing to that effect from the hirer and payment of a fee of £1 , shall give to the hirer a copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the owner showing, according to the information to which it is practicable for him to refer, the total sum which has become payable under the agreement by the hirer but remains unpaid and the various amounts comprised in that total sum, with the date when each became due. (2) Subsection (1) does not apply to— (a) an agreement under which no sum is, or will or may become, payable by the hirer, or (b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with. (3) If the owner under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. Furthermore: Section 127 gives the court power to make orders for the enforcement of agreements that are, for various reasons, improperly executed. But subsection (3) provides that a court shall not make an enforcement order for an agreement that does not comply with section 61(1)(a) unless the debtor signed a document containing "all the prescribed terms."

Whilst I don't suggest anyone is acting illegally....oh no goodness gracious me! It occurs to me that if the bank are still accepting & allowing payments for BC to be transferred to another account that could be problem for the bank. Anyone know what constitutes money laundering.

On what grounds are they claiming the debts are NOT time barred