Do you sport a hair style to match your name?

I think it's quite hard to get judgments set aside after some time, however, it depends upond the grounds that you might have to aply for the set aside. Do you have all the documents relating to the original claim? We'll need to look at things like default notice, notice of asignment, etc, etc. If you have these you need to remove personal information from them and post them up on the thread, you can use Image hosting, free photo sharing & video sharing at Photobucket to do this. If you don't you need to to send a Data Subject Access Request to the DCA and get your hands on what ever information/documents that they might have.

Morning and welcome to CAG. Firstly the burden of proof is with them, they can huff and puff all they like but they have to demonstrate that you owe them anything. Could you post up the agreement? You'll ned to remove all your personal details first, you can use photobucket Image hosting, free photo sharing & video sharing at Photobucket to scan your documents into and post them from there. Someone will be along to take a look and let you know what to do next. By the by, in what way are they threatening you?

I'd come with you but I suspect that they're there already, waiting, lurking, building small nests and reproducing.

Good on you, see you tomorrow. Night night, up the wooden hill.

Good news, but not for the debt collectors eh!

It's hard not to play these people for fools, however, it seems odd that any one ringing you should ask security questions. I think I would be telling them that I have only their word that they are who they say they are and that I have no intention of giving out information that might jepordise my security and they should know this and can I speak to their supervisor.

Evening SO and welcome to CAG. First, on the whole I think it's best to maintain your payments, it puts you in a good light if you follow-up with action against these people. Second, I don't think you are in the best forum for these questions. I'd head over to the "Legal Issues" forum (just up from the Getting out of Debt forum) and start there. Third, post up one thread for each case and, if you can, post up all the relevant documents using Photobucket. It's dificult to have a judgment set aside after a charge has been made, but, it can be done. Post up the details on the legal issues forum and DocH might pop along (good on set aside). Remember remove any and all personal information from documents you post. I'll look in tomorrow night.

Hi and welcome to CAG. As for the form, it certainly does not seem to have the prescribed terms required. Why did you send the CCA request to the Nationwide in the first place? If you can let us know that then it might point us in the direction of the next letter.

I think that you start by writing both to your bank and to the post office, give them your details and the time, date and location of the transaction. Include a copy of the receipt and ask them to resolve the matter. Put and get everything in writing for reference. Let us know what happens.

A quick update on my CL HC claim. I just went with the simple "I have no idea what your talking about" defence and made a counter claim for £90 LIP costs and sent back my AQ. HC returned their AQ but failed to pay the fee and so the case was struck out and I got my costs. I have no doubt that they will come after me again and so I've sent them the letter sugested in why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement. They have untill tomorrow to respond to my second letter and so I'm off to court to file my application on Monday. I'll keep you updated.

Good has to be yorkshire bank who have just opened an account for me and Mrs dogs and given us a debit card. I suspect that bad will be yorkshire bank in about a year or so.

Is that you going in or are you the one coming out?

GB I will defend with my life your right to spout whatever you feel you need to spout. Any way book worm, you did plug, and, you have no shame. You have my support for what it's worth.

Monica Lewinsky is most certainly not Black

On the face of it the debt should be over the statute limit of 6 years. Can you give us some more detail and post up the letter with all your personal details removed. (use photobucket for the post)

Evening EOTR what a horrid time you're both having, I can only begin to imagine how things must be with your OH pain and your supressed mood. I'm not an appologist for medicating or the way that GPs sometimes go about it and having both your psychological problems and your husband's physical and psychological problems to deal with it seems that just giving you a selection of SSRIs and pain killers may not be addressing your health issues in enough depth. Do you have any support apart from your family?

My understanding is that when the debt is asigned then all of the rights are included in the sale I should think that would include the charge.

I'm using Paul's template with CL finance, they have failed to respond to the first and their time is up for a response to letter 2 on Friday. Off to court on Monday to file my N244, looking forward to it (you stop shaking after three or four cases Red), (or three or four bottles of red).

Oh! yes CapQuest, please

Had a quick look and it seems OK but you've left a signature visable on the document and so I'd take it down and re-post.

Doc & 42man thank you for your imput and I will proceed as sugested. I'll post up any response that I get from them.

Have a look at this: PART VII DEFAULT AND TERMINATION Default Notices 87 .—(1) Service of a notice on the debtor or hirer in accordance with section 88 (a " default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e) to enforce any security. (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. 88 .—(1) The default notice must be in the prescribed form and specify— (a) the nature of the alleged breach; 52 (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; © if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed. (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes Operative only on breach of some other provision, but i£ the breach of that other provision is not duly remedied or compensation demanded under subsection (I) is not duly paid, or (where no requirement is made under subsection ~1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it. (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid. 89 . If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

No idea but I'll bump this post.

Evening ck&ll any movement with this?