Hi Your advice about using CPR prior to judgement is great. However for those of us who didn't find CAG in time, Is their any clause which allows it to be used after judgement, when applying for a set a side & the bank is refusing to comply with the CCA request, because in their words "the judgement is now the agreement & they do not have to comply". Debs

I'm sure someone will come along, but I'm sure in the consumer credit act, there is the "unfair terms & conditions" clause. So even though it is in the contract you can still challenge the rate increases. Especially at a time when interest rates are falling, & lenders are being told to pass these on to the consumer, your friend should challenge the increases. Debs

"Historic internal administrative practice" Oh well thats okay then, the fact that they were doing it all the time, to other poor sods like us, must mean its okay. Debs

Does anybody really have any faith in the Information Commisioners Office. Is it not becoming abundantly clear that rules created to protect & help the consumer are interpreted by these organisations to the advantage of the bank or its solicitors. All I can say is the RBS's solicitor complied, I think they did so because they believed they had done nothing wrong. The question has to be asked. Why is this Solicitor withholding data ? They obviously do have something to hide. Debs

Still no comment from the Rbs about the article. But they got a call from our local newspaper yesterday, & again they are refusing to speak about what theyv'e done. This article will be published on Tuesday. If they think that by ignoring us that we'll just go away. They are wrong. Debs

Hi, We did a DSAR on the RBS's solicitor in April , they complied. I.m certain if they could legally withold it, they would have. The data supplied has been a great help towards our fight against the bank. If a company holds data on YOU, regardless of who supplied it, then legally they have to comply with your request. You could speak directly with the The legal Complaints Service, this is an independant government body. They will atleast be able to give you the name of the person responsible for handling complaints at this Solicitors. I suggest you resend the DSAR, don't be fobbed off by this LIE. Good Luck Debs

hi, before you open these accounts in your maiden name you really need to check when the CCJ's were issued. They may disappear off your credit file, but that does not mean they have disappeared altogether. These companies are doing searches all the time. If your married name is credit worthy, why not keep it for a bit longer. Debs

I think your right, she needs to open another account. Aslong as she is paying into this account, Lloyds have control of her money.They will give themselves priority. Once she has moved her accounts, she can then make offers of reduced payments. Debs

Hi, Because the CCJ is only 3 months old, you can sort this out. You can apply to the courts for a set a side [N244 form from the courts]. But you will need to get all the facts together first. Judges can be ....unpredictable. You need to do a SAR on the DCA to establish exactly what this debt is for ? Also do a CCA request. Send Postal orders, & don't sign anything? If you didn't recieve the court documents, then you didn't get a chance to defend this claim. Speak to the courts, explain this. They tend to be quite helpful. Debs

This is a brilliant site, people using CAG to avoid paying back money they have spent undermines the integrity of the forum. If you have spent the money, & can afford to pay it back then you should honour that agreement with the lender, whether or not they can provide a copy of the agreement. If however, the lender is not playing fair, ringing you up all day, threatening you, not listening to your pleas for help, Adding excessive interest & charges. Threatening legal action, when you simply can't afford to pay. Then....fight back & use the forum for help & advice.

What an utterly rediculous statement to make Mr Lex. I came to this site because I have a genuine dispute with the RBS, over excessive interest & charges, lying & potential fraud. But according to you this is meaningless. The way a bank/lender conducts itself is unimportant to you, what counts is only whether or not they can provide a true signed copy of a credit agreement. Is this site is about debt avoidance or geniune financial claims ?

I watched this programme, yes they did highlight the nasty tactics that DCA's will go to, & these cases need to be addressed. Genuine cases of hardship & mental distress need serious action. However, the couple who had over £100K worth of debt, but were able to use the consumer credit act to write off these debts, they weren't using it to claim back excessive interest & charges, they spent the money,there still living in there luxury apartment, this is debt avoidance at its worst. I thought this forum was set up to help genuine infair charges & not avoiding your debts.

Paul, fantastic news , nobodies gagging you. Well done Debs:D:D

Hi, Its really important that you sort out the CCJ ASAP. If you are not making payments towards this, they WILL go for a charging order on your house, by the time they add all the court fees & there charges this debt will more than double. You can phone the courts directly, from my own experience, they are normally very helpfull. If you were denied the opportunity to defend this claim at court, if you weren't sent the correct paperwork , you may have grounds to have the CCJ set a side. Goodluck Debs

Hi, Firstly,the council debt is a strange one, its more of a fine than a debt. Hopefully someone with legal knowledge will point you in the right direction on how to resolve this one. The next step for these companies is to threaten you with further legal action. If you own your own home they will go for a charging order. If you have no assets, & your income is so low you can't even make a token payment, they can't make you pay what you haven't got. However, the court judge has made a ruling against you, & ignoring the bank or a DCA is one thing, but these court rulings will follow you around forever. Debs

Hi Sue, I'm sorry but judgement will not be set a side because you say you can't afford to pay. You can only apply an N244 if you can prove the judgement debt is incorrect, or if you have discovered that it is made up mainly of interest & charges which you now believe are unlawful. This problem is not going to disappear, ignoring the court bailiff is not helping. Each time he visits your debt increases, his costs are added to the debt. Give us some more details, & help will come. When did they get judgement? Was it a credit card or a loan?How much are they asking you to pay each month? Debs

Hi, oh my goodness, no amount of debt is worth losing a life over. Although I have no legal advice to offer, as a parent my heart goes out to you. There are people on this site who can help you to resolve this. Do not be bullied by these people. From now on do not speak to them on the phone. All correspondence should be in writing, and sent recorded delivery, keep copies of everything. At the end of the day, if it did go to court, the judge will only make her pay what she can afford. Thats assuming they can enforce the debt in court.Once judgement is granted unless provision is made in the agreement the debt will be frozen, thats the law whether they like it or not. And tomorrow send your SAR for every account she has in her name. Good luck Debs

Hi, Ok, you should have recieved a County Court Summons prior to the CCJ. This would have given you a case number, the court at which it will be held & the date. Attached to this would be the Particulars of Claim. You then have either 21 days or 14 days to reply [it depends on how you recieved this], the summons gives you the opportunity to dispute the claim. From what you have said, you were denied the opportunity to do this. Find out which court the CCJ was granted. Contact them directly, from my own experience the court staff are very helpful. Explain what has happened & find out why you have not recieved these legal documents. The same applies for the charging order. You have been denied your legal right to defend this claim at court. You can apply an N244, a claim to set a side. Ask questions & the advice you need to win this case will follow. Debs

Hi, If your name is not on the deeds to the property, then the threat of a charging order is unfounded. Also, they have to gain a CCJ against you first, & without a True copy of your credit agreement they can't legally enforce the debt. If they did supply the agreement at court, taking into account your current circumstances, any payments towards a CCJ would be small, & unless it is stated in the agreement, the debt would be frozen. Any threats are simply there way of bullying you. Don't be afraid of these people. Enjoy your time with your son, & don't let these people upset you. good luck Debs

Hi, If they do obtain a CCJ against you, the judge will decide what your monthly payments will be. As long as you comply with this ruling, they CANNOT go for a charging order. I think your focus needs to be to fight the CCJ. When is the court date ? Was this a loan or a credit card ? When was it taken out ? Has the bank issued you with default notices ? The more info you give, the more advice you'll get. Debs

Please Fraccy, listen to jon, I can assure you, of all the advice you have recieved , his will be invaluable. You are fortunate that he has responded to your thread. Debs

Welcome to CAG, From what youv'e told us so far, the Debt may be statute barred. Once you get the data back from your SAR you will be able to see what has been going on. Its really important that you do this ASAP. As for the CCJ, you should have recieved papers from both the court & the solicitor, giving you the date of the hearing. This would have given you the opportunity to defend. Also once judgement was made, you would have been ordered to make monthly payments, you should have been advised by both the court & solicitor what this amount was. Once you default on a CCJ, only then can they go for a charging order. If the correct procedures have not been followed, then this will be used in your application to have the Judgement set a side. For the time being, don't worry. This will be resolved, but it may take time to get all the info you need for your case. But I can assure you 100%, any threats by this company to make you sell your home are empty, no judge is going to grant an order to sell. Good luck Debs

hi, RBS have already fallen foul of the Money Laundering Act in 2002, the FSA fined them £750,000 for failing to keep the correct data. http://www.fsa.gov.uk/pubs/final/rbs_12dec02.pdf You may find this interesting. Debs

Hi When were the accounts Opened ? Debs

hi, They can only apply for a charging order on your property after they have obtained a CCJ, & the judge will only grant the charging order if you do not comply with the courts judgement, & then only in extreme cases will they force a sale. I know this from personal experience, the judge said at my charging order that in the current financial climate, if every CO became an order to sell, they would be putting 1000's of people onto the streets.He told the banks solicitor that he would grant the CO, but on the condition that they could not apply for an order to sell. debs