http://uk.wrs.yahoo.com/_ylt=A0oGkmEQ9CZO1DcAlk5LBQx.;_ylu=X3oDMTE1MXR0cDAyBHNlYwNzcgRwb3MDNQRjb2xvA3NrMQR2dGlkA1NNRVVLMDVfNzg-/SIG=134grfbih/EXP=1311204496/**http%3a//www.publications.parliament.uk/pa/ld200607/ldbills/037/07037.225-231.html Section 46

No serves no purpose. Andy

No if you have already sent it.

Im all for research and shoving people in the right direction:-D Knowledge is power!!! With regards to the wrong account number I suppose at least any NoA should contain the correct AC number and debt amount. The problem is that on many assignments account numbers can and do change which is wrong and another reason that this practice should be stopped. Regards Andy

Ok If and when they do get a Warrant you will simply make application to suspend; this application must state reasons, for instance an offer to pay by installments, and usually requires payment of a fee. The court will inform the creditor of the application and require them to confirm whether they agree to the suspension and if not to state why and, in the case of an offer, what they would accept. If the suspension is contested the Court will list the application for a hearing. The court will there decide whether the warrant should be suspended, and whether terms attach to the suspension. The Court is not bound by the party's suggested payment regimes. Regards Andy

Hi Goonboy Its known as the headless chicken syndrome and that brick as just got very hot !!!!! Retain Arrows (The Claimant) response as they have refused payment and yet assured they will seek said information. Get your CPR 15 into action now. Regards Andy

Hi Nic Is the CO and CCJ for the same debt ? Its just if they are you seem to have them in the wrong order of process. Regards Andy

He as agreed to extension Vic just attach that to your letter to the court requesting a further 28 days (CPR15.5) Regards Andy

I would certainly do a DSAR on any debt just to make sure you (and they) had all the paperwork on each claim should the inevitable happen. Requesting the CCA separate to the DSAR is always worth while because a non response to a CCA is different to a non response to a DSAR. So DSAR first and if the CCA is not disclosed then CCA.Section 77/78 Whether it will rock the boat thats a risk you take, we call it prodding the bear and whether is it wise to disturb him. I would say yes because if any of these debts do resurface you will then be in a position to look at the case rather than scrabble around with CPRs and extensions. Regards Andy

Hi Delilah With regards to the points you raise above:- No the PPI would normally be included in the main body of the CCA. You should have received NoA (Notice of assignments) for both agreements either from the assignor or assignee by post I'm confused as to why you would need to write back to them? The debtor doesn't acknowledge the assignment you do that by payment. Doesn't really matter re the reconstituted copies of NoAs originals or copies wont effect their claim. As no effect on the Statute Barred issue either you have made payment and negated the issue of Statute Barred. Regards Andy

Vicky we may have discussed this before but i can recall, If the debt is in your name only and your property is in joint names then you need to consider the following:- If you proceed and get a CCJ they have many hurdles to jump before they can then apply for an ICO and with view of the above even if they do they will only get a restriction on your share of the property which in effect means naff all. If you accept their consent order and I appreciate they would only proceed with the VCO if you was to default they may get a full blown charge on your property as I have stated not sure how this stands with the joint ownership point or to whether your Mortgagee would in fact allow it. With the above in mind I personally would proceed and not put my property in jeopardy I think they are being vexatious with this inclusion and as already stated a TO with the correct schedule should be security enough. Asking them to explain why this inclusion will be going over old ground we know its security but this is wrong as no preference should be placed over any other creditors.I think a short note to acknowledge their offer of consent but unless the VCO is dropped you will not be able to settle matter.Maintain that you will be prepared for them to apply for an ICO in the event you should default and them successfully attaining a CCJ. Regards Andy

If the CCJ is of no relevance to you and you wont be requiring credit for at least 6 years proceed with the claim. If how ever it is important to avoid a CCJ you need to crunch a consent order (TO) but pref without the equitable charge. Regards Andy

Draft directions will need the addition of : A Termination Notice or in the event of none termination Notice of Arrears. Further details of the PPI insurance and handbook. Regards Andy

Well done.

If the court as received your notification then they are able to apply a bar to the defence date.Im at a loss to what she is referring to Marty. You could ring again and hopefully get someone more coherent with procedures? Andy

Quite the contrary Saca thats what most of the assignment game is about.The OC writes the debt off and claims the tax relief then sells these debts to the unaware predators who just see an opportunity to make a fast buck and hopefully convert it to a secured debt/ asset by way of further enforcement ie Charging orders/Restrictions. The account is in dispute as they have acknowledged no CCA is available at this time, (not that they will accept your opinion and feel that is not reason to collect) therefore you may write to advise your understanding and the OFTs view that the debt should not be passed to third parties to collect. No interest can be applied whilst in dispute. Regards Andy

No problem TTS

If its the 20th then its close of courts 4.00/4.30. Are you not doing the application? if so it doesn't matter about Wednesday anyway, once the court receives your application.

If you are not in a position TTS then you will have to request further extension, or submit an holding defence. For Information Exemptions from Court of Protection fees : Directgov Regards Andy

Its all in the link I have provided and another by Mooshy.

Depends how important this matter is to you Mooshy your choice. Andy

Post 91, TTS another 28 is not going to make any difference and could go on for ever.Time to call there bluff. Andy

They can request a SJ as soon as you acknowledge service even before you submit a defence. Andy

JFK forget their interest applied figure, whats on the Default Notice how much have you paid since the default? How much did these numpties ask you for in their very first letter threatening litigation?

Hi Mooshy Not sure what the 12th Sept is about but you only require 28 days otherwise you will have to pay for the extra. Retain the above letter as proof just in case anything does go wrong. Andy