I have a quick question, I had a joint business account with a business partner who has now left the company, we are joint and severally liable for the debt on the account (circa £22k) Do I have the right to just claim 50% back from this individual without company accounts as he is jointly liable? Thanks Donny Boy

Hi I wonder if anyone can advise on this, it actually relates to my father. He took out an insurance policy for illness/sickness/accident 2 years ago, the policy lapsed and he then had a visit from the company to see if he wanted to start it again, he agreed in December 2009, they took a payment, he then completed a DD form which he has a copy of. Payments were then meant to be taken every month however it appears they have not, he is in the process of a claim due to an accident at work and noticed that the payments had not been taken from his account only today, he called the company in question who said as far as they were concerned the policy was still live but would be double checking.. My view is as follows - no cancellation documents or threat to terminate due to non payment were sent by the insurer, the company in question stated the policy was still live, the salesman who visited took the DD documents back to the insurer. Therefore can I have some advice on if they insurer has the right to decline the claim? If :-|they do could the FSA or ombudsman get involved? Thanks in advance guys and gals Donny Boy

Dear all, I would like some advice on the following, it is actually for my wife... details are below. At the beginning of Nov she received a letter from 1st Cred in relation to an old mobile phone contract which they claim she still owes money on. The claim they have been writing to our old address and also made a ludicrous claim that she has also made payments. I know for a fact that she has not had a mobile phone with the company who 1st cred purchased the alleged debt from for at least 5.5 years as i bought a new phone with contract with o2 which she still has.. How do we query this debt and to who? are there any links for letters on Cag? Thanks in advance and sorry if this is in the wrong forum

hi debs sorry for the delay, just seen the post, unfortunately NR have been corresponded with and payments were being made without knowledge of the CCJ. A quick update for you, I have sent for C224 to the court to get it set aside, in addition NR are considering a Tomlin Order due to the fact I could lost my job so they are being reasonable at this time... watch this space!

I think it is just a catalogue of errors, would i be right in saying that you have to send CCJ docs to the address you are residing at? Would I be right in saying that if they had done things properly the CCJ would be at my current address not one I have not lived in for over 5 years? As for moving forward to be fair to NR they told me to go for the setting aside asap due to the job situation so I am hoping I can go for another option with them, ultimately if the judgement is set aside then there is no benefit in them going for another CCJ as i will lose my job and due to other creditors they will not get much, in addition it could be deamed as an unfair oportioning of equity and in turn effecting the other creditors.. i think!

Ok, documents were sent off today with £75 as well as proof from my current council that i have lived at my address for well over 3 years! so watch this space! What will happen at a hearing? will the judge set it aside and instruct Northern Rock to re issue the CCJ? Will he just forward the CCJ from my old address to my new one? Also what will happen to the charge on the property via the land registry

can i do it online even though it is newcastle? and any idea on how long this would take??

debbbbsy... my (female) knight in shining armour!! I am kinda one step ahead, as you can imagine i totally panicked today when I heard all of this, I spoke to the court, the confirmed all relevant details and also confirmed the fact that the address docs were sent to was my old address, I can in turn prove my current address based on council tax, mortgage. It was actually done via a court in Newcastle, this is a Northern Rock Production!!! Do you think I stand a good chance of getting this set aside, obviously the court actions judgement to be set aside based on the law and not pulling on the heart strings however would the current climate and losing my business elemtn be a good one to use while at the hearing or should i stick to the facts?

I guess you should ignore my last post as I am not sure, what is the difference between the two?

I beleive it has already been granted, i just did not realise that in order for that to take place a judgement would have been granted... I am praying you are not going to say that on the basis it has been granted I am done for!

Dear All, I hope you can help me I am in a job that requires a clean credit history, I today received notifcation from my bank that the credit line for my business is being placed on hold as there new credit search facility showed a CCJ.. I could basically lose my job over this... This has come as a very big suprise to me so I need help.. essentially a charge has been placed on my new property!! 1. I checked credit expert, it confirmed that over the past 31 months I have paid satisfactorily with the exception of 6 payments within the 31 months which were late payments of no more than 3 months 2. I was not living at the address where the summons and judements took place 3. I did not receive notification that they were going to commence legal action based on the above 4. My account on Credit Expert shows that the accounts has never been officially defaulted, ie not recorded 5. I have never seen a default notice 6. I did not receive a summons based on the above I have spoken to the court on this and they have confirmed that they did not have an updated address until AFTER the judgement had been made and that the original documentation has been sent to an address that i had not lived in for 5 years and in fact sold 2 years prior to the judgement! I spoke to the company who actioned the CCJ and they confirmed that they new I was residing at a new address as I had confirmed this to them over the phone and they had sent me statements on the account! I received notification from the land registry at my new address saying a charge had been placed on the property however i did not know this was done via a CCJ route!! PLEASE PLEASE help me on this I am so stuck and worried because I could essentially lost my job which in turn means I would lose my home.. what do i do??

so what do i send to the DCA to inform them that i feel the debt is not enforceable and why do i feel it is not?... what are my reasons? Also what do i put in my affidavit? I know i will mention that the credit card company have not sent the Subject Access Request therefore it is in dispute but what else about the non enforceable agreement? sorry i know it seems like i need handholding but i am in a panic and need to get this affidavit drawn up so i can at least forget about it over xmas! ps. i have received the SD so they are trying their luck!

Hi, you are correct this is 1st credit/connaught/mbna. The question is where do i go from here based on the fact I have had a stat demand.. what letter do i send to the DCA if the agreement is not enforceable? what do i send to the court to have this set aside (obviously incorporating what ever letter i send to the DCA)? and once again just to confirm MBNA have failed to response to the SAR (which I will include in my court docs for setting aside).. Advice on this welcomed and really urgent... thanks dan

hi all, I have been following things on this site for a while and have used the information online wisely 1. I recently received a response to my CCA request, they sent what they claim is the the signed enforceable CCA.. I have uploaded this can you confirm if this is enforceable and is what is now classed as a genuine and satisfactory CCA please.. thank you. also 2. I have recevied a Stat Demand today, posted through my door, I sent the CCA request to the DCA (as mentioned above), they supplied some but not all the information, ie just 7 months worth of debits and credits, they have sent me the pre mentioned agreement. I also sent an SAR to the original credit card company and they have not responded.. therefore at this time should I:- a. write back to the DCA and request they send me a full statement of debits and credits during the entire period? b. write back to the DCA and inform them the account is in dispute as they have failed to provide all the info to me c. write back to the credit card company and inform them I am still waiting on the SAR d. request the stat demand be set aside due to points a to c Also just for reference I have been paying the DCA on a monthly basis by standing order and this is also the second stat demand they have sent (i cocked up the setting aside thing last time but the DCA did not move on it for some reason!) Please let me know what you think, I am in a panic before xmas