Hi The Mould, I know Wendy is not around for a while this afternoon but I know she will be so delighted to know that you are still here for her. Unless I am muddled, there wasn't a CCJ before the Statutory Demand; they just went for the Statutory Demand and as Wendy didn't defend, because she didn't know about it, they got the judgment. Hope you are having a better day today. DDxx

Good luck! xx

Hi Sandy, I honestly don't know, but I think you'll get more advice if you change the thread title. Just hit the triangle and ask the site team. Try something like: Will Utility and CT arrears stop house exchange? DD

I have not seen these shops. I am horrified. Are they actually called "Legal High" shops?

BB has told you exactly the right thing to do. They had no right whatsoever to speak to your employer about your personal "alleged" debts, and they know that very well. Please do put in all the complaints. DD

Hi, I should ask for a clarification of this £150 before you negotiate and, as you say, look for any unfair charges. DD

Hi Hermanus, Sorry, I have not been on the forum for a few days. Apart from putting them on the spot by using CPUTR, I would also say: The Waksman Judgment in Carey v HSBC, paragraph 234 (4) clearly states that where an agreement has been varied by the creditor under a unilateral power of variation a copy of the original agreement must be supplied, and it is this that you require them to send you. DD

Hi debtangel, As dx asks, is this Carter? DD

Wendy, I'll read through a bit later tonight, but for now take your name out!!!!! xxx

Wendy, I've emptied my inbox. xx

But Mike, the debts might have been found to be "fact" but they weren't. We surely need to unravel the whole thing? The bankruptcy happened because of the first CCJ which Wendy didn't know about until too late.

We love you too, and if you ever want to let off steam, or I can help in any way, please pm me.. I know Wendy feels the same. In haste, DDxxx

Hi The Mould, Wendy will be soooo happy to hear from you. We have both been very concerned about you and your family and you have been constantly in our thoughts. We are just so sorry you are going through such a very bad time. Sending you love, hugs and prayers, DDxx

Hi, I don't think they will give you all the charges back and then write the balance off at the same time. I think you should start by reclaiming the PPI and charges, and when you have done that you can start challenging the agreement. In over five years here I have never seen a genuine Capital One agreement/application and that's because Capital One know that their so-called agreement did not comply with the Regs of the CCA 1974 so they are never going to let anyone see them. DD

I didn't mean not to claim it at all, I just meant it wasn't the top priority at the moment and if it had been knocked off the balance at the right time then the bankruptcy threshold wouldn't have been reached and none of this could have happened! I think it will have to be an oral hearing too. The question is whether or not Wendy does this herself. I personally think if she can afford it she should be represented. I think a good barrister could win this for her. It's very easy to get flustered, especially if you get an unsympathetic judge, and where Wendy is on dodgy ground here is the length of time before the appeal.

I don't think there is any point in pursuing the PPI now. I am concerned that some of the papers have apparently been lost and they may have made a difference to the order if [this] judge had seen them.

Mike, I agree with you. Wendy needs specialist advice and to be represented by a barrister who knows what they are doing. I do agree with the advice you are giving: Wendy wasn't insolvent so it should never have been bankruptcy. But also there were unfair charges on the account and had these been removed the claim would not have reached the bankruptcy threshold, also bearing in mind that she would have also have argued that the mobile phone accounts weren't owed either.

Hi Hermanus and Slick, I've actually used the CPUTR argument successfully to get Lowell and Cabot to admit they don't have a copy of the agreement, so can't enforce. Lowell made "a commercial decision" to write the balance off. However, I don't quote sections I simply tell them they are "obliged under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) to let me know if they hold, or have ever held, a properly regulated consumer credit agreement relating to the account, and they are equally obliged to advise me if they hold no such agreement." If they don't answer the question I write again and say something like, "This is a simple question. Do you hold...... etc.) I know it won't work for everyone, but it worked for me. DD

Sorry, I posted by accident before I finished! Are there any unfair charges you could have claimed back? You can ask them to stay the claim if you come to an agreement. DD

Hi, I think Andy will be coming back to you, but you have time in hand at the moment. You can, as you already mentioned, call them to arrange a payment plan if you wish

There has been a very long debate on here about when the six years starts. Apparently the date starts at the time the creditor is able to take action against you - after one missed payment, or a certain number of days, etc. There should be something in the term and conditions but often there isn't. I have never been able to find a definitive answer about what happens if they default many months after the last payment. Do you know the exact date the last payment was made? DD

That depends on whether or not we agree with Horsen's interpretation of the rules.

Hi chold4, Just a quick question: When did your ex make the last payment on the account? If they put a default on his credit file and this has now fallen off it probably means the debt is over six years old and statute barred which is a complete defence in itself. DD

Give yourself a little rest, Wendy. We'll be here in the morning. Hugs, DDxxxx

Hello, t_harv,and welcome to CAG! You'll need to start your own thread giving specific details of your debt, the date the account was opened, last payment you made, etc. I think you should call it Claim from Northampton CC - Old Lloyds Debt - 1st Credit. When did you receive the claim form? If you post a link here we'll come to your thread to help you. DD