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Hello again, When I sent the CCA request to Sainsbury’s I asked for a full statement of account, this morning I received some statements from Sainsbury’s but these are from Sept 2006 onwards and this account was opened in 1997. Can I require them to send all the statements? Cheers, Dogs

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Thanks guys, how on earth did I miss that? The address is very old but the name remains the same. Here it is again. sainsbury's gold card.pdf

Hi again, I have attached let me know what you think when you have time. Thank you again

Thank you for your advice, it is very gratefully received

Yes! I know, two things occur to me, in the some of the communication from the Bank of Scotland my address is incorrect, also I live in a strange place where four houses share a common name prefix with the area and mail is constantly going astray. One person moving house, a property empty for a while, change of postman causes havoc.

Had a Notice of Legal Action from Bank of Scotland in June 2007, did not relate it to Sainsbury's Bank and was a bit puzzled. I then received an interim charging order from Eversheds in May 2008 (they had obviously received a judgement by default at Northampton). Reply from Sainsbury's Bank today with an illegible copy of an application form.

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Evening all Some advice would be welcome; I’m having a tussle with Sainsbury’s bank (Bank of Scotland). They have obtained a judgement by default against me (no documents were served upon me) and so imagine my surprise when they applied for a charge against my property. I have made a CCA request and they are in default from today and I suppose that I now need to have the judgement set aside. I know which form to use for the application but I’m unsure about the argument I should use. Any suggestions would be gratefully received. Thanks Dogs

Evening Docman. Just a fellow traveller doing battle with HFO, I'm less experienced than you so all I can offer is support but you're welcome to that. Best wishes, Dogs

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Ho-hum where to start? There are so many sharks circling that it’s difficult to decide which one I should choose to throw myself in front of. This has been building for some time now, well, ever since my life went belly up at the beginning of 2006. My priorities changed and I ignored the creditors and now I have to engage in a deal of retrospective sorting out. There must be 12 quite large debts hanging over me but I’ll try and tackle them and if I present the circumstances here then with your help I might resolve some of the problems. The first is Barclaycard, I applied for the card in 1997 and managed the account fairly well until June 2006 when I received a default notice from them followed by a number of “we are very worried about this account is there anything we can do to squeeze more money out of you?” letters from Barclaycard and Mercers Debt Collections Limited throughout August, September and October 2006. On 24 October 2006 received a letter from Mercers informing me that Barclays were going to sell my debt. Received notice of assignment from Barclays dated 13 April 2007 telling me that the account had been assigned to HFO services received a further notice of assignment from Barclays on 06 June 2007 letting me know that the account had been assigned to HFO services. Neither of these notices of assignment had been signed, correct me if I’m wrong but are they not supposed to be signed? (Any absolute assignment by writing under the hand of the assignor) 18 May 2007 letter from HFO confirming purchase of the account, 13 September threat letter from HFO , 08 October 2007 implication from HFO that they will take my house, 17 October more of the same only this time from Turnbull Rutherford Solicitors (T R seem well known on this forum judging by the threads). Now here’s a spooky thing, long before I became aware of CAG I must have made my first response to these parasites asking for a copy of the credit agreement. I don’t remember doing so and I don’t have a copy of the letter but I do have their response dated 08 November 2007 enclosing a copy of the original application (this sound familiar?). 17 June 2008 N1 arrived from Northampton by this stage the debt has escalated from an original £7,771.99 to £10,706.04, that’s the thick end of three thousand quid in 718 days that’s £4.00 a day!!! Edit . On 18 June registered with CAG (Hurrah) I’d been prowling around the site like a digital peeping tom for a while and so had a bit of an inkling (what is inkling by the way?) about how to respond. First I entered an acknowledgment of service and gave myself 28 days, 19 June 2008 sent TR a request for disclosure of documents under the civil procedure rules and a CCA request under separate cover. 07 July letter from TR telling me that HFO have requested the documents from Barclaycard (WHAT!!!) and this might take 8 to 12 weeks. 19 July I wrote back to TR thanking them for letting me know that their client cannot supply the documents, quoting the CCA and stating that HFO was in default and would commit a statutory offence by 04 August. I also bunged in statutory notice under section 10 of the Data Protection Act in fact the whole template letter from CAG. Submitted my defence on 19 July also, having looked a little more closely at the forum I should have asked for help because I think it was flaccid just reiterating that the lack of an executed credit agreement made the debt unenforceable. 21 July letter from Northampton acknowledging my defence and on 24 July letter from TR also acknowledging my defence and re-stating that they have requested documentation from Barclaycard. 30 July first phone call from HFO, you know the score by now: HFO “is that Mr Tendogs?” 10d “yes” HFO “It’s HFO here can I ask you a few security questions?” 10d “no” HFO “excuse me?” 10d “you are excused” HFO “are you refusing to answer the security questions?” 10d “whose security are we talking about?” HFO “yours” 10d “are you completely insane?” And so on it goes, anyway 31 July sent anti harassment letter to TR and no more calls to date. That’s as far as I’ve got so far. Any suggestions about what I should do next? My instinct is that this bunch has instigated proceedings without proof that the debt exists and, if I’m correct about the notice of assignment needing to be signed, no legal ownership of it anyway. Like many of you estimable folks I transformed from a wee cowering beasty frit to answer the phone or open letters to a raging abused consumer with my dander (what is dander?) right up, looking forward to the calls and anticipating the next letter with enthusiasm and, well, I’d like to kick them when their down.

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Evening all, new bloke here and I’ve just finished the entire thread and I’m knackered. Like most of the threads I’ve read this one has helped to move me away from some of my more pessimistic ruminations and encouraged a little hope and changed my perspective. As the estimable Mr firewalker describes at the very beginning of this thread, he hung back for a month or more just reading the posts and absorbing the ideas that are so freely shared amongst you all and I’ve been behaving in a similar fashion. I have a mountain to climb but I might just do it with the help of this forum and so I’ll begin my own thread soon with the first of my battles, (there are many).;-) And as an aside, if I’m allowed, a note to Dave FW, during the course of this thread you have stated on a few occasions that you might have a manic/depressive thing going on well it seems unlikely from you correspondence that that could be the case, far too comprehensible and not anywhere as chaotic as would be the case if you were bi-polar. It seems that your mood is cycling and, from what you say, it’s predictable and, I have to say, the booze doesn’t help. Alcohol is a central nervous system depressant and very good at its job, it makes you depressed. Just go back over the thread and note how many times you remark upon drinking too much followed by a report of your mood retarding. God knows I’m not moralising, I’m a Geordie with a genetic predisposition for brown ale and supporting hopeless football clubs, more to be pitied than scorned eh:!: Enough with the preaching already! Drink, don’t drink, just stay around long enough to continue the thread, I’m agog and you’ve had me up all night. Best wishes Dogs

Thank you all for your good wishes; I will begin another thread in a little while.

Morning tifo My, that’s cheered me up no end and there I was feeling quite chirpy this morning. No, of course you’re correct but it’s slightly more complicated than I have, at first, made it appear mainly because I didn’t think that this thread was an appropriate place to lay out the whole issue. I have not attended on one occasion but the other party has never attended at all, my failure to comply with directions was due to inexperience rather than contempt and I think that the judge understood that. On the whole I have found them, judges that is, to be quite accommodating towards me although it is obvious that they consider that I have a fool for a client and they cannot understand why I’m not paying some lawyer to help me.

Good morning. What happened was this, I had the judgement made against me at a time when I was not in any fit state to respond and it not until the bailiff arrived that I was galvanised into action. I searched around franticly for some way to respond and found that I could apply to have the judgement set aside which I did, rather inexpertly. At the time of the hearing I was, once again in a state of despair and failed to attend and my application was struck out. Once again the bailiff arrived and I went through the process again and this time the insurance broker failed to attend and the case was adjourned. Consequently I failed to comply with a direction from the judge and, once again my application was struck out. I have made another application to have the judgement set aside and it is going to be heard again on 01.08.2008. All that is fairly tedious to say nothing of expensive, but I felt that it demonstrated that there would appear not to be any limit to the amount of applications for set aside that one can make. Hope that clarifies.

Evening all, new member blundering in here, but I’ve had some experience of trying to get judgements set aside, from the other perspective however. I have been engaged in a dispute with an insurance broker who is trying to claw back over £6,000.00 in commission from me, I foolishly let this slide and had a judgement by default entered against me. I have made several applications to have this judgement set aside, 3 as far as I can remember, and all have been heard. As far as I can tell, if one has a reason to apply for a set aside there appears to be no reason why one cannot continue to make applications.

I’ve been registered for a while now and have spent a lot of time reading threads, looking at template letters and responding to various DCAs with a new found sense of optimism and control. I wish to thank all those who have, unwittingly, helped me. This is the beginning of a complicated journey for me and no doubt I’ll spend even more time on the forum. Best wishes.