Goodness me, what a dreadful story and I agree it is ridiculous! I am so sorry that you have had all of these problems. I hope you are in a better position now. You do have to wonder what is going on with this country when somebody is made homeless due to bank charges and failed PPI insurance. This is absolutely shocking! I cannot see any reason why you cannot claim back the charges. If you go to the library on this forum, there are step by step instructions on how to do this. It is likely that the DCA (debt collection agency) will try and return you to the OC (original creditor), but you need to be absolutely sure that it is the DCA who has added charges rather than the OC. I will also issue an SAR to the loan company with whom you had the insurance. You need to see the policy. You could also refer to the Financial Ombudsman. They will try anything to get out of paying the insurance so you need to establish what the policy contained. Further, if you have had charges on a bank account, you will hopefully be aware that the current High Court case between the OFT and the banks currently prevents you making a claim. However, in your situation, you have a genuine case of hardship and the bank concerned will have to consider your case sympathetically. Losing your home would be considered a serious hardship case, I would have thought! This is another reason to get in touch with the FOS (Financial Ombudsman). I wish you lots of luck and I hope you manage to get back on your feet. With best wishes, Corn x:)

Have been celebrating your win all afternoon so about to open second bottle.....only for an extra glass you understand! What a star! Hugs, Corn x:)

Hello all, thank you for your lovely posts! I decided that I had previously been extremely frustrated when a marathon thread became a dead end and that would be unfair, so propose to keep you all updated on developments! The Barrister, we shall call him JG, who is absolutely superb, has agreed to take my case on sight of my bundle. So, he is working on it right now and I will keep you posted with updates. What is interesting is that JG was on holiday when this all happened and because the timescales were tight between his return and the need to submit the defence, he advised me to write to the opposite side's solicitors and request an extension of seven days. I did this but have heard zilch. I am flummoxed as to why a huge claim like this was not only submitted via the bulk centre but online too, no supporting docs and POC's that ran to all of around 50 words ie : our client has a genuine commercial interest, please pay or else. That was it, in a nutshell. I expect they thought I would just roll over in fear and come up with some sort of proposal. Not likely. So, lets see how this develops. Hope, I will reply to your email, have been run off my feet with one thing or another and am STILL in sweaty gym kit (but not the one from the other day:rolleyes: ). Regards, Corn x:)

I am in exactly the same position with Goldfish/Cabot. It is a disgraceful state of affairs. I was in correspondence with their legal department as they have only been able to come up with an application form and they also sent me 456 (yes, four hundred and fifty six) sheets of current, generic terms and conditions along with 456 of their "The Facts" leaflet. They will know who I am if they read this! Their last communication to me was "Without Prejudice" which was a very peculiar thing to do, if you ask me, but I believe now that all of this is because they were being taken over by Barclays. I am livid at such underhand behaviour and they know it! I suggest you CCA Cabot and issued a SAR to them too, for good measure. May I also suggest that you check your account number on your last statement or card, with the account number quoted by Cabot. You may be in for a surprise. Regards, Corn x:)

Hello PT, thank you, I will start a thread, I am just biding my time at the moment, but will let you know what is going on. I will PM you when you are receiving them again with some additional general information (how cryptic!!). Regards, Corn x:)

Well I have been absolutely glued to this thread for the last hour or so, fascinating reading. Well done to you girl and what a great team effort! This has been very interesting to read as I have a similar situation with somebody and the reverse of the "agreement". I have put your thread in my favourites for guidance. What a fantastic result! Regards, Corn x:)

You're welcome, but I feel bad we didn't have time for more help on this to be honest. Hopefully better prepared when hearing comes forward. Thank you for the click and I wish you loads and loads of luck with this, I know how scary it all is! Please please don't leave any time between receiving and opening your mail or delay letting us know!! Look forward to an update soon. Thank you for the click.x Best wishes, Corn x:)

In my defence, I chose to use the word "disadvantaged" but Docman has chosen a different way. It basically means that you cannot plead a full defence because of lack of co-operation from the Defendant. What a bum about the dates. You do know you can request an extension from Arrow but I think this would probably have to be in writing. An application to the Court would cost £75.00 (I think that is how much it is). Look, it is very late to be doing this so I would do your level best with the defence, you will have opportunity to add to it and provide supporting evidence at Allocation Questionnaire stage. What you don't want is an automatic CCJ. You are a litigant in person and I am sure this will be taken into account. Have you checked what time the Court closes today because you want to be 100% they have got it???

No, don't say it was a credit card agreement, say that you simply have never had loan agreement with MBNA and leave it at that. Did you read my post about the dates for your defence (one post back), could make all the difference to rushing this out!!!

Yes, the LLC would be Limited Liability, but in this Country I believe that only applies to Partnerships. Anyway, it is going to look dreadful on them in Court if the only address they provided was unoccupied. Mind you, their solicitors are just as bad and have not answered any of my correspondence either. A total of 26 to date. They are an American Entity, they are part of the Sallie Mae Group of Companies. Regards, Corn x:-)

You beat me to it! I was just chopping up my own defence docs to put on but these are actually quite similar. I think that a default notice was received though? Also, I was advised that I could provide back up information with the defence, by a lawyer, although you may be quite correct in what you are saying. Obviously at AQ stage, Libra will be able to add other things. I agree with you re : timescales - Libra, when exactly was the date actually on the Court Claim documents? You have 5 days for service and after that is when your 28 days starts. So, say they were dated 28 March, you would have until 1 May to submit your defence. Could you clarify please? Regards, Corn x:)

Well this is a very interesting thread! I have written countless letters to Arrow Global at Mortimer Street and have not received a single reply, even to my SAR and my CCA requests. They have now issued a claim on me via Bradford County Court (?) under the name of Arrow Global LLC but the address is Bedford Row. I have never heard of the Old Bailey address. They really are a disgraceful shower......

Right, personally, I would, given how late it is, type up and fax the document actually. This way you can include your letter to Arrow and you can ring the court and make sure they have got it. I think it is very important that the court know they have not answered your questions under CPR because you are at a distinct disadvantage at this stage. The outcome of this hopefully will be that the court will stay the case and order Arrow Global to comply with your request and you will then be able to submit an amended defence.

Sorry can you clarify. Are you talking about your acknowledgement of service? This is where you say you are defending in full, or not or whatever the case may be?

Hi, it is outrageous that they haven't replied to you. I suggest you submit a defence along the lines suggested above and enclose your letter to Arrow Global and state that because they have failed to reply to your queries under the Civil Procedure Rules, you have been disadvantaged as a litigant in person and cannot submit a full defence. Alternatively, you can ring Arrow and tell them they because they haven't replied to your CPR letter, you require a further 7 days to submit your defence. If you apply to the Court to do this, it will cost you money. It is all a bit late in the day isn't it??? Draft something up and we'll have a look at it today. Regards, Corn x:(

I certainly think the Guardian (only because they have a history of being interested in social justice consumer issues) are worth a try and Paul Hetherington who writes in the Financial Mail in the Mail on Sunday. What about Watchdog? I am not a press officer so these are suggestions, but I would have thought should be given due consideration if the OP on the other thread is open to the idea! Regards, Corn x:)

I agree, I have just posted on the thread. Shocking beyond belief. However, I do wonder if, under the circumstances, it would be better for the OP to refer to his orignal CAB adviser, because it appears to me that the usual routes we all take may be extremely difficult for him to undertaken given his physical condition. I suggested the press too! What a shocker! Regards, Corn x:)

I am so sorry to hear of your predicament. It is sickening. There are lots of things you can do for yourself, but this will clearly be very difficult under the circumstances. I would also refer this back to your original adviser at the CAB. This is a disgraceful situation. Do you know, I would also be minded to take this to the press. Halifax will not want that sort of publicity, but I really would give it due consideration. Such behaviour ought to be publicised. That is just my opinion. Tony Hetherington from the Financial Mail is a good "peoples' champion". Call your adviser as soon as you possibly can and update us on what they now advise you to do. With very best wishes to you and your family, Corn x:)

I am really sorry for the late reply but have been out after work! Right, so MBNA assigned the credit card, Arrow have said "loan" which is clearly a mistake and they have inflated the balance by rather a lot! Have you SAR'd them??? I can help you put a defence together, but how long have we got? It sounds to me as if you have a defective default notice aswell. Can you dig it out? I would suggest a simple defence along the lines that, you, the Defendant is unable to submit a full defence due to the confusing nature of the Claimant's claim. You can write a simple two lined letter to Arrow's Solicitor saying that you need to take legal advice but your Counsel is unavailable until x date, therefore would they agree to an extension of seven days? Can you submit the SAR immediately, if you have not already. Let me know and I will get back to you. Regards, Corn x:)

It appears to me that Arrow are undertaking bulk litigation at the moment as I have recently received a claim but under different circumstances. It is difficult to advise how you should formulate your defence as I am slightly confused as to what their claim is? You are saying it's a CC not a loan? It contains substantial charges? Could you clarify? Also, ring the court and check exactly what day you have to have your defence in because the risk is you will receive a CCJ by default if you don't adhere to the timescales. Regards, Corn x:)

Fred, hello stranger! Get your personal details off the T&C's will you? Regards, Corn x:)

It will also, eventually, alert the DCA's to such strategies and give them reason to close their "loopholes". A difficult call, because I, for one, am DYING to know!!!!

It is WAY WAY more than £1K. I have PM'd you. Regards, Corn

I have absolutely no idea, really, not a clue. I have sent two CCA requests, one 16-odd months ago and one about a year later. I have also SAR'd them twice. Nothing. I have proof of postage and receipt. I have tried very hard to engage in dialogue, but they have completely and utterly ignored me. I have an excellent defence (I believe!) and I will PM to tell you why as the matter is subject to litigation and I would prefer not to post on a public forum. Regards, Corn x:)

Hello Bertie, I assume curiosity has got the better of you, as you appear to want to stay in the relationship but do ask yourself the following; if you are having to keep things back about yourself and your finances and he is lying about money already, do you really think it is worth pursuing in the long term? We could, of course, both be completely wrong but your gut instinct is telling you something and I would listen to it! Also, do you have proof that this ex-partner existed? Are you absolutely sure that the £40K was to buy somebody out? Are you sure there couldn't be gambling debts, or an addiction of some sort? I am starting to sound like Take A Break Magazine:D but something is very wrong here and six months isn't a very long time to get to know somebody, certainly not long enough to consider moving in together. Glad you have your head screwed on, do keep the thread updated as I am very intrigued now!!! One of the mods might move it elsewhere though, as I think this is in the Welcome Forum and you may need to be somewhere else. Best wishes, Corn x:)