Some questions - 1. Who are 'they'? 2. Are there any secured debts on the property (other than the mortgage of course)? 3. Would there be any cash left over if the house was sold and the mortgage repaid? 4. Who pays the mortgage? 5. Have you discussed this with the mortgage company? As the house is jointly owned any creditor - and the Official Receiver - has the right to claim your husband's share of the property. (Normally half, unless the split was not half each but this is very rare and would require a separate agreement). It is possible to 'buy out' your husband's share to give you sole ownership. The amount you would pay would be half of the amount in 3. above. Naturally if there isn't any spare cash then your husband's share has no value and the whole exercise becomes irrelevant. Any deed of assignment would require the permission of the mortgage company and it is far from certain they would give it. Mind you, if I was them, removing a bankrupt from a contract would seem to be a highly desirable thing for them to do if it means that things will revert to a peaceful state where they are being paid. However it may mean that the mortgage is surrendered and a new one taken out in your sole name. Naturally the mortgage rate will be reconsidered, and almost certainly not in your favour. Whatever course you take will almost certainly result in some unavoidable solicitor's fees. You have our sympathy ...

42man, it hasn't been served yet! But when it is then you're correct.

A bit tricky this. If you are now aware of something about the facts of the case that you weren't aware of at the time you can apply to have the judgment set aside, Naivete does not count I'm afraid.

The freds website is also quite interesting. One of Fredrickson's sister companies is one which is also well known on CAG - SRJ!

Also, from their website -

Try this one - FREDRICKSON INTERNATIONAL LIMITED FIFTH FLOOR 7-10 CHANDOS STREET LONDON W1G 9DQ Company No. 02679522 PO Box 260 Weybridge Surrey KT13 0YH Tel : 02031 478 000 http://www.fredricksoninternational.co.uk

Solicitors always want to win. How they do it can be (as you have found out) very sneaky indeed. I would try to have this set aside saying exactly what you have described here as your reason for defending the claim. You may not be successful though.

Yes, it's a public registry. It can be legitimately searched by anyone. There is no obligation on either the Land Registry or the searcher to advise you of any search.

I should add that BACS have a 'real' website where there is a little bit of useful information - Bacs for consumers This page in particular should help you - http://www.bacs.co.uk/Bacs/Consumers/DirectDebit/HelpCentre/Pages/IncorrectPayments.aspx

Presumably you completed a direct debit mandate. Now is the time to take advantage of the guarantee : ring up your bank now (Sunday) and say you want a full and immediate refund of the amount removed from your account. The d/d guarantee quotes 'full and immediate' so you should get this without any problem. Today. Meanwhile, back in the real world, you will have to fight to get your direct debit back. Making double deductions is a very good reason, and the bank should be able to see the two deductions on their copy of your statement. As for the guarantee you will find that 'immediate' means 'when we get around to it' or 'when we finally have to admit defeat'. You will be asked to provide proof, documentation etc., none of which is required by the d/d guarantee. You should also cancel the direct debit - in writing and delivered by recorded delivery. If you go into your branch to deliver it by hand ensure you get a receipt. If you have any trouble at all with your bank refunding the direct debit you should advise them that you will be lodging a complaint with the BACS service [this replaced the old APACS organisation]. The BACS address is - Bacs 3rd Floor Livingstone House 12 Finsbury Square London EC2A 1AS http://www.thesmartwaytopay.co.uk/ [The only telephone number I can find is an 0870 number for their service desk]. Their web site is mildly interesting but also misleading.

By asking for details I would imagine you are not acknowledging the debt - or at least your liability to repay it. Depends how you have worded your request.

How have you responded to all the letters etc. that Red say have been sent to you? Since we are getting very close to the sixth anniversary of the debt when the debt will become statute barred can you find or recall the exact date when you last made a payment? This needs to be an exact date.

I had a similar experience with Callcredit but eventually got my money back under a chargeback through the credit card company. Perhaps it's time to report these people to the OFT and Trading Standards.

If you browse around here you will find Fredrickson's name pops up regularly. You might even come across some of my posts ... Fredricksons is the debt collecting arm of Bryan Carter Solicitors in Weybridge, Surrey. BC is known for dubious tactics. Fredricksons are known for employing people who, probably because the poor education system in this country, are unable to read. Much like any other DCA.

This is a lie. You should and must make a complaint to the Information Commissioner about this.

That's not the one I recall but the principle is the same.

Hang about ... you've started another thread about this. Best to stick to one thread to save confusing people.

As far as your husband is concerned you can rest easy. Your debts are your alone. They cannot take his property to try and satisfy your debts and, if they continue to threaten to do so, you should report them to the OFT. As far as Ruthbridge goes it appears you know what this is about. The first step is to write to Ruthbridge asking for a copy of your credit agreement as provided by the Consumer Credit Act. The fee for doing so is £1. You must send your letter by recorded delivery to ensure Ruthbridge cannot deny receiving your request, and in any case you will need to know when they received it because they have 12 days in which to provide (plus a day's post at each end). You should also stress strongly that the fee is for paying the prescribed for for the credit agreement and is not to be used in paying off the debt. Finally - but you've probably guessed this anyway - do not speak to them on the phone. If they ring you then refuse to answer any identity questions. If they persist then just hang up (it is not illegal to do so!). It is normal for debt collection agencies to bully and threaten you, and this can be very stressful if you are not accustomed to it. Sadly many regulars on here are used to it and know how to respond.

If you can get the amount below £750 by the time the SD is due to be heard then there is no case for it to be granted. I would watch out for additional fees being added just to get it back over that limit.

How was this posted. Perhaps it didn't arrive until tomorrow - after you had left to go to court. Otherwise I would ask for an adjournment as you certainly have grounds. Alternatively you could ask for the 'new' submissions to be discounted as being sent too late.

If a bailiff is calling then there is a county court judgment (CCJ) against you. It may even have been to the High Court. Are you aware of any such judgment? Are the Marston people calling themselves bailiffs or high court enforcement officers?

The debtor and the creditor come to some agreement and the creditor does not pursue the SD/bankruptcy route any further.

Do you know if Mr Munn has his own website? Some solicitors have a some website software where they can bung a persons name, address and other details in and it will initiate a letter to the recipient as though it was being sent from the solicitor. In reality the solicitor knows nothing about the details of any letter as the process is all automated : only the creditor (or DCA) knows about that. The creditor is billed a small fee automatically for each letter as well. Perhaps Mr Munn has a system like that.

I think you will find that you have made a 'gift' to Fredricksons. Write it off and move on.

If you've kept the receipt for the postal order then you can check whether this has been cleared. I don't have the number to hand but as a last resort ask for it at your local Post Office. Perhaps people here can help.