Many thanks ims21 for moving my post to the correct place!

Good evening. I hope I'm posting this in the correct place so here goes - My wife had a Lloyds credit card and got behind on the payments after I had to close my business etc etc. There were various letters from SCM and she didn't reply - I thought they'd end up sending the debt out to Westcot. Anyway last week we had a CCJ claim in the post from Northampton. It gives the usual choices and forms to fill in re. the claim. The total Lloyds are asking for is about £4500. Back in November 2008 she phoned LTSB and asked them to stop taking c.£35-40pcm for the PPI cover. We requested this on a couple of further occasions - ringing the overseas call cente but nothing was ever done by them. The PPI was taken up until mid 2011 until the account was defaulted. The long and the short is that we agree there is a liability to LTSB - but we want them to credit the PPI (+interest) from Nov 2008 up until the default. I also want to look into whether or not the PPI was correctly sold in the first place. I have the telephone number of the LTSB PPI complaint dept - I expect they just act slowly and then reply in the negative suggesting the complaint is then takien on to the Finanacial Ombudsman (?). What I want to know concerns the court papers - should I either 1. Admit to part of the claim, or 2. Make a counter claim to set against the liability? Obviously admiting to part of the claim requires some information and a response from LTSB to get the specific counter amount the form requires. If I make a counter claim then does this hold up the court proceedings until LTSB and the Financial Ombudsman have had their say? Sorry for the long winded question. Any suggestions are most welcome. I have to get the ball rolling by responding by Wednesday - shall do it online. Many thanks Avantime

I watched last night - I'd love 10mins with Mr Boast to put him straight on a couple of points! From watching, and some personal experiences, I'd like to find out the answers to a couple of points raised. We were told that there are 6 million people visited each year - and the majority for council tax. That's an awful lot of money in penalty fines by the councils for late payment. As I understand it the courts just rubber stamp the orders - does the remainder go to the council? A good source of income from people being poor! The other point is about overcharging by the Bailiffs. As they take payments from credit cards etc "the office" must know what is being charged vs what should be legally charged. So the issue cannot be blamed on rogue bailiffs at all.

UPDATE The case has been adjourned - the judge was not sure if she had the jurisdiction to judge on Inland Revenue matters. It seems it doesn't come under the civil procedure rules mentioned above but that's not to say it doesn't come under others. Rather confused now!

Thanks - shall let you know! I'm not looking to get the money that would have been due - my actual self assessment figures were in late. I'm just trying to show that I shouldn't have to pay the money back that they paid out.

I'm just reading through my files before the case tomorrow. In one letter from the court the judge / Court sent a letter stating that he considered the claim falls "outside the civil procedures rules practice direction 7d". Does anyone know what this means? When I took my allocation questionnaire the court staff seemed a little confused as to why I had been instructed to do so in a case with HMRC.

My main argument is that they are the ones who incorrectly recorded my figures. They accepted these figures and amended the numbers - albeit incorrectly. If they had correctly entered the numbers when I phoned them in last Feb then it wouldn't have gone to court. Should I have requested a recording or transcript of the original conversation when the figures were given? Is it too late t do so?

I am being taken to court - the date is set for this Friday 13th. I am self employed and my wife and I claimed Tax Credits a few years ago. I supplied the Tax office with estimated figures. The business struggled for three years and it was all I could do to stay in business - let alone file accounts and all the red tape etc. I know this is no excuse! Anyway at the start of last year the Tax Credit dept asked for all the money back c.£5k. This was 3 years worth of award. I phoned them as I had three years of self assessment figures being processed by my accountant. A few days later I phoned them back and gave them the figures over the phone. As my actual figures were less than the estimated ones I expected that they would owe us money- though I didn't expect to get it as the numbers were late. A few weeks later they sent the statement for the three years in question and it was clear from this that they had recorded the numbers incorrectly. They had put the figure from the wrong year on one statement and left the estimated figure on the other! The result was that they still thought I owed £2k!! I saw their error and phoned to have it corrected and sent a letter correcting them. They wrote back 3 months later saying it was too late to resubmit the correct numbers and the case was closed. A while later a CCJ came through for me and my wife. I have submitted the relevant forms and the case goes to court this week. I have spoken to the Collections Dept in Bristol who have brought the case and they say that they cannot update the figures! I feel I have a reasonable case as they took the figures (late) once and miss recorded them. As these were given on the phone it is hard to prove though. When this error first came to light I spoke the the Tax Credit dept and even offered to travel to Preston to sit and talk it through with a member of staff but was told this can't be done. I have a question about the court case itself - my wife has been on anti depression drugs and just got off them. She would be far happier for me to go on my own on Friday. Would it be OK for her to send a letter to the court to explain this and that she is happy for me to put the case on my own? Has anyone had any similar dealings with the Tax Credit Dept? It seems a very one-way system as if the error was in their favour they would be (and indeed have) quick to claim it back. If the correct figures were put into the system it would show they owe us money and not the other way around. Any thoughts would be great!

Many thanks for the quick reply! I actually have the original loan forms if that helps. The terms, from memory, stated that I wasn't covered for unemployment as I was / am self employed. Many thanks for the FOS link!

I have a query regarding an Egg loan I have. I took out an Egg loan a couple of years ago and about 18months into the 60 month term I went into default - due to major business problems. The debt has been bounced around a couple of different Collection Agencies - I am currently paying off £75 per month. When I took out the loan I foolishly took out PPI cover. This was c.£700 and this was added to the principle loan. Five months ago I wrote to Egg suggesting that because I was only 18 months into a 60 month arrangement I felt that some of the PPI sum should be credited to the account. They wrote back (late!) saying that they would offset c.£40 because "the PPI policy is weighted to the early part of the 60 month term because it is the time of highest risk." They also suggested I should write to the Financial Ombudsman if I was unhappy with their ruling. Is this the best way to go? If any of you have any other suggestion they would be greatfully received! Many thanks - Hugh

Not at all my friend (Voltaire)!

Sorry Rooster - I explained my miss post and posted in the correct section. Many thanks!

I've had a hand delivered letter from a chap from Chandlers. The case dates back to last year's Council Tax. They called and left a standard letter. I paid the amount outstanding directly to the council who obviously have not told chandlers. I did not pay the fee for the visit. I spoke to the bailiff this morning and he phoned the council who said it had been paid. He is still asking for some £85 including £24.50 admin fee(!?) plus some other costs. My question is what can he legally ask for? What powers does he have to enforce it. He has listed my car for removal with a "Notice of distress & Inventory" - can this be enforced for Chandlers charges? He said he will call later today. I have spoken to the council who seem to think it's all above board!

Sorry! Just realised I've posted this in the wrong section!

I've had a hand delivered letter from a chap from Chandlers. The case dates back to last year's Council Tax. They called and left a standard letter. I paid the amount outstanding directly to the council who obviously have not told chandlers. I did not pay the fee for the visit. I spoke to the bailiff this morning and he phoned the council who said it had been paid. He is still asking for some £85 including £24.50 admin fee(!?) plus some other costs. My question is what can he legally ask for? What powers does he have to enforce it. He has listed my car for removal with a "Notice of distress & Inventory" - can this be enforced for Chandlers charges? He said he will call later today.

Reading various other threads I have realised that when DLC made their first call to my mobile I gave them some useful (for them info) - they asked if I am a homeowner and how many dependants etc!:o They even asked me to outline my household income and expenditure - at which point I suggested I would have to put that together over the next few days. Does this make them more likely to go for CCJ action? If so should the dispute over the payment insurance be enough to put it on hold? Views and ideas greatfully accepted!!

UPDATE- I have made several calls to Egg and DLC today. I spoken to Egg about the PPI arguing two main points - 1. That a proportion of the amount should be set against the sum I'm being chased for. And / Or - 2. The policy should not have been sold as I am self employed. Also wasn't made aware that 3rd party policies were available. I am to write / email my complaint to the Customer Relations Dept who will look into it. I spoke to a very helpful chap who said it could take up to 8 weeks to determine the outcome of my complaint. I asked if DLC should hold on any legal action during this time and was told that under the Financial Ombudsman guidelines - they should hold off. In the meantime I am awaiting a statement for the loan account to check any charges levied. As the proportion of the PPI does not get deducted automatically from the amount being chased I shall be checking all charges on the account VERY VERY closely. I do want to pay the outstanding debt - but only that which is due and no more at a rate that I can afford!! Simple. It's a good job that people who build aeroplanes work in a more accurate way than these "banks"!

I have just spoken to a chap at egg and it would seem that they have not infact sold the debt. I have found my copy of the loan agreement form (the other copy was signed and sent off) - in Oct'04. It would seem that the principle loan was for £5000 and there is a Loan Payment Protection plan at £693. When I signed up for the loan as "self Employed" do I have an argument that it was missold? I am still self employed today. I shall be sending off the letter over the weekend. Should I make a token interim payment to show "good will" prior to receiving the requested info - chrges levied etc. Thanks again my learned friends (virtual!)

Presumably I dont sign it as my signature may be "borrowed"? Many thanks for the info thus far. I shall keep you posted.

I think I have the original loan agreement in the office - is this the same. I can look it out tommorrow. I received the letter from DLC today saying that if I didn't pay legal action "could" take place. Should I try to find out if the debt has been sold by Egg. If it hasn't then should I just start to pay money into the Egg loan account number and miss out DLC all together? Is it unreasonable to ask Egg for a statement of account from the start of the loan?

A while ago, when my business took a major downturn, I defaulted on my Egg loan. Over the last 18months or so it has been passed to Moorcroft and then onto Fredricksons. I spoke to Egg a couple of weeks ago to say I am in a position to start regular monthly payments - this was just after Fredricksons had handed it back to Egg. Today, whilst away from my office, I received a call from Direct Legal & Collection asking me to repay the debt. I explained I am not in a position to pay the full amount or the large lump they were asking for. I asked for a statement of account to be emailed to me. They asked for £146 to halt legal action being taken. When I got back from my travels I phoned Egg and asked how much is outstanding - c £2990. They gave me their "Client Liason Department" number. I shall be ringing them in the morning. I asked if they (Egg) had actually sold the debt and they said they had. So I phoned DLC back and asked if they had bought the debt only to be told they hadn't and that they were dealing on behalf of Egg!!?? Now since my business doldrums of a couple of years ago I can afford c.£70 - 100 pcm. I do not dispute the debt and am not trying to avoid it. My main question is who should I talk to Egg or DLC? Also are DLC similar to Moorcroft / Fredpay? What are DLC most likely to do? In my telcon I said I would put together a household income / expenditure breakdown and send it to them. Having read various posts I realise I should not have spoken to them. Any thoughts most welcome! Thanks. Turnedworm.

Tom you've already PM'd me on this one - without naming names he could have a well known brother called Frank??!!!

That seems good advise. The Liabiliity Order is for this year CT. Just off to see the council now! N. Som use Bristow & Sutor and Chandlers Worm

I suppose the other thing is to only lease business machinery, vans, etc - not that any business plans to have such major financial problems. Still even easier to move production overseas and cut staff. I just find it very surprising that someone can turn up and effectively close the business down. I should also point out that when the bailiff turned up last year - he just wanted the money - no mention of Walking Possession. I asked about paying in 3 installments (weekly) and this was rejected by him. Maybe he was thinking about the charges he could put my way - lorry for machinery, storage and auction costs etc - an extra £3-4k plus I should think! As I said earlier I am seeing the council later today to talk to the scrutiny group about my experiences.

So really it's better to keep your business rates up to date rather than your Council Tax - if circumstances dictate. With the visit in question the tactics used by the bailiff were far higher handed than a bailiff collecting PAYE on another occasion. Touch wood business is on the up again and the order book is full - this should get my finances sorted over the next 6 months or so! Then its onto the bank charges!!