This very interesting indeed. What's the background to all of this given that the few dates I found are all in January 2008?

The best place to find about legal aid is her local court. Beware there is a lot of financial pressure not to grant legal aid so you might have to be very persistent. Additionally it is possible she may not even qualify at all. But you have to ask the question. As for the CCJ : when was judgment issued? where was it issued [probably Northampton CCBC]? how much was it for? was she aware of the claim at the time it was issued?

The Consumer Credit Act 1974 states that you are entitled to a true copy of your executed agreement. Somewhere there has been a ruling (OFT I think) that a 'true copy of the executed agreement' can be interpreted as 'a copy of a blank agreement that we might have been using at the time'. Insofar that a blank agreement form is not executed this ruling doesn't seem to make sense. But whoever said the law was sensible... This why you should make a DSAR under the Data Protection Act if you actually want a photocopy of the original agreement that you signed. The latter is what the creditor will have to produce in court, should the matter go that far, and you specify that it must be produced.

Was the payment schedule part of the judgment? Or was it negotiated after the judgment? If it was part of the judgment then they can go hang. If they want to change the amounts they will have to go back to court. Do nothing for the moment. They might even threaten to take you to court, at which point you can fall off your chair laughing. SRJ, bless their cotton sox ... what would life be without them.

1. The Virgin credit card scheme is run by MBNA. 2. First Direct is part of HSBC. MCS is a subsidiary company of HSBC.

It is in breach of the County Courts Act which states that claims cannot be divided. There is a thesis (untested in the courts) that the Act is not breached until the second claim is made. If this is true (and I'm personally taking this stance) then you can pay off the amount claimed in the first claim knowing that the claimant cannot claim for any more. In effect the claimant is letting you off the amount not claimed for in the first claim. In your case this would be half of the debt. In my case I've been let off a much larger percentage.

For £1 ...

CCCS and National Debtline are both genuinely helpful. There are other sites and organisations that can (eg. your local CAB) but these two are probable the pick of the bunch. Unfortunately they are also very busy so you might have to wait for them to deal with you. www.nationaldebtline.co.uk https://www.cccs.co.uk

Well done! I have a TrueCall unit. Quite useful in the right circumstances. Unfortunately, being an honest soul (no, not a sole ...) I put on all my letters that calls will be recorded. Sadly no-one calls me anymore.

One small point : MBNA ran Abbey's credit card scheme for them. Underneath it all there is only MBNA involved. As has been pointed out the debt would appear to be statute-barred. Unless of course MBNA can prove you made a payment after they say they 'took over' the debt.

Only if their claim is successful. As for keeping the fees down this is Bryan Carter's excuse. In practice it means keeping his fees down because, although you will have the liability of paying them, you probably won't in practice and he will have to.

I'm afraid you have to give it back. Legally you have no right to it. Sad but true.

They are colloquially Robbers Way. That might find a few more threads.

The clue is in my comment - 'tried'. Ensure there is a chain on the door. The kids can be a bit of a problem though.

The faulty hearing aid trick is a nice one as well.

Don't be too bothered by this. Firstly it probably won't happen. Secondly if someone does call they have no authority whatsoever. You can entertain them - and be entertained by them if you wish. I would hope they call just at the point where your daughter is rehearsing her role in the nativity play and you can ask them to stop and watch - it will naturally take many hours to get right. Of course they wouldn't be so rude as to decline the invitation would they. Alternatively you could be ill and need some work done around the house - cleaning the toilet is the obvious one. Or perhaps climbing on the roof to adjust the TV aerial (oh, it doesn't seem to have much effect ... aah, I forgot, we're on cable now). etc.

Don't be too sure. He's tried it twice with me.

As you note MCS is a subsidiary company of HSBC. HSBC is no more a 'client' than I am, MCS is simply another department of HSBC. As such they can pass the matter amongst themselves to their heart's content. I'm surprised you haven't had contact from DG solicitors (another part of HSBC). It can't be far off.

Something else they lie about ...

Have you heard from any creditors that MDB are acting on their behalf? In other words do they have the authority to take the actions they taking and threatening? If you haven't heard of them or from them then I would tackle this issue first. You will have to do this on a creditor basis. Sound like nice people ... perhaps I'll get to meet them one day ...

2. Not that I'm aware of. Draft up a letter saying basically that, as you are the administrator, you must have proof of any outstanding debts and therefore you now request proof that Mrs XXX owed anything to M&S. Flesh this out. Put it up for review if you wish to do so. 3. On the basis that M&S are behaving unreasonably. On reflection this is probably better direct to the OFT. As you are the administrator then you are the one calling the cards. You should deal with it as best you can : honestly and honourably but cautiously given your lack of (understandable) experience in these matters. Don't be afraid to ask advice. Talk to a solicitor if necessary - but don't let a solicitor take over (they will be rubbing their hands with glee at thought of the fees they might get so you will have to be firm about this).

You say you applied for the hearing to be postponed. How did you do this? Was your request ever acknowledged?

The dates are a bit puzzling - why is everything dated in June? The letter from Drydens is quite straitforward and makes good sense - they have requested two hearings which had been allocated to two different dates. All they are asking for is for them to be held together. There is nothing to be worried about by them asking for this. What is worrying is their asking for summary judgment. I'm not sufficiently knowledgible to be able to comment about this aspect. As to the order dated 17th June : when did you receive this? Have you complied with your part? If not, then this might explain the application for summary judgment.

I would be worried about the threat of distraint, but not unduly so. They do this to my wife every year but don't carry it out. That isn't to say they won't do it your case of course. Keep talking to them. Unlike debt collectors they don't and won't go away, but they can be pacified if you 'show willing'.

Rates : she may be liable depending on your local authority. As occupiers of the property you are of course liable, however our local authority chargs only half if there is no business being carried out there. The lease : speak to your landlord. He will be pretty annoyed I guess but at least you've been honest. It gives him an opportunity to re-let the premises with a minimal loss of income. I would also discuss your situation with a solicitor. Business matters can become very difficult very quickly. It also helps to have correspondence sent by a solicitor.