oh ok...that was supposed to be a separate thread. Can someone please comment on "" In relation to the xxx Agreement, 'alleged creditor' conceded the points concerning lack of provision of a default notice and adjusted the value of their claim as a result. The judge was prepared to accept that the debt was due as a result; " Thanks

Hi Can anyone provide a list (or point to a link) of good defence 'Solicitors/Barristers to help defend against claims made by creditors under CCA 1974 etc.? Thanks

Hi Does this make sense to anybody:- " In relation to the xxx Agreement, 'alleged creditor' conceded the points concerning lack of provision of a default notice and adjusted the value of their claim as a result. The judge was prepared to accept that the debt was due as a result; " To me its saying the creditor admitted there was no default notice, twisted something and the Judge accepted that alleged debt was due. Thanks

Hi Everyone Many thanks for your replies! As mentioned it is a very very long story spanning over 6 years involving a totally incompetent firm of solicitors (no longer around!) who were defending for me but spent over two years lying to me and covering up their incompetences. Once the dust has settled a bit and I get all the paperwork, I will do a write-up. Thanks

Hi Thanks for your reply. Yes, it was defended. Examples of other cases where default agreements had not been issued produced. But Judge said they were not relevant for some reason. So is there anything in law that states a default notice needs to be issued ? Thanks

Hi Is there a legal requirement for a default notice to have been issued before a claim can be entered against you for a credit card debt? If so can you please refer me to the legislation. Its a long story but it appears that a judgement was issued even though the judge was aware that there was no proof of a default notice having been issued. Thanks

Hi Thanks everyone for your replies. Some things to think about. Regards

Hi A default notice issued in 2010. In 2013 debt sold to a third party. Third party issued fast track claim. A defence put in which includes the fact the the DN was defective as it was short by three days. Third party admits DN defective but says they will continue to court and argue that the 3 days would have made no material difference to the outcome. Any comments please. Thanks

signed!

Hi Thanks for your reply. Yes, I believe it is statutory interest. Regards interweb

Hi In spring 2008 I received a CCJ for an HFC cc debt. This was later sold on to Marlins and over the last 2 years my DMC has been making payments. Recently however, Marlins have stated they want to add interest even though previous correspondence stated that no interest was payable. This has caused me to look art the whole thing again. I've noticed that around 2003 I was paying PPI (a company called UNAT). If I was misold this PPI is it possible for me to go back to court to have judgement overturned at this late stage? Any advice on how to handle the Marlin interest or the setaside would be appreciated. Thanks Interweb

Hi An interim charging order was placed on my property in 2008 for a cc debt. 2008 is a bit of a blur as I had 10 collection agencies chasing me at the time etc. I don't believe the charging order was ever made final and indeed I recently got information from Land registry that is still showing it as 'interim'. Shortly after the interim charging order was obtained the debt was sold on and payments are being made to the new owner. However the interim charging order is still in the name of the original creditor. An 'interim' charging order is only supposed to be 'interim', ie for a month or two to stop sale before a court order can be made. Since this interim order is now over 5 years old what do I need to do to get it taken off the Land Registry details? There is another 'interim' order entered in 2011 for a different cc debt. There was going to be a final hearing but my solicitor requested postponement as an appeal was going to be lodged against the original CCJ. In the event the appeal was never lodged. I'm not sure what happened after that as Solicitor was a bit dopey and all court papers went to him. Payments are being made towards this debt BUT no CCJ is showing on my credit report and I still have the interim charging order in place. Again what do I need to do to remove this interim order. And would i be opening a can of worms in attempting to do so?? Thanks in advance for any advice. Interweb

Hi I sent a schedule of costs to the court last week with a copy to the DCA. Received a letter from the DCA, saying they are willing to not oppose the standaside as the proper place to discuss disputes is the County Court, (REALLY!) and wanting proof of my set aside expenses to date. I rang them up and we came to some arrangement over costs they would pay me. I then wrote to the court stating that the hearing was not necessary any more and the DCA would also be writing to confirm. So what happens now?? do they start all the games and harassment over again? Thanks

ok, but they havent said they want to nullify yet. So if they do I can assume the chase will be over.

Hi Thanks for all the info and advice. A date has come through for the setaside hearing. Do i now send a letter to the court with a copy to the DCA detailing expenses that I would like to claim? Thanks interweb P.S The alleged debt is just over £1k and I am about 100 miles from DCA offices. Is there any chance at all that they would attend the hearing, bearing in mind that my total debts make their alleged debt look like a drop in the ocean and i have no assets.

What costs can be put down?

I dont really know as the SD is dated 28th April but I didnt receive it till the 5th May.

Thanks.

Hi Thanks again. No I have not acknowledged that I have received the SD. It was sent by normal post and I am have been telling them for the last two years that I deny the debt etc. etc. As it was sent by normal post, it would appear this is just a threatening move (the alleged amount is just over £1k) as would they not have to prove that I received it if they were to take it further? But the other posts I have read seem to imply that I should go for a standaside in any case. So you seem to be saying that just saying that the account does not belong to me may not be enough and I should elaborate more. Surely if i say the account is not mine, they will have to furnish some proof that it is mine and if the conclusion is reached that the account number somehere got changed and this account number does on fact refer to the orginal account number then the process will have to start again and I can bring in all the points that I have mentioned before. I dont really want to open a can of worms unless I have to, if you see what I mean. Regards Interweb

Hi Ok, thanks for that. The particluars of claim mention a card number that was not my card number and my reason for setaside is that I have never had a card with that number. Do I need to go further into it or is this enough? I did originally have a card with the card provider, it was a different number and I have dispute with the original provider as to whether a final payment was accepted or not. Also the cca request produced a document that did not contain the prescribed terms etc. This is the account that appears to have been passed on ot the DCA but with an account number I do not recognise. Thanks

Hi Thanks for all the advice. I am going to take the setaside to the court tomorrow. What happens then? Will there definitely be a hearing, or only a hearing if the DCA decides to take it further. If there is an automatic hearing, who pays the fees and when should these fees be submitted? Thanks Interweb

Hi Passing on an alleged debt to a DCA even though it is clearly in dispute. In another case, failing to provide under a CCA request for 3 years or so and then providing a so called reconstituted agreement which is clearly false as the interest rates dont match up and then harassing me. Thanks interweb

HI Thanks for that. Just one last question. Do I need to make an appointment when I take the forms into court to make the 'sworn' statement? Or can I just turn up? Thanks

Hi Great thread! What is the process for seeking compensation for breach of CCA regulations? Thanks

Hi Thanks for all the info. I'm confused as to what process I have to follow to have it set aside. I can download the forms I need. Do I just fill them in and take them to the court or do I need to book an appointment with someone at the Court? When the forms have been sent is there a hearing, or will there only be a hearing if the claimant decides to press ahead? Thanks interweb