The Northampton CCBC is a call centre/administration office. There is no court located there. To confuse matters slightly there is a Northampton County Court (which is a court) at a different address. If you've filed a defence online then your case should be transferred to your local court automatically. Incidentally, when did your mum last make a payment? Is it possible that the debt is statute-barred? You say that your mum sent letters which weren't answered. Were these sent to MBNA or to a DCA? There are several DCAs who act for MBNA - Equidebt, Arrow Global etc. Were these letters actually signed for? - check royal mail's website.

You can find the Act here - Results within Legislation - Statute Law Database You'll have to do a quick search through the index to find the bit you want.

Yes, you're right - something I wasn't aware of. This extract is from the Government's insolvency website- (There are some additional points about the EU but this isn't relevant to your case). see http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankruptcy.pdf

If you send your request by post it costs £2. If you sign up on the website then you sign up for 12 months for a large fee. You get a reduced/summarised report immediately, although this is usually of little value. As mentioned above you can cancel within one month and not be charged anything. However, although I have no proof, I believe that such applications are saved and then sold on for junk mail purposes. Either way of course you are confirming your address and possibly other details.

It simply means that you can ask them for the proof that it was delivered to you (ie. served). Such a document should have been sent by recorded delivery or special delivery (used to be called registered delivery). Virtually nobody does so. Hence there is no proof of when the letter was delivered, if at all.

Perhaps not. Welcome to the Motor Insurers' Bureau

Sounds like a pu t to me. Any such claim would have to be suppoerted by the appropriate documentation. You are fully entitled to ask for this. Who/what is the 'Motor Insurers Bureau'? Sounds like a claims management company to me.

If you don't give notice that you are defending the case, then Yes they can. You should have defended it I'm afraid.

hth

If they are required to issue a DN and haven't done so, or unable to prove that they have done so, then you case is in fact strengthened. Now that you have defended the case you must stay on the merry-go-round until it finishes if you want to maintain any credibility at all.

Fraud has been a crime for a very long time. I haven't checked but perhaps there was a previous Fraud Act which was superseded by the 2006 version.

Err, why would D & B carry a greater weight than Companies House? In any case 'business' can be carried out by sole traders, partnerships, charities and various other legal entities apart from companies. And as for 'honour' ... that is a long forgotten concept and, I would contend, no longer relevant. I'm not quite sure where all this is heading but I'll go along for the ride.

Why don't you ask the council? Or, even better, that part of the government that authorised your housing benefit.

You can't 'go bankrupt' in the UK as you are not resident here and do not have a UK address. If you did live in the UK then Official Receiver would take your unsecured assets and your income (over and above what you need to live) and pay off your creditors on a pro rata basis. As for 'Would they force me to apply my 5000 AUS to this particular card?' Firstly, if the money was in the UK, then it would cease to be yours at the point of your being declared bankrupt because such assets immediately belong to the Official Rceiver. I doubt whether the Official Receiver can touch funds that are overseas or even if he has the power to do so - check out the insolvency web site. Secondly any such monies are apportioned pro rata - you are not 'forced' to pay any debt specifically. In any case this is academic because you are non-resident.

I'm not sure if the expertise on CAG extends to this type of query. It's certainly well beyond anything I know about. Sorry. Have you asked your legal representatives?

This is misleading. You will not have a CCJ set aside solely on the grounds that the claim was sent to the wrong address. You will also need primie facie grounds that would have enabled you to have the CCJ set aside if the claim had been sent to the correct address. In this instance the OP does.

CAUTION! The Statutory Demand can be set aside IF there appropriate grounds. And this is a big IF. The first point to consider is that the SD must be properly served on the defendant. In this case the claimant appears to have sent it by recorded delivery. If the delivery hasn't been recorded then it hasn't been delivered. Hence, my recommendation would be not to go to the PO and collect the item. If the PO try to deliver it again then you can quite legitimately refuse to sign. Ultimately the PO will return it to the sender. At this point you do not even know the contents of the letter - or even that it is a letter. It is pure speculation that it is a Statutory Demand.

I'm not an expert in any shape or form - it hasn't happened to me or anyone I know. This sounds as though they want to consider imprisonment for your husband which is an option for those who willingly and intentionally won't pay up. As this doesn't apply in your case I would rest easy on that score. But you will need to have all your documentation ready in order to support your statement of your circumstances as you will, at least initially, be treated like a common criminal. You will have to face some firm, maybe even aggressive, questioning until the facts of the case are accepted. As a side issue I would welcome the option to be imprisoned. It costs the state a lot of money to imprison people, and (depending on where you are) the local papers would love this sort of news. Some national papers would also be interested. On the down side they will take a tissue sample to obtain your DNA. If you are eventually convicted you will have this on file for some time (until it is 'spent'). You won't be able to go to the USA and some other countries because of your conviction - and some of these countries don't even subscribe to the principle of convictions being spent - you have them for life. These things may or may not be imprtant to you.

In our local county court all you do is make an appointment. There is no 'filing' as such. You will need to bring all your paperwork to the court in case the judge wants to examine (this doesn't always happen but you need to be prepared for it). You will also need to prove you have taken advice. This would be in the form of a letter from CAB, National Debtline, a solicitor or similar. Finally you will need to pay the fees in cash. No other form of payment will be accepted. There are two fees : the court fee and the Official Receiver's fee. If you are on benefits or are otherwise destitute then you can apply for exemption from the court fee - see form EX160 on the HMCS website.

So do the DCAs by the sound of it ...

A&L almost certainly won't have recordings of your telephone calls, although they will have notes. These notes will probably bear little relation to the actual conversation but rather their perception. These are usually highly biased. Nasty people IME.

Your argument is with the ambulance driver and the hospital, not with your bank. I don't think you will get very far by claiming the withdrawals were unauthorised. Did you want to be left to die on the street? Mind you I fully understand your comment about Thai people assuming you are rich. Banks of course have actually no sympathy at all (depite their claim to conform to the Banking Code). All they want is money. Your circumstances are irrelevant to them.

huntersinn : the deadline for having this Statutory Demand set aside is approaching rapidly. Hence we need to get moving. Can you help with the answers to the following - - when is the Statutory Demand dated? - when exactly did you receive the Statutory Demand? - how was delivered? - have your tried ringing the contact? If that person answers then just hang up. If someone else answers then ask for the person named on the SD. If the person is not available or if no-one answers at all then that can make the SD invalid. - is the amount claimed correct? - do you know where you local County Court is? The debt is not statute-barred so you obviously cannot use that as grounds for having the SD set aside. There is now insufficient time left to request any documents that could be relevant , and in any case it appears from what you have described that procedure carried by Capital One and Capquest is correct. Another poster has rightly pointed out that Capquest, by offering a settlement amount less than is now being claimed, have no real intention of proceding to a bankruptcy petition. However we still need to deal with the situation as it stands at the moment and try to get the SD set aside.

A Statutory Demand is the required precursor to a bankruptcy petition. Telling the OP to ignore it is grossly irresponsible. I am well aware that the creditor probably won't proceed with a bankruptcy petition but this is not guaranteed.

If you last made a payment in 2007 then the debt is not statute barred.