Our local volunteer Rescue was raided by RSPCA on Thursday last week. without going into everything, I will post the links for you, No documents were signed by the person who runs the rescue, but I have been told to go to the local crown court and file form n244 which will stop the RSPCA rehoming any of the dogs until they decide whether they are going to prosecute or not. Is this correct. I only found out about it this form this evening and have quickly asked the same question on a couple of good dog sites, but I know you are brilliant on here so, here I am http://goo.gl/Ajq6ls This is a link to the latest news article.

Just received letter from idem servicing saying Idem Capital Securities Ltd have purchased our MBNA debt and that Idem Securities will be administering it. checking on companies house (below) we noticed that they are registered as non trading company, which is strange considering they have just purchased MBNA debits for 55.7 million. As a non trading company they only have to declare shares and assets, what about all the profits from their grubby business, shouldn't they also have to declare TAX. Idem Servicing do now have CC Licence under idem Capital Securites Ltd Idem Servicing is trading under ICS Ltd. On our letter it states that all terms and conditions of our Credit Card account will remain unchanged. Our debit is managed via CCCS who Idem claim have been notified of this. We will wait and see. On UKData site it says to check carefully all Directors of non-trading companies (I have already done the work for you. By the Director names you have a link to their information). Is being company secretary/Director of 162 companies enough? COMPANIES HOUSE INFORMATION Name & Registered Office: IDEM CAPITAL SECURITIES LIMITED ST CATHERINE'S COURT HERBERT ROAD SOLIHULL WEST MIDLANDS UNITED KINGDOM B91 3QE Company No. 07350538 Status: Active Date of Incorporation: 19/08/2010 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC): 7499 - Non-trading company Accounting Reference Date: 30/09 Last Accounts Made Up To: 30/09/2011 (FULL) Next Accounts Due: 30/06/2013 Last Return Made Up To: 19/08/2011 Next Return Due: 16/09/2012 Last Members List: 19/08/2011 CREDIT LICENSE INFORMATION Application / Licence Details Licence Number:0642971Licence Status:Current Current Applicant / Licensee: Business Name Company Registration Number Idem Capital Securities Limited 7350538 Categories: Consumer credit Credit brokerage Debt administration Debt collecting Right To Canvass Off Trade Premises:No Trading Name(s) (Current): Idem Idem Servicing Issued Date: 20-Apr-2011 Date Maintenance Payment Due: 19-Apr-2016 Legal Formation: Body Corporate (incorporated inside UK) Current Individuals that run the organisation: Name Position John Grogor Gemmell (http://www.cdrex.com/john-grigor-gemmell/263517.html?p=2 ) Nicholas Keen ( http://company-director-check.co.uk/director/903889113 ) Richard Dominic Shelton ( http://company-director-check.co.uk/director/903106523 )

What worries me is that if we contact the creditors and ask for a 12 month break due to unemployment and our other option would be to consider bankrupcy, I would be scared that they would panic and put a charge on the house or something. We have really tried hard to stop any charges going on and pretty much always managed to pay them something. /But as you say, with a 12 month holiday at least they may actually start getting payments again, where as with bankrupcy they wouldn't. UUmmmmm food for thought.

That is an idea. Don't know if Lloyds will accept though, they have been a pain. I think I will write today to all of them and see what happens. Certainly take the pressure off for a while.

Papa Smurf, that is very interesting, I will certainly look into that one this morning! New Starter - We will think long and hard about any decision we make. We were not looking for the easy way out at all. We will be getting advice regarding all options before any decision is made. Thanks Lisa

New Starter - I will be polite here. Yes we are a normal family finding things tough. Agreed. We are also a normal family that have been finding things tough for many, many years. Our repayment plans were started years ago. This is no recent thing believe me. So I do take it personally when you make it sound like we are just trying to find the easy way out and sitting on our butts. We have had agreements, we have made dents in our debts, we have scrimped and scraped. We have been on an interest only mortgage for the last 4 years. We have another 12 years on a mortgage that there is no way we will be able to repay in that term. Also, you may think we are feeling sorry for ourselves. Actually we are not. We have discussed amongst ourselves and professionals what our best option was on many occasions. We always keep up beat and positive. We turn negatives into positives. We live in a property that needs work. The render on the chimneys are falling off into our neighbours garden (it is a very big, high chimneys) this needs doing urgently. Because of the height of the chimney you need scaffolding. The job has been priced up by 4 different companies and will cost in the region of 3,500. And before you ask no we couldnt do it ourselves! It is not covered by insurance, we had it checked out. What would the claim be against us if our neighbours had a 6ft chunk of render land in their lounge! We recently had a new boiler fitted by Warmstart (luckily we qualified) the last quarters bills April) were on the old 25 year old boiler, gas and electric came to over £840. A friend stepped in and paid those for us. It is high council tax band due to the size. The property is a total money drain for anyone. It is a beautiful house and the decision to part company with it was not one taken lightly believe me. ?We cannot afford to live in it anymore. We havent decided definately on bankrupcy but it is an option that we must consider. The mortgage repayments (interest only) a few years ago was over 800, obviously it is not that at the moment but it is only a matter of time until the rates do start going up again, then we are stuck. Quite a few times I have contacted the CCCS amongst others, and most of them stated that Bankrupcy is certainly worth consideration in our circumstances. We always refused to even discuss it. Bankrupcy was, at all times, something that we really did not want to happen. However situations do change. So we are not feeling sorry for ourselves whilst sitting on our backsides. We are just realists and look at all the possible options. Including ones that have been tried in the past. However, there does come a time when sometimes you have to take a deep breath and put your hands in the air and move on. Whilst we havent quite got to that stage, we are certainly aware of it. I actually posted my message on here in case someone could actually offer some points, tips or advice. So suggestions to get off our butts and stop feeling sorry for ourselves was not only incorrect it was not very helpful.

If you saw the list of jobs that we have applied for jointly it would block your toilet - because that is all they are worth. The reason he has been out of work is the fact that most major companies cancelled projects and the ones that didnt hired consultancies that operate IOT (inter office transfers) and got all their consultants in from India. Good for them but very bad for consultants over here and believe me there are thousands in the same position as us. He has been applying for jobs right across the board from yes fruit picking to dustman, but there is nothing available here. He is applying for jobs anywhere, and I do mean anywhere from the Uk to Abu Dhabi, no matter what the salary. We have one of the highest populations of immigrants that anywhere else. All the manual jobs are long gone. Plus they have already said to him that they wouldnt employ him because they think as soon as something comes along in IT he will be off.

You are right, we do not have the 600 up front payment. But if we sold the house quickly then we would. Also we do not have the deposit for a private rental unless we sell the house. Yes our current interest only mortgage is less that what private rent would be, but what we really do not want to happen is for our property to be taken away from us, us still left with outstanding debts and never getting out of this hole. We need, somehow, to wipe the slate or we are just going to keep going round and round like a goldfish.

I know there is stigma attached to bankrupcy, but what really concerns us is whether this would affect my husbands career prospects. He is an IT consultant, whilst he does not work in financial institutions, we are obviously concerned that this would close doors to him. But with our debts at the level they are, and us both being out of work I really do not see any other option.

Correct. There is, at a push, 30k equity in the property. Our mortgage at the moment is on interest only so very low payments. There is no arrears at the moment, but that is the only debt that is not in arrears. I say we do not have time for sale on the open market because it is only a matter of time before one (or more) of our creditors lay claim to the property. Also we do not have time for a normal sale, if it fell through we would be well and truely stuffed. All other debts are unsecured. Which I suppose is some kind of good luck.

Condensed version. Massive debts (50k+) managed over last few years, private payment plan (broken a couple of times but reset). Husband is IT contractor and has been out of work last 18 month. I went back to work full time to try and keep heads above water. Last week I was made redundant (under 12 mths employment so no redundancy payment). We couldn't manage then so we definately can not manage now. Both looking hard for work but pretty hard going. Have decided that after many years of stress and shoestring living we want to sort it all out one and for all. If we sell our property now then we would have about 30k left. Need to pay back parents for money borrowed over last couple of years (they are in their 80's so I am afraid they are my priority). Also will need to put a deposit and 6 months rent in advance for rental accomodation (as a claim for housing benefit will be pending due to us both being unemployed (at present, but not for long I hope it is driving us both mad)) Our cars (x2) are both rust buckets but necessary due to where we live. We have nothing else of value what so ever, sold long ago. Due to the IT market my husbands lack of job success makes us realise that he really needs to get additional training/qualification to return to work - this is also a necessity as without it he won't be able to return to work. Me - I'll take anything that is available. How would bankrupcy work for us, as we are both unemployed at the moment. We have 3 children at home. But we want to get rid of the house, it is too large and the bills are too high for us now. How would it work. If we sold quickly (obviously not realising the same price as if we waited, but we do not have that option available any more). Paid back our elderly parents and settled finances with new landlord. How would the courts take it if we then filled for bankrupcy. There wouldn't be any new cars, boats, holidays. Just repaying parents and paying rent up front. We need to get a grip and get this behind us. No debts are secured on the property. For the last 2 years we haven't been anyway - not even to the beach. I want to able to drive my kiddies to the beach and not have to worry about the cost of petrol. The last holiday we had was 3 years ago, 4 days camping in Lincolnshire. We have really had enough. Or we could file for bankrupcy whilst still in the property but then we wouldn't have any funds to pay a deposit on rented, pay elderly parents back - nothing. Advice would be very, very welcome. Lisa:(

Thanks Sillygirl1 and B3rty for your comments and draft letter, I will have to write back to them so will certainly use some of the letters that have been posted. I said it made me smile when I read it. Cabot - the last chance saloon!

That really did make me laugh!!

Thank you everyone for the quick comments. When I opened the 'pack' it did make me smile a little especially when I read the words ' it is our opinion' and 'we have decided' - I thought they were on a sticky wicket. cerberusalert - Thank you for the letter, but even though they havent sent a blank form or any type of agreement, in fact they have already confirmed in previous letters that they are not able to produce a copy of the original agreement. I can still use most of this letter which basically states - no agreement - no debt. See what happens from there. Thanks everyone - you are great (and so quick to answer) Lisa

I originally requested a copy of my signed agreement with Goldfish one year ago from Cabot (who now own the debt). They requested the agreement a number of times from Goldfish but couldn't get it. They then sent me a letter stating that THEY were putting the account on hold for the time being. Today I received a letter from Cabot (see below) which announces that THEY have made the decision that as I have made payments to this debt in the past then that is confirmation enough that the debt exists and that I acknowledge it. Quote" ..clearly detail repayment that you have previously made towards your debt, which constitute a clear acknowledgment of your responsibility to repay the debt." unquote and Quote " Cabot is of the opinion that you have been provided sufficient evidence that the account exists" unquote They enclosed a wad of copy statements and printouts of the account showing each payment in and out. I have still not received sight nor sound of the original agreement with goldfish. Is their 'opinion' legal. This account with Goldfish was taken out in the mid-1990's. Your comments would be appreciated.

I am really interested in any replies that come for this one. I have contract with vodafone but am unable to pay my bill this month so they have just stopped service - fair enough. But I spoke to them on the phone about a month ago and told them that I wish to cancel my contract with them due to unemployment and was told 'tough luck you will have to continue paying the monthly contract fee until end of term' (not their exact words but that is what they meant) So replies to the original question posted will be interesting.

My husband and I have both received identical ltrs from Lloyds, in response to our initial requests for CCA's. I have already sent them a letter in February, because they did not respond to our initial request. These letters obviously crossed in the post. Here is the latest instalment from Lloyds: Thank you for your letter dated 19th Jan. I am sorry for the delay in responding to your request for documentation under section 78 of the Consumer Credit Act 1974. Unfortunately, we have recently received a high volume of such requests, but I can assure you that we will respond shortly to your request. I hope this fully answers the points raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently. As long as you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 4th may 2009, I will close my file, although I will re-open it if you come back at any point afterwards. As they have not responded to my ltr dtd 6th February and their time limit was up on 27th ~February could I send them a letter officially putting the account into dispute and tell them to stop contact me until they come up with the goods? Lisa

I got a letter from them dated 4th March and it was still from the Queens Road Quadrant address.

Can anyone on this forum advise me how 'someone' has managed to continually debit my account with foreign transactions for the past 2 months and the bank never noticed. I received my bank statements yesterday and found to my horror that page after page was filled with USD conversions to GBP . After contacting the bank (Halifax) they advised me that there are pages and pages of these transactions for February also. So many in fact that they have passed the whole account to the Fraud Department and requested a scan of the whole account - there were too many for them to write down. My question is how can this happen. Do the banks not have any security measures in place to monitor accounts for this type of unusual behaviour. Even the woman at the bank said she has dealt with internet fraud before but she has not seen anything like this. You are talking literally, pages filled with these transactions. Why was no flags raised at the bank. To say that I am frustrated is an understatement. I cannot believe that the bank were totally unaware. When I telephoned the bank there were already about £200 worth of these transactions waiting to be cleared just for the past 2 days. What security measures do the banks have - if any. These transactions were using my debit card no. so it looked like an online purchase has been made. But I would have had to sit at my computer and purchase about 10 items every day for approximately the same price for the past 2 months. Add to this the £1.50 transactions fee. This is one hell of a lot of money. Any information people can provide regarding the banks security measures would be much appreciated. Do they not have any type of scan in place looking for this type of behaviour. Aaargh, it just makes me so mad that this went un-noticed by Halifax. MammaLisa

Finally, after requesting in in November, and numerous letters from them, I have actually received a copy. The envelope was not sealed so I have no idea what else, if anything, was included. I would really appreciate if someone could have a look at the copy pages (2) and let me know if it is enforceable or not. As it is dated August 2005, I have a sneaky suspicion that it is enforceable. Another point I do find interesting is my husbands date of signing is actually later than the date of the Cahoot signature authorising it!

It appears that Lloyds have a new standard letter. I have received exactly the same information from Lloyds Bank, when I requested a copy of my signed agreement under CCA 1974 as this thread: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/181827-lloyds-tsb-cca-received.html I won't bother scanning the documents as they are identical The bit that really got me was the sentence - ' we will not be entering in any further correspondence.....' Is that guaranteed to get peoples backs up or what. I have today sent out this letter in response and we will see where we go from there. Quote Card Operations Customer Service Recovery Lloyds TSB Bank PLC Queens Road Quadrant 1-5 Queens Road Quadrant Brighton BN1 3XJ 6th February 2009 Dear Sirs Account number I write with regards to the above account with your organisation. I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances. Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both side I look forward to your reply and would ask for a response by 4pm on 27th February 2009 Regards Unquote I have also sent this letter with regards to my husbands account with lloyds as I am sure we will be getting the same response about that. Just for information both of these credit card accounts were opened in about 1998. Wonder if they have the signed agreements or not!! Cabot have sent a letter stating that they have put the account on hold as Goldfish have not supplied the required agreement. This was taken out in my maiden name so must be about 1995. MBNA have sent a standard blank copy, but this was a recent Credit Card (after 2005) so I don't think I will be getting anywhere pursuing that one. Cahoot are currently dealing with my request. Any suggestions would be gratefully received.

We originally sent in a claim for Bank Charges last year - received the normal reply from Lloyds about waiting for the outcome of the current case blaa blaa blaa. Well now my husband has lost his job and I want to push this as hard as we can. I would be willing to negotiate with lloyds about the claim for charges actually being used to right off our overdraft with them (the charges total more than the overdraft and they would them be rid of us and our debts) But having just printed off the Income and expenditure sheet from this site, it wants me to enter details of the case no. and which court it was Stayed by. My claim hasn't got to the court stage, does it need to be Stayed by a court before I can claim Hardship? Any comments would be most welcome.

We have debts, as does everyone on here, and tried to manage them, as you do. Out of control, CCCS involved, but we are really fed up with whole situation and whilst browsing the web, I found this site. I think I'm going to have some fun now. Thanks

I am really going to start drastic action with our debts, but whilst on the Lloyds Bank thread I have a couple of questions. We have 2 Bank accounts with Lloyds Account no. 1 Overdraft of £1,300 (ish) + logged a claim for £1,800 of charges Account no. 2. Overdraft of £2,300 (ish) + logged a claim for nearly £3,000 of charges. 1. Is it worth my while requesting copies of the bank account CCA's (they were originally opened by me about 20 years ago and then changed into joint names when I married 11 years ago. 2. Has anyone reached an agreement with Lloyds to cancel out the overdrafts with the bank charges claims - full and final settlement for both (I forget the charges if they forget the overdraft scenario). They are currently getting peanuts via the CCCS for the overdrafts anyway, so it would make sense if they cancelled each other out - but hey this is a bank we are talking about. If anyone has any opinions or experiences of this then I would love to hear. Lisa

I have just read this thread and it made me laugh my head off. oh how I wish I had started to claim my charges in the good old days of 2006 rather than after their test case started.