Yes the BPO hearing _ worry that the DJ will make an order for what seems just nonsense and because i cant say the right things at the right time it just might happen !!!!

Subbing with interest - I sent Yorkshire bank SAR back in November and all they sent me were copy statements (which I have anyway) they sent nothing about 3rd part correspondence or indeed the Notice of Assignment they need to rely on when being pursued for a debt .....I have complained to the information commissioner watching with interest

Can anyone help - judge didnt throw the case out - MC sent an agent who served me a BPO on the day !! now listed for end of May - I am in the process of filing a form 6.19 and sending the judge a letter and copy docs as I do feel a bit intimidated in front of them - can anyone help with looking at my case in detail and give me some tips ????? PLEEEEEEEEEEEEASE

Not sure about time limits - thought the set aside application had to be within a certain time -but i will check it out thanks

PLUS as above - I am paying this off at £60 per month through a Debt management plan through CCCS - and they still are pursuing this !!!

GH - sorry didnt see your post - quick resume of my case - debt = Yorkshire BAnk overdraft (2k) stopped banking with them in 2007 as their fees /charges extortionate They referred the matter to 3 different DCA when I mentioned to them it was disputed debt (I told YB it was made up of unfair back charges ) - they stopped contacting me MC Sols contacted me July last year with a Stat Demand - they would not listen to me about the debt being disputed (said YB have no record of my complaint when clearly they did ) So - Stat demand issued - I was given bad advice so not set it aside since then MC Sols claim to have been trying to serve BP docs - and got to court today to be "served" by agent sols. I have sent YB a SAR on Nov last year but they have only sent copy statements - NOT NOA or copy correspondence to MC Sols etc - or my original agreement with them ..... ANY help would be graetfully appreciated

Just to update - And ask for a spot of HELP too- the DJ refused MC application to serve personally so I go to court today and their agent Sol serves the document on me - not sure this is the right doc however - and the DJ adjourned for another day (TBA) - can anyone check my SAR - that YB have not fulfilled and the document I got today ????? help help help !!!!!!!!!!!!!!!!!!!!

Hi Samba - thanks for your words....I went today and it was adjourned AGAIN (4th time) the judge was surprised to see me as I have not been sent any papers or anything to do with the case. I found today that the other side had applied for alternative service of docs as their process server has been to my house numerous times and not managed to see me - I DONT BELIEVE THEM...........I think it is another attempt to delay all this and put more prssure on me - and its working !!!!!! I am now resigned to going to see a solicitor - its all getting too much - jusdge said he could strike it out but didnt - he adjourned it - the other side didnt even show ----

Hi Samba - just to update you the hearing in Feb never went ahead - MC asked for an adjournment as "they had no time to serve docs" -what a nerve - they havent even tried - the court adjourned it for a hearing 22nd March - and i rang court today and MC have made an application to "serve papers alternativeley" ie not by personal service just through the post - me thinks they are just prevaricating and I told court so....STILL havent received SAR docs from YB and have chased them up - according to the Post Office they havent even collected the recorded delivery letter !!! I contacted a solicitor but at £110 per hour fee would be just impossible - I feel 90% the judge will throw this out once it does get there - but what can I do in the meantime ?? Its all rather stressful !!!!

Lilly (or anyone else who can help please ) - I cant seem to open a new thread on here - the date i referred to last was adjourned as Mortimer Clarke sent a letter asking for it to be so - I had sent a form 6.19 opposing the BP - but have not heard from the court about that - I have received a date from court for 18feb (tomorrow) for the "FURTHER HEARING OF THE PETITION " but I have still not had anything from the other party (petition papers or anything) I have seen athread this morning that says the SD is only good for 4 months - mine was served 17th July 2009 - does that mean court will strike the petition out tomorrow if I ask ? Also - this company have caused me no end of stress - cant afford a solicitor so am trying to get all my help and advice from here - can i ask for costs to be awarded tomorrow on the day ? thanks for listening

For a bankrutcy petition hearing that Mortimer Calrke have listed (without telling me) I have submitted a notice to appeal against it and will be appearing myself ........

Lilly - I have 2 accounts from YB that Marlin have - one is for 1800 overdraft which Mortimer Calrke (Phoenix) have issed a stat demand in July - despite me telling them I had disputed this amount (unfair charges etc) and they have listed a Bankruptcy petition hearing at Court - except they HAVEN't told me !!! I found out after getting a leter from the Land registry - after writing 3 times to MC to let me have dets of the hearing they have replied and said they have applied for an adjournment as they did not get the papers from court in time --- THING IS - the Court dont know any of this !!!! I rang them and said there was no application for adjournment -- PLUS - I have SAR'd YB who have sent me just account statement copies and NO copy of Notice of assignment-- am now having sleepless nights as I now have to go to court Friday and ask that this be thrown out - Any advice/reassurance you have will be gratefully received X

Also...I have just read somewhere that a NOTICE OF ASSIGNMENT has to come from the original creditor and not the DCA themselves - can anyone comment on this please ??????

Hi - Bumping this - YB have assigned 2 debts to Marlin (phoenix recoveries) so watching this with interest.....willl check out the above legislation too....

Bump ...I will be interested in what the OFT plans next - I for one will be contacting them to see if they will progress this through the "unfair contracts " bit - I appreciate the judges have said "you agree by the terms of the account when you go overdrwan etc etc " but what if those terms change ? eg my bank initially charged me £8 per day for being over then bumped that up to £25 without my agreement ......(rhetorically) where's the fairness in that ?

mmmmmmm....sounds like you obviously know best ! only trying to help...

green and mean - The Police Officer then told the doorman that they haven't had any documents handed in and that it looks like he will be spending a day in court. THAT comment by the PC infers that Pete has an outstanding police matter and that he " will be spending a day in court" - which breaches disclosure rules.... The DPA is not about what DATA has been passed on but ANY info at all...

Hi pete - my views for what its worth - YOU are respnsible for making sure you are insured - and that its kept up to date - at any court hearing you COULD use the info about your brother in mitigation only - but the onus rests on you...as for the police arriving at your work and talking about you - NOT ALLOWED - any info they hold comes under the DPA - and as such they have breached that not to mention professionalism - My advice there is to make a formal complaint to the Duty Inspector at the local nick...

Dear INOVERMYHEAD, My short advice is .........sign up with CCCS .....once you do that CCCS will handle just about everything....I signed up in August - and with exception of ONE creditor (out of 13) all have stopped charges and interest...they can even include your overdraft (but you might have to consider getting a basic bank account elsewhere tho) - the first couple of months are hectic with leters and photocopying - but its worth it ...... Good luck X

Hi - wonder if anyone can help with this question pls? I have a loan account with YB that I have agreed a DMP payment for - YB have passed my account to MARLIN - who have accepted the DMP Payments. After receiving a statement I noted YB have addedd a "FEE ASSESSMENT" amount of £3.40 for several days each month - sometime 3 times a day !! (?)) I have written to YB asking them what this is and to exaplain it - they have replied saying basically - Marlin have the account now - contact them.... Am about to write to marlin and ask - but I bet I know the answer already --- Can they do this ??

Hi everyone - would appreciate some support and any advice on this one pls - am having a nightmare time with those companies listed ; - in a nutshell...late 2007 had no choice but to change bank accounts from YB to another as their charges were crippling me - to give an example I know I am digressing ...but they charged me one month £450.00 for being over my limit ... returned a direct debit for £8.00 - charged me £35.00 for it PLUS £25.00 for the day I was over the limit - all for £8.00 !!!! - charged me £25.00 for being 16p over the limit - I could go on - but wont .... So... changed bank accounts and left me with an overdraft of £2K to YB ... I then started to communicate with them to complain about the charges over the years (added up to £3K) which they said they would look into....despite getting 2 leters saying they are still no further forward (re the High Couirt case pending) they could not agree my complaint - they have since said as I did not telephone them when asked they have discontinued my complaint --(??) --(i have since recomplained and they have reopened it) They sent my file to a DCA (FAIRHALSEN) who have acknowledged my complaint that the £2k overdraft is due to some unfair charges - but then I get letters from MARLIN/Mortimer Clarke &co who in July issued me with a STATUTORY DEMAND.... I have communicated with them lots to say I dispute this claim..AND after being accepted on a DMP (CCCS) in July are paying £60.00 per month to Mortimer Clarke against the debt too..... On CCCS advice I did not set the Stat Demand aside and have now been sent a LAND REGISTRY B10 notice that Bankruptcy petition is affecting me - I have had no correspondence from MC/Marlin & co re this and after contacting the court they have told me there is a hearing listed for Jan 24 next year.....within the time of the Stat demand I had sent MC a CCA request and they have said they will send the details when they get them - they have now said I need to attend at a YB branch to get that info and pay the fee myself ....by the way their Stat demand refers to my AGREEMENT with YB dated 1991.... Questions I have :-- 1. can they tell me to go get the CCA stuff myself ??? 2. Does this appear a bit heavy handed ? or is this their prerogative - even when the debt is being paid through DMP ? and I have disputed this amount (charges claim) 3. can they go for bankruptcy without CCJ first ? 4. Should they not send me the 1991 agreement they refer to ? or could I get this through disclosure before January ...and ....do I need a solicitor ???? Thanks to all who have taken the time to read this and any offers of help would be appreciative .....

Thanks 42man - will do as I have new correspondence from them now ....

Hi all - I have made a complaint to the OFT about this racket - have not received a reply yet and still being threatened by Mortimer Clarke for bankruptcy and an amount of £1800 - that is being paid through CCCS debt management company ....should I expect an update from OFT ?

PGH7447 - why ? can you tell me more ? is there something else I should send ? surely my account is subject to certain terms and conditions .....for which I should be able to get copies of originals docs for .......HELP

Also..YB passed my debt to more than one DCA - which is against OFT guidelines (confusing and oppressive) I will write to YB direct this week and let them know how MARLIN/MC Sols are ruining their reputation - if they are the original holders of the debt surely they retain some responsibility to how the DCA/Solicitors behave ???? anyone got any ideas to help MARLINHATER and me ?