Hi DD Its late and I have only just found this thread. You are getting some good advice and Dad in particular has made some good points. If she claims that the money was a loan how was it to be repaid. If it was in installments and there were more than four then she needs to be licenced to lend the money and if the rules are not followed the agreement is unenforceable. If you were a director what were the terms of your appointment. A director is an employee of the company and the IR would treat payments made to the employee as directors loans, salary or dividends. If there were no terms then how were you to be remunerated. With no agreement in place I do not see why it would be unreasonable to invoice the company or your friend for the work you did. From what you state the amount of the invoice you raised would be far more than the claim. You can prove the work you did and a counter argument that you were doing it for fun would not easily wash. If the company received payments by cheque even if they were not banked they would be income of the company and to claim in a statement to companies house that the company was dormant whilst in receipt of those cheques would be a serious offence. I believe a cheque is considerd in law as good as cash so she has no excuse. You need time to look into this as a previous co-director so that you can report any mis-demeaners to companies house. There may be more issues but it is late and I am getting tired but my final point would be if you are appearing to lose to try and get the case adjourned due to the delay in providing you with the information. When you are given the full details of the claim you will be in a position to put in a full defence and counter claim. If you walk it and win fair enough but if you are struggling then I think that an adjournment would be the correct thing because the issues are far more reaching than just a simple dubious debt claim. Best I can do at this time of night. (now I have read your last post DD my last couple of paragraphs might not be too relevent at the moment, I read the title and its friday tomorrow. - I said I was getting tired!) Pedross

Several options but not the above. 1. Don't open the door 2. Fit a chain to the door so that it only opens inches and don't answer any questions or hand over any ID 3. Print off the doorstep caller letter from the letters library and hand it over. 4. Shut the door and watch the telly 5. Note the above advice Thats if you ever get one call which is unusual. Pedross

Thanks Gaz It helps a lot, you have made some really interesting points. Did you deal with this yourself or had you got a solicitor representing you because you were lucky to have judges comments like that. I am a bit confused about breaching the data protection act though I don't see why it needed to reach the termination date to pass the data on. I would have thought once they sold the debt they would have also sold all the rights at the same time including your agreement to process your data. I could be wrong about that though. Anyway you have done really well that is a good result, well done. Pedross

This is very helpful Gazza I would be interested to know more information and the end result of your case. Was your notice of assignment and DN correct to the penny or was it thrown out for being incorrect. It is always interesting to hear about actual cases and judges comments. Pedross

You need to be aware that from 6 April 2010, the age you can take your pension, increases to age 55. You can get the information about the lump sum amounts due from the providers but deciding to take the lump sums at 50 is not the only consideration you should make. You need to get the right advice on this matter. Pedross

Hi DD Thanks. But I do not have time to support my own threads at the moment even if I did know how to start one. This is a very complex issue and one size really does not fit all. I started to post on another thread and it got really deep so I cancelled the post. I will add my comments to posts as & when I have positive points to make. Pedross

The Data Protection Act is a more powerful act than it gets credit for. I am currently pursuing this route as a side issue and I am putting pressure on creditors to comply. I am getting an interesting response and will provide feedback if I feel that it will be useful. In the meantime the posts by Lexis & Vint are very positive. Pedross

Good point - I am glad I have not got one then

:-)and your point is? I do not have a clue what you mean! I must be showing my age! Pedross

£4k fom the IR should not be causing them severe problems at the moment unless they are ignoring the IR. The post from CB above is to the point. Its nice to help people who try, but it appears we are trying to help people who cannot be bothered to post but rely on a friend of a relative who met them once. This is serious, if people do not take control of their own lives someone else will. The only advice would be - deal with it NOW. Pedross

Hi Pompey I really like your thread and I am very aware of your personal circumstances. I would like to add that I pass my personal opinion and some people agree with me & give me reps for it and some people don't. I also like to read the posts from soothy which are very informative. The point I am making is that I am sometimes right and sometimes wrong, when offering my help. I would like to have more time to get involved with threads which I believe that I could add value to and I am sure that a number of posters have the same problem. Your thread is at a very advanced stage. You are not desperate for help, which some posters are, but having said that you need opinions to decide the next move. I know a lot of people follow your thread but the answers you need are complicated, in my opinion, so it takes a while to think about offering opinions. I know I am rambling, but I like a beer on a saturday night so please excuse me. I just sense that you want to move quickly and I want to offer my support to you and I repeat what I posted previously and say that I think you should take this really steady. You have time on your side and I think that you will get some good opinions at some stage. The point regarding SAR is debateable because they do not provide the information you might think that they will. In your case if you send off £20 to both companies and expect them to reply with lots of information (bearing in mind the situation) which will help your case is probably wrong. I hope you do not look at this post as negative because I do think that you will win in the end. I am in support and I repeat - time is on your side. Time and tide wait for no man - except pompey! How lucky are you. Pedross

What a fantastic thread. Started by a 'newby' who rightly pointed out it was PR spin by a company who not everyone supports. (well it was until the threads were merged) But then followed up by STARS of CAG and who posted such encouraging posts for all new or existing members to read and to prove that if you think you can - you can! Personally, I believe that the vast majority of agreements are flawed in some way. I also believe that we have not scratched the surface so far. We know the basic flaws and we push on in the belief that the creditors are stupid. We are talking about multi - national companies, are they really that stupid or are they taking the red card for the team! The above posts prove my point - I salute you all. We sometimes get distracted by negative posts from dubious sources but reading the above positive posts leaves no doubts in my mind. Good times! Pedross

Hi PF I dont remember if I have posted before but I have been following your thread with interest as I am sure many people have. You are obviously very excited at the new developments and now have the bit between your teeth so to speak, which is good to see. True pompey attitude. My opinion - you can now pay £20.00 per month for as long as you wish and pull the rug from under them at your leisure. I would imagine that they could purchase your debt for whatever figure they wanted (or were forced) to pay. You would expect it to be 5p - 20p in the pound depending on the quality of the debt. Of course they could pay £1.00 in the pound if they chose, I do not believe they would need your permission to do that. So that would explain why the standing order would be as it is. However, that would also mean that they have taken on the liability for any action you take. You will probably have only one chance now to get it right so get it right you must. At £20 p month time is on your side. Pedross

Hi PH It does not seem to matter if you send a dispute letter or not they still default the accounts and act as if it was not received. I am surprised if they have sent a DN after just one missed payment. It might be just the standard notice of a £12.00 default charge which is different. The DN we refer to is under section 87 (1) CCA. I believe the best thing to do at the moment is make use of the time you have bought and pay the £2 p month. Hopefully, there will soon be some feedback regarding the legality of the approved limit situation which appears to be your main challenge to the agreement and a favourable situation on that could be your answer. When we know decide the way forward. The only other issue at present is the amount of the debt and if you have had any unfair charges added on over the years which could reduce it to zero. That would be the easy way out but from what you have posted it does not appear to be the case. Pedross

Hi Exasp You have asked me by pm to look at this thread and you have posted information regarding the main thread that you did not tell me. dx is obviously a very aware person looking at the posts and has made some very valid points. I did not know you were communicating with First Plus trying to do deals. I am moving along a very defined path and any other route could scupper the plan. You need to get the site team to merge the threads and have patience. Too many cooks etc as dx spotted straight away. Pedross

I meant who sent the copy agreement for £10,200 in post 39 Plus just to confirm - is it possibly your signature on agreement 120 (replacement) The female everest rep must have asked why you were ordering another set of windows 6 weeks later how did the conversation go? When I know the answers I will do another letter for you

Hi Exasp Its getting clearer but the full picture is still not completely clear. You said on post 39 that the first installation (640) was quite large and the second property was less but not according to the invoices. Do the windows and doors tally up with what was fitted to each property. It looks to me as if 120 is property 1 and 640 is property 2. If that is the case could it be that you only ordered a few windows at property 1 to start with and was the order increased before fitting. I take it that you were not at the property when the windows were fitted. The next thing that stands out is that you have an agreement for £10200 which appears to relate to property 2 and which you admit has your signature I believe. Why did you sign an agreement for that amount when it clearly is far more than either one single installation. Did they add the additional windows from the first order onto the second order or something similar. Did First Plus send you the copy you posted up earlier. To sum up it appears that the charging order is for 120 / prop 1 The DMP is for 640 / prop 2 - but where is the correct agreement for £6444 (640) A lot of questions to think about and answer so that we can move forward. Pedross

Hi Jimmy The quick answer is even if they are in an IVA you can still prove they are unenforceable and remove them. You can do it yourself with help from this site. Pedross

Reading your last post I think I should explain something. They have not thrown a spanner in the works they are playing into your hands. They have shown that they are incompetent and are confused about the contents of your file. They have not supplied the SAR and are in breach of the regulations and have not sent a sensible reply to your last letter. I could go on but I have made my point. You should be happy that they are so stupid and if you never hear from them again that will be great. They are not getting away with anything they are just shooting themselves in the foot. Don't let me see you post about stress again its all in your mind. You are in the driving seat at the moment so please enjoy it. No news is good news. Pedross

Hi Well the letters make no sense and the first one looks as if it was written by a 5 year old. It appears that they have allocated a letter from someone else to your file. There is no way you can answer them as they have no relevence. In my opinion you should just wait until they write again. You can point out these two letters to them later if needed. You have written a sensible letter to them and they have not replied to it so it seems reasonable to wait for a reply. The fact is they are still well over the 40 days allowed for the SAR. Pedross

Ell-enn has provided some very knowledgable advice. However, I am confused about the offer you intend to make. If you are offering to repay the whole mortgage with Birmingham Midshires then you may have a chance. If you are only offering to repay what would be substancial arrears plus 12 months mortgage in advance then it is unlikely that they will accept the offer. The only chance is if you have an offer on the table for the whole debt or for more than the other offer that they have accepted. If not I do not think your offer of arrears will make any difference when they come looking for any shortfall. It also appears that this may be a buy to let property so your friend would be an investor and will not get the same protection or consideration that someone losing their home would. Buying investment property is starting a business and has all the same risks as any other type of business. Pedross

And which bank or credit card company will be the first (but not the last) I wonder. Its just a matter of time. Pedross

To be enforceable it must contain the signatures of both creditor and debtor. To be enforceable by a court it only needs a document (application form /agreement) to be signed by the debtor, which contains the prescribed terms. However, a court cannot find an agreement enforceble if certain criteria is not met. Pedross

The next step is to find out who is receiving the payments from the DMP and if it is Cabot or Barclaycard show them the letter stating that they cannot trace the account and ask them to stop paying and point out that there is no reason to pay as there is no account. If they are paying someone else write to them. Pedross

Hi Exasp We seem to be getting closer to putting together a good argument. Did they enclose another copy of either agreement. You basically need to look through each page and do what you have already started to do, check for any comments that add value to what we are attempting to do. You will not find much but the odd point like the one you have found is valuable. We then wait for the reply off Everest and compare what they say to what we understand that First Plus have done. You can then write to First Plus and ask them to explain the areas we are not happy with and not tell them what everest have said. You should not play your hand with FP yet because we are still not completely clear what has been supplied. When we know that it might be clear what has happened. The reply from First Plus will determine the next step. At the moment it does look as if the amounts you borrowed are not the same as the agreements. What does stand out is that you said property 1 had more windows fitted than property 2 in which case is 640 prop 2 and 120 prop 1 which does appear to be the way its working out. We will have to wait for everest. Pedross