Hello Paul, In answer to your question - RBS have not provided anything whatsoever in response to our requests for CCA/SAR etc. So apart from the £69 which we were told was for a current account, we know no more than the figure (£23,000+) on the original court claim form. Good luck with your ongoing fight with the RBS. Regards

Hello all, Update: First of all - a big THANK YOU to all who have advised me on this issue. My wife's CCJ was set aside about two weeks ago due to following the advice given on this thread. Secondly: - apologies for my lack of communications since my last post, this is due to the way I work and I have been away for a few weeks, having said that, my employers (a very large multi-national) who were aware of our problem, said they would fly me home for the hearing if necessary. As it turned out my wife handled it by herself - the set aside was not contested and no surprises occurred. My concern was that - my wife was not concerned at all! Did she know something that I didn't? When the hearing finished my wife said to the judge, that she would now try to find out what it was all about and sort it all out. The judge said "don't bother Mrs Mariner, they just want this buried, don't contact them" One last comment:- the original solicitors that contacted us - Irwin Mitchell of Manchester - have dealt with this matter in a very professional manner and we certainly do not have any complaints about them (credit where credit's due!) Many thanks and regards

Hello Interested Party. (IP) First of all I sympathise with your problem, and I would not wish to moralise for 1 second - however from reading your posts it seems that your daughter has not got a criminal record from this incident (unless somebody tells me I am wrong.) If it was me I would pay up the £70 and tell your daughter how lucky she has been. I have several minor incidents in my past and although they are trivial I think they may cause me problems in the near future (e.g. I need a working visa for the USA at the end of this year.) I would recommend putting this incident to bed and take it off your (her) 'things to worry about' list. Hope somebody agrees with me! Regards

Hi ferrari50. You appear to have posted on the end of an old thread. I suggest you start your own thread about this. If you look above stickys and announcements you will see the 'Start new thread' button. Also I suggest you read the FAQ section particularly Bookworm's 'How do I......' section. Regards

Heartopp, Sorry about the misunderstanding - basically I was only only thinking about me - selfish - I'll try to improve! I made a list of possibly relevant points whilst trying to find reasons for a CCJ set aside and then tried to put them in order of relevance. I'll look it up tomorrow and post it - it is all taken from the advice given on here, I tried to simplify it for myself and turn it into a simple 'aide memoire' for the hearing. I still did'nt get it right, there are points that were made apparent to me by the people who responded to this thread that I totally missed until after the event. If I had defended O.J.Simpson he would still be breaking rocks! Will continue tomorrow Regards

Good morning Heartopp, In answer to your questions. 1. We disagreed with the whole amount both in the acknowledgement of service and at the hearing, although at the hearing it was a not an issue because of the judges view of of the very poor particulars of claim and no response to the CCA request etc. 2. The absence of a default notice was also a non-issue for the same reasons. I am still wondering whether we should get in touch with the RBS and try to preclude any further action on their part, whilst they can't find a true copy of the agreement - they might try harder! Regards

Thanks for that Paul and of course thanks to everybody else who has helped us with this. If I had'nt come onto this forum, I'm sure I would be now trying to budget for a large monthly payment to them. I am convinced that the reason we have reached this point fairly painlessly is the high public profile given to some of the banks/CCCs questionable practices by people like Paul (your RBS thread is like reading War and peace.) I said quite early on in this thread that I had no intention of avoiding any debt we had with the RBS and still intend (foolishly some might think) to deal with this. I thought that I should try to contact RBS collections directly to avoid them passing this on to another DCA. Any thoughts - comments? If they have no true copy of the loan agreement will this add further weight to our CCJ set aside application? Once again thanks to all of you. Regards

Hi BigGeorge, I,m sure some body who knows what they are talking about will be along to advise you in the morning but I am fairly new to this forum and as such could'nt possibly advise you. However I am certain you have nothing to worry about! There are people on this forum who will tell you exactly what to do about this idiocy you are getting. All the best

Hello, An update. First of all - we received this from the county court dated 6th May. General form of judgement or order. Claim no./names and addresses etc. Before district judge --- sitting at ---- county court etc. Upon hearing the solicitor for the claimant and the defendant in person. IT IS ORDERED THAT 1. The application be adjourned until the 23rd June at county court etc. time estimate 20 mins. 2. There is permission to claimant to file and serve amended particulars of claim to comply with the CPR (if so advised) by 4pm on the 30th May. 3. The proposed defence shall be filed and served by 4pm on the 13th June. At this point I was wondering if the application to set aside the CCJ was going to be successful because reading the above it does'nt seem to address the fact that this was an application to set aside instigated by ourselves. However we received this today from Irwin Mitchells Names,addresses, claim Nos. etc. WITHOUT PREDJUDICE Dear Mr and Mrs Mariner We refer to the above matters. Our client has confirmed that they are unable to supply a true copy of the loan agreement pursuant to section 77 of the consumer credit act 1974. We are therefore instructed to cease the proceedings in respect of the balance outstanding on the loan account. The balance outstanding on the current account is£69.00 therfore please contact xxxxxx of this office on 0161 838 3099 within the next 7 days to arrange payment of this sum or to discuss a payment arrangement. On receipt of payment in the sum of £69.00 we will file a notice of discontinuance in respect of both claims. yours faithfully. My first instinct was to send the £69.00 immediately - but I had second thoughts. Doe's this make the CCJ set aside any more likely? Will post again shortly with a couple of questions. Many thanks and regards

Hello all, I'm posting to keep this thread live, once again I have been away working and the opportunity to use the the internet for any length of time with any privacy is virtually nil. I have had a letter from the court with the date of the next hearing. I will post details later (this coming weekend.) Regards

Thanks for that Car. However we have just got back from the court. No real result - the judge seemed to be very clued up and gave the RBS solicitor a hard time and told them to get their act together re: CCA, SAR and CPR requests. Now it's adjourned till mid June. At one point the solicitor said we had been contacted prior to all this by Green and Co. - never heard of them! Will post again later. Regards and thanks to all.

Quick question - anybody. Should a default notice be sent to me by recorded post. Regards

Many thanks Elsinore, Our plan is to wait until my wife is asked to comment on the matter and at that point she will ask if I could speak on her behalf. Before we enter the court I was planning to ask the court staff if there was a procedure for this. My wife is imagining a court full of jurors and wigs. I have told her it's more a formal office setting. I hope I'm right!!! (For my sake.) On a lighter note: A court setting does not intimidate me, however. I once many years ago (1993 I think) defended myself on a minor motoring charge which at the time would have carried 2 penalty points and a £50 fine. I talked myself into 4 points and a £270 fine. Oh no! rambling again! I should have called myself 'Rambler' not 'Mariner'. I was only posting to thank you. Regards Mariner

Hello Hodsocks, The phone No. you quote 0151 etc. Is that not a Liverpool No. Regards

Hello Stevie, Just seen your posts, I will make a point of posting tomorrow after the hearing - hopefully mid afternoon. Obviously I would like it to go our way but if not it won't be a disaster. I'll just have to come up with Plan B. If I learn anything that may be useful to you I will post it. By the way, within a few hours of coming on this site I started to feel positive about the issue - the (excellent) advice on here can be a bit overwhelming at first, you've got to re-read some posts several times to make sure it sinks in and you understand. I found it quite helpful to have a notepad to hand and make notes about what things meant (eg. SAR, CPR 18 etc.) so that I would'nt have to keep looking things up. Although that could be my age. Rambling on again - they say everybody has a novel in them - I think mine is coming out on here. Regards Mariner

Hello again, A quick update on this:- First of all I,ve been working away more or less since my last post so I,m catching up myself. We received a letter from Irwin Mitchell. I,ll type it out, I,m still waiting for MY scanner to be returned! ************ 15th April 2008 Dear Mrs Mariner Claimant: RBS Plc. Defendant: Mrs Mariner Claim No: XXXXXXXX We refer to the above matter and your Part 18 Request for Further Information. Given the various information and documentation you have requested, you have not given our client a reasonable time to respond as required under the Practice Direction to CPR 18 at paragraph 1.1. We estimate it will take at least a further 28 days for our client to provide the information and documentation requested if available. As Judgement has been entered, you will not be required to file a defence unless your application to set aside Judgement is successful. Your application to set aside Judgement has not yet been listed for a hearing therefore we do not feel that you will be predjudiced by the unavoidable delay. Please contact xxxxxxx if you wish to discuss this matter. Yours faithfully etc. ********** That was received on the 16th Apr. We then received the date of the set aside hearing on the 17th Apr. It is set for the 28th Apr. - tomorrow. My wife spoke to the County Court re:- the letter above pointing out that they required 28 days more to supply CPR 18 documents and asked if we should apply for the hearing to be put back. She was told that it was £75 and anyway 'they' would apply if 'they' wanted more time. The clerk also told my wife to make sure and be there because the majority of these applications that fail is simply because the applicant does'nt show up. Does this work in our favour ie. Irwin Mitchell/RBS have now failed to supply any documents requested. My original CCA 74 requests were signed for on the 14th Feb so the 12+2+30 days would finish at the end of March. So to sum up:- No default notice. No details of what the claimed amount is made up of and no indication of account Nos.No details about anything at all. No contact whatsoever except what I've detailed in this thread. No response to CCA request. No response to CPR 18 request (so far). Judgement awarded on 5th March after CCA default date. Have I missed anything out? Do you think we have a realistic chance of a set aside? Will my wife be able to ask the court if I can speak on her behalf because although I don't have a judgement against me, there is the same claim against me? Any thoughts or advice appreciated. Regards

Hello again to all, I would like to say this is an update - but absolutely nothing to report!. I have done as advised above. Have had no responses from anybody at all - court/DCA/RBS. Any way my question is that because I have had no response to the CCA request (received Feb 14th.) Should I now be taking further action myself or is it a case of letting sleeping dogs lie? Why am I hearing absolutely nothing - no phone calls or threatening letters? I feel like 'Billy - no mates' . Eek! - rambling again - must lay off the cider. Thanks for listening and regards.

Hello all, Not in keeping with with the gist of this thread - but I've got to get it off my chest.A few years ago HMRC issued a county court threat against me. Subsequently attended Salford CC to argue my case, to find I was too late (They had told my 5 year old grandaughter on the phone, of the change of hearing time.) CCJ against me, I rang the tax office in Manchester to query/complain only to be told that it would cost me a lot to argue with the Inland Revenue. So that was the end of that! They then sent me a £298.00 rebate cheque for the period that was in dispute. Even I don't believe me although it happened to me. I wish I had the advice of this site at the time.( I think that is the moral of my story.) Regards

Hello again - another thought occurred to me. Although I have not had a judgement against myself AND I missed the the deadline for sending a defence.If I sent a defence now including the fact that I have'nt had a reply to the CCA letter would that preclude them getting a judgement against me and then having to go through the set aside procedure again. I would feel much better about all this if I was actually dealing with it in my name instead of in my wifes name. Regards

Once again thank you - more food for thought. I still don't understand why they have gone after my wife rather than both of us. I can think of three possible reasons It gives them a second shot (at me.) They think the ladies are more susceptible to demands (If so I can see from reading on here that they are sadly mistaken.) Simply that her acknowledgement of service was a day late. Incidentally I would think that RSI is very inconvenient (and painful) considering what you do on here. I'm very grateful to you. Regards

Hello again, just an update. Yesterday I sent the form and £75 for set aside of judgement. I'll wait and see what happens there. If the judgement is set aside, doe's that mean the case will be moved to a court in my area? I hope so. Another question:- When I said I had sent a CCA letter, which they received on 14th Feb, I thought that as well as an original agreement, I should also get a statement of the of the account claimed ie. payments charges etc. Certainly the template letter I sent asks for this 'Your obligation also extends to providing a fully itemised statement of account'. Is this correct? I certainly need this to be able to argue my case. Should I send an SAR letter? Having read many threads on this forum now, it seems I am having the opposite experience to many posters i.e a lot of people seem to be harrassed by phone and letter constantly whereas I have received one phone call (25th Jan.) to ask if I had received the claim form, which I had'nt, but did receive it on the 26th Jan. Then nothing until the judgement letter against my wife which was dated 5th Mar. As I said before Irwin Mitchell are the DCA, is this how they operate? What I have'nt made clear in my previous posts is that I am not trying to avoid paying this debt, I just want to find out how the figure is arrived at, and argue about it being loaded with charges etc. I assumed that getting a proper reply to the CCA letter would tell me where it all came from and if they were unable to provide an original agreement then I would be in the driving seat for negotiating payments etc. I am also very annoyed about the way this happened - no contact whatsoever until the phone call and claim within a day of each other - no default notice, no previous contact, no opportunity to resolve the matter. I'm rambling on.....I'll stop now. Any thoughts or information appreciated. Regards

Thanks Paul and Car2403, This is all becoming clear in my head and all paperwork will go off tomorrow without a doubt. Much appreciated, I WILL keep you posted.

Hello again, Yes the judgement is in my wifes name only - I still don't understand why. As I said we both got a claim form, so I sent seperate CCA letters for both of us, and filed seperate acknowledgements of service. I made a mistake in my last post when I said that the current account was mine only - it was originally - but we changed to a joint account. Finances were much easier when I only had a Post Office savings book. Thanks

Hello again, A couple more points have occurred to me. 1. I did'nt make it clear that although I said in our acknowledgements of service that I disputed the whole debt - this was so that it reflected what was said in the CCA letter request ie.'I do not acknowledge any debt to your company etc.' I do however owe RBS something but not the ludicrous amount claimed. 2. I think this is actually two accounts - a loan and a current account which was used to service the loan. If this the case then my wife has been awarded a judgement against her which is partly (I don't know how much until I get the statements etc.) for an account which is clearly not hers - the current account was only ever in my name. Why do you think that only my wife has a judgement? Is this a tactic so they can go after me at a later stage? Is it too late for me to send off a defence if I have'nt had a judgement yet? Once again thanks for your speedy and informative posts, I will be sending the suggested letters tomorrow. Regards

Thanks to all, I will take some time to study your posts and then get back on here. Regards