Hi Andyorch Thank so much for that link. Very interesting reading

Ok Thanks

Hi Andyorch As you can probably guess we are not on good terms so it’s not that I could have a sensible conversation with him about it but I would be very surprised if he would be in a position to do so. He is over 70 and his health is not good He is likely to fight it all the way and I know he will do all he can to stop it as he is living in a property and an area he cannot afford without my investment My other option is to sell my portion of the property. Do you know if this is possible as I do know of someone who would be interested? Cheers

Hi Andyorch Thanks so much for your reply Yes we are definitely tenants in common. He has 70% I have 30% Not only do I want my money out of the property but I also want any association with this man to stop as I do not trust him in any which way. He currently lives in the property and I know he will be down valuing it as we speak. Is this something I can do easily myself? Thanks to him I am living on a very low income and cannot afford unnecessary legal expenses. Thanks again

Hi I wonder if I can get some advice please? I part own a property 30% me 70% estranged father in law It’s been a messy business but I just want done with it now and need to figure out the best way to end all ties Can anyone tell me how I go about getting my share of the property and my name removed from anything to do with this vile man? Thanks so much for your time

Hi I wonder if anyone can give me any advice here please? There is a house very close to us that is listed and on the Buildings at Risk register. It is falling down and has been empty for some years. I remember the property being on the market for far too much money some years ago and it never sold. I have been doing some research and the owners have 7 Charging Orders and many more restrictions on the property although they never actually has a mortgage on it. It would appear the couple have now left the country and the property to fall to rack and ruin. I can imagine how things just got on top of them and it was easier to run away but this house really does need looking after. I should also imagine with so many people having an interest it would be a complete nightmare to try and untangle the mess and the owners probably would end up with nothing so not worth all the hassle and stress. Does anyone know the rules about such situations? If the owners were to sell at a low price (bearing in mind they are no longer in the country) would they still be chased for the outstanding balance? I'm wondering if I could make them a silly offer that they may be interested in just to get it off their backs. A couple of the restrictions are from the local council who it would seem have spent money securing the property in the owners absence. I also wondered if they may be for the outstanding council tax which must be continuing to add up. Thanks for your time reading this and any advice would be appreciated. Cheers Cupcake

Can I just pick up on this please? I was under the impression that a NoA had to come from the original creditor? Thanks and good luck G Cupcake

Hi Guys How is everyone? Things have changed so much with these threads now I no longer know if the information is even relevant! Can anyone please tell me if the advice given on here would still stand today? ie agreement doesn't have the prescribed terms and the default notice was faulty so once they terminate they have shot themselves in the foot. The account has been sold on and the new owners are trying to take me to court (not sure what they think they are going to get from me - v low income and no equity!) but I find it very difficult to keep up with the changes that have gone. Every thread I read gives different advice! Thanks for reading this CC

Hi Folks! This account has apparently been sold to Sigma and I have received a letter today saying as I have failed to make payment they are going to issue court proceedings. I have another M&S/Sigma account that they tried to issue court proceedings on which was a reserve account and their claim was only for costs - they seem to have gone away since I filed my defence. I was just wondering if things have changed with these accounts. ie this was a store card that they changed to a credit card and I'm pretty sure it was decided some time ago that they should never have done this without signed agreements. Is this still the case or have things moved on? I don't know whether I should write back at this stage to avoid the hassle of dealing with a court claim or if I should just wait and deal with it if/when it comes along? Thanks guys CC

That's great advice thanks Andy Cupcake

Hi I have spoken to the court today. They have confirmed that the case is stayed as I have filed my defence and they have not replied but she advised me that if they decide to go ahead in the future it will be sent to my local court. I can apply to local district judge to get it struck out if i want but she seemed to imply it was a waste of time. I am keen to get these people of my back so am thinking about strike out but I could do with some advice on this please/ If I apply for strike out and win (I assume it's fairly straight forward being that they have totally ignored my written requests for information on this account) can I claim back the £75 cost as well as my other costs? I am far from flush so to find the £75 would be hard but if I was confident in getting it back it would be worth it. Also although I have told them to not contact me by phone they are still calling me 3-4 times a day. Is there any more I can do about this? Thanks guys Cupcake Ps I am thinking any money I can get back in charges for my time (I think it's £18 per hour) should be donated to this site - I have had so much help over the years and although life is still very hard we are learning to live with it and be grateful)

Thanks guys for the feedback! So to get the claim stayed they have to agree? So get the claim struck out I have to pay £70 ish? If I then get it struck out can I claim my costs back from them? Cupcake

Hi Guys So... I sent my embarrassed defence on 090812 and so far have not heard a thing (except my phone ringing several times a day!!) HL ;egal/Sigma and M&S have both so far ignored my requests for information. I have had nothing from anyone. Am I right in saying once my defence is in they have 28 days to decide if they are going ahead? If so what do I do now that 28 days is up? Thanks for all the advice Cupcake

Hi Guys So having read lots of threads although I haven't got answers to all my questions I am confident that handling it they way I have handled others in the past. I am defending the claim. I am going to send Sigma the standard CPR request letter giving them14 days. I am going to add a note at the bottom asking them to agree to an extension for filing my defence. I am SAR ing M and S (I intend to check their records for any discrepancies or mistakes they made in handling/selling on my account) I expect Sigma not to replay to my CPR request or acknowledge my request for an extension to file my defence. In which case I will file an embarrassed defence explaining that I have no details. If anyone sees any fault in this route I would be pleased to hear them and also if anyone can shed any light on my initial question about Sigma being in Jersey (I remember reading something about Varde being in Ireland and that they should not have been allowed to buy the debt?) Good luck everyone I will keep this thread updated. Cupcake

Hi Donkey B Claimant Sigma SPV 1 Limited St Helier Jersey care of HL Legal & Collections Redditch POC's as follows: Part only of monies due under regulated Credit Agreement number xxxxx between Marks and Spencer Financial Services plc and the defendant the benefit of which was assigned to the Claimant on xxxx. The agreement terminated upon the defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by Marks and Spencer Financial Services plc The Claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07 Any payments or queries should be directed to the claimant on 01527 586594 (Phone) or email: [email protected] Thanks for your time Cupcake

Hi Guys It's been a while but I have today received a court claim from Sigma and HL with regard to an old M&S account. This was not a standard credit card account. It was what they called a reserve account. I had a cheque book and could draw down on it by writing myself or anyone else a cheque. Things went badly wrong in 2009 and I defaulted on all my unsecured credit accounts following the CCA request route. They did send me what appeared to be a microfiched application form in 2009 along with some t&c's that didn't appear to be part of the same document (my application form was portrait and the terms were landscape among other things) I sent a letter saying as the document was not legible I considered it unenforceable and gave them 21 days to send another legible copy. Before they received my letter they sent what at the time was considered a defective default notice and then a reply to my letter stating the considered it enforceable! Several DCA's and final demands later in January this year I opened a letter not addressed to me but to someone I had never heard of at my address (I recognised the letter as DCA) the letter quoted my account number and my outstanding balance but was in this other persons name telling them the account had been sold to Sigma back in December. I then 10 days later got another letter from Sigma explaining that they had made a mistake and they attached another letter from M&S (with the new date) telling my account had been sold this time my name was correct! So anyway todays claim is for interest only on the account since sold to Sigma at 8%. The total is for £299.99. I have dealt with a couple of court claims in the past but am a little rusty these days so I have a few questions. Any advice would be very gratefully received. What I have done in the past is requested information under SAR and filed an embarrassed defence as they do not comply with my request. This has always worked in the past but as I say things have probably moved on in the last year or so. Is this still the basic way to go or is there a better route? Another couple of points I am wondering about but don't know the answers to.... I cannot get this interest to work out. I apparently owe a little over £5k if I work out 8% pa then divide it by 52 and times it by 29(the weeks they've owned the debt) it is more like £250. Can I insist on a breakdown of their workings out? Am I right in saying they cannot claim for any more if this claim goes ahead? If so should I think about paying this to then stop them from claiming for the balance? But if I do that does that mean I am acknowledge=ing the debt and that the 6 years statute barred rule starts from now? There was some talk some time back about it not being legal to sell to a company not registered in this country. Is that the case if so are Sigma registered here although their address is in Jersey? Thanks so much for your time again guys. Cupcake Ps a link to my initial thread in case anyone is interested http://www.consumeractiongroup.co.uk/forum/showthread.php?197653-cupcake68-Vs-M-and-S

Hi Guys It would appear that Egg have sold my debt to Barclaycard. is this the same for all Egg accounts? I'm assuming it is. Does this affect my situation at all? It was Egg that issued the court proceedings so if I defaulted would Barclaycard have to start again or can they continue with the original claim? The letter mentions them re assessing my payments when they are ready just wanted to know my position before that letter arrives. Thanks Cupcake

Hi BB I can't offer much advice but the situation with mine is a default shows on my credit file on 301009 filed by Varde/Experto yet the DN sent from MBNA was dated 091109 and said it needed to be paid by 261109. The POC's state that Varde bought the debt on 261109 so definitely seems something a bit dodgy going on! It seems to me that Varde must have owned the debt by 301009 in order to be filing defaults on my credit file. It might be worth you checking your credit file to see if they have done the same to you. Is your solicitor Hegarty? Cupcake

Good Luck BB Sorry to highjack your thread but I have a very similar case and my defence is also due on Tuesday! I have sent CPR request and SAR to solicitors, Varde Experto and MBNA so far the only response was from Experto who admitted they have no paperwork! I was going to file an embarrassed defence tomorrow but reading this thread now wonder if Blueboxs actions would be better? I wonder if anyone is free to have a quick look at my thread and advise me please http://www.consumeractiongroup.co.uk/forum/showthread.php?198121-cupcake68-Vs-A-amp-L/page2 Thank you Cupcake

Hi Minmoo I CCA'd A&L in march 09. The finally replied in June 09 enclosing a stack of terms and conditions and my current staement of account. The covering letter said "we are sorry we have not been able to send you a photocopy of the original agreement but hope that you will find the enclosed copy clear to read and sufficient to your purposes. I can confirm a copy of the original agreement has been requested for you and should Alliance & Leicester be able to provide us with a copy we will forward it to you." Which was all a bit odd because the letter was from Alliance & Leicester! That was all I heard until I got the default notice in Nov 09 asking me to pay by 261109 Then in December 09 Experto wrote to say Varde had bought the interest of MBNA in the account and as such are now the legal owner of my account. Under the terms of this assignment Experto has been appointed by Varde to recover outstanding sums It wasn't until last year I discovered Experto had filed a Default on my credit file back in October 09 (before MBNA sent me a default!) Cupcake

Hi Guys An interesting reply to my SAR sent to Experto! They "do not hold your original documentation. The information we can supply will therefore be limited to that held on our screens. We do not hold a copy of your agreement of (I think they mean or!!) other documents sent to you by MBNA. Please advise whether you wish us to proceed with us (Their spelling mistake not mine!!), or whether you would prefer us to return your fee, so that you can direct your request to MBNA. You may of course submit an application to them as well as us" So.. Am I right in saying they cannot take it to court if they do not have agreement? I assume I write back and say yes I do want to continue with my request and their time is running out? Thanks Cupcake

Thanks Caro I will have a good read! Cupcake

Thanks BB I understand what you are saying but am I not right in thinking if Experto issued a default on my credit file before MBNA had even sent me a DN then it would appear they had actually already sold the debt? I can't imagine Experto would spend time marking peoples credit file with defaults if they didn't own the debt? We'll see what the CPR and SAR requests highlight! Cupcake Ps good luck with your case do you have a thread?

Any further news on this? I have had the same dealings with MBNA - they sold my account before they even issued the DN! But they have now taken it one step further I have received a court claim for two accounts added together! Not sure how I defend as no one seems to have got this far! Cupcake

Me again! Just found a little note in my file!! Experto filed a default on my credit file on 30/10/09 Their letter of assignment was dated 07/12/09 and the default I received from MBNA was dated09/11/09 stating I had to pay by 26/11/09! Seems a bit smelly to me! I think I should SAR them immediately (didn't do it for some reason before!!) and see what it brings up! Am I missing anything? Cupcake