Hi smileychick123 just wondering how you got on today & hope it went ok for you....

How about sending them a subject access request they will then have to provide all the statements for you. Its strange the acct is closed & paid off one minute then seems to have a balance/amount owing again the next???? Do you remember paying any sums to this acct or by a miracle did it happen as if by magic (money got incorrectly credited to your acct by some other means kinda thing???)

the thread also contains on posting 24 by PT what the language of a default notice should be based on inc the way it should be framed/lettering etc, may be worth you scrutinising it against your copy....I hope you have some flaws to it after all. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca-2.html#post1540178 Hope PT will jump onboard for you....in the meantime do also have alook further at posting #178 onwards too http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca-9.html#post1738026 should continue to prove useful information I hope.....MDAW

Yes hence the rolling eyes wondered if what PT had posted was what you were looking for confirmation of y'see

Hi fretful 38 with regards to your DN as long as these words are on there....... "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH and IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY], may be compliant.....pt2537 states it here & the case law you may be looking for http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/145452-stayingcalm-abbey-no-cca-5.html#post1697843 Hope this is some of the information you were wanting confirmation of.

My mum has lots of pre-existing medical conditions & in her late 70's last time I got her an insurance policy from intune travel which wasn't too bad a price & could be done online too without having to go through to a helpline going through lots of medical questions like lots of other travel ins co. (which can be tiring!!!) Have you tried googling cancer travel insurance, to see if perhaps you can get something fairly reasonable that way, hope you get something sorted for him soon or even better find he may be covered already on one of his bank acct card/policies.

They should be grateful in todays climate that you are able to carry on paying what you have originally agreed. I cant understand why its gone on to the next stage for you unless they have sold the debt on for peanuts. Perhaps the DCA seeing how obliging you have been so far thinks with a bit of bullyish behaviour may get even more out of you & in addition to this stick a further 2k on there thinking you wont act either. As Miss muppet said.....definetly send the SAR as this should flag up any discrepancies...

This link has lots of info on notice of assignments of debts that I think you will find useful, hopefully you can respond back to them with some of the info gained from here... http://www.consumeractiongroup.co.uk/forum/legal-issues/256369-notice-assignment-debt-property.html

Hi smileychick123 I cannot really offer anything from a legal point of view only to give you my thoughts on reading around the forums & having gained knowledge that way in that it is rare for a judge to grant a sale order esp if there are children living there so hopefully a no sale order will be granted. Having written to the court to show the lengths you have gone to so far in trying to resolve this matter should also go in your favour maybe worth asking the judge if he/she could set an installment/consent order that you can make monthly payments to your dad in until the time is right for you to get the remortgage sorted. Showing willing should also go in your favour? Obviously the repayments must be set at a rate you can afford so it may be worth you filling in an I & E sheet to take with you to show how much you could afford too, then as long as you are maintaining some form of payments in the meantime fingers crossed it shouldn't go any further:idea: Hope this info helps & good luck for tomorrow MDAW

You would definately be better in a DMP who can sort it all for you. We are with Payplan who got our interest stopped as before that I had tried to do it by myself, it meant having to submit everything under the sun on I & E to alot of them aswell as having to deal with the constant phone calls from creditors too. Once it had got underway in the DMP it all went smoothly after that altho I know some creditors can be awkward in not wanting to accept low payment amounts. (MBNA from experience & I know HSBC are another one) not sure about some of yours tho....but hope you get it sorted.

We had problems trying to get our council tax backclaimed one time & despite chapter & verse giving reasons they dont budge on backdating very easily & didnt in our case either. What they are after you for seems to be your prev years council tax since you moved in Jan (Jan-Mar 2010). This should only be that £95mth amount I should have thought!!! We still owed a balance going into this months Aprils council tax period and had rec'd a final demand in Mar for what was prev owed, if you give them a ring they may be able to arrange the overdue payments over 3mths adding it to your new council tax bill year, but they only tend to do this overdue payments up to June tho. If you can get your paperwork sorted asap, it may sound alot of money to fork out at first but then it will sort itself out eventually when they have assessed your claim, good luck if you have got reasons for requesting why they should consider it being backdated to Jan especially if you had a birth & new baby around that time & having moved into the property etc in the scheme of things hadnt been something at the forefront of your mind (but I wouldnt hold your breath as its like getting blood out of a stone dealing with them!)

Hi Kel, hope you had a nice break away. I take it you are not going to appeal since the 21 days have passed now. Have you rec'd a forthwith judgement, them wanting the payment immediately? If so the next thing if you have property would have them possibly applying for an interim CO so they can secure the debt & applying to the Land registry. You may want to consider applying for a variation of order on form N245 where an amount of payment can be determined & if a fee remission is applicable for you fill out the EX160 to go with it. You can put your I & E on this inc what you also pay to other creditors in your payplan arrangement. I hope you get it sorted. MDAW x

Sorry to hear of the predicament you are in, I wanted to say how marvelous you seemed to have done so far in coping with payments to each of your creditors alone, I can see you have tried to do your best despite the trying times you must have been up against. Did the Judgment come in for the full amount outstanding right away? If so do you own your own property as the next thing they usually go for would be an interim charging order as ultimately they want to secure the debt and will apply to the Land Registry too. You will see a lot of threads regarding them on the forum so do read around to gain some knowledge in fighting this every step of the way & fill out the N245 if you can, this may determine payments back to them at an amount you can afford, and help in your favour with the judge. I am in a DMP with Payplan & like you MBNA/Restons were the only creditor who was also unaccepting of our payments, but just wanted to go for the juggler instead I hope you get it sorted MDAW

In my case I hadnt stopped paying them something as they were being paid in my DMP (Payplan)still did the dirty tho!!!

As Dotty50 mentioned it just sooooooo brings home to you what your up against in court on the day when you dont have a judge that is fully aware of the CCA. Desperate danielle you make a good point about having a petition, its about time it got addressed I for one believe in justice hence happy to go on in my appeal. It would certainly save alot of time & money then on everyones part. So if a creditor hadnt submitted there paperwork on time, they shouldnt be allowed to get 2nd/3rd chances to still be able to submit things when timescales have not been adhered to, the system should recognise that fact & chuck out those cases from progressing thus bringing everyone/everything into line as the judiciary system should be !!

Jason, I have pm'd the_shadow to pop on by to assist you on your consent/tomlin queries in more detail. Maybe his experience of one will help you further on this. MDAW

Hi Yeats, had subscribed to your thread & was wondering how your appeal went on today, I hope it went ok for you and look forward to your write up soon.

Hi ODC regarding this notice of assignment information useful for redminx too, is this something that a DCA should have to produce to you or should it have been flagged up in a SAR? I'd be interested to know this info too as Link / 1st credit are some of my husbands DCAs & wondered if a CCA has been produced where therefore can we obtain this notice of assignment so we can see if they have a right to collect the debt...is there a letter/procedure we could use in order to wean it out of the DCA's? Thanks

Hi R just caught up with your Appeal news, thats absolutely brilliant You have been truly amazing & an example to us all to have battled on staying strong & determined in your fight....you are admired so much. I hope to be able to rejoice in such an outcome in my appeal one day so always good to read such positive news on how it is done & how things can be turned around. Really pleased for you big time.... MDAW x

Hi Jason have you pm'd the shadow, as mentioned he'd done one so he may be able to advise you more on this?

We were recommended by our debt management company Payplan of a company called whoslending one time ....you could try them?

A consent order is an agreement between both parties that is drawn up and signed by both parties, its then sent into court and if the judge agrees becomes binding on both parties... Usually its confidential and yes sometimes its called a tomlin order. There is normally a caveat in the agreement that states either side can apply to court if the terms are not kept to. Shadow done one with Crapone and found it fine. It needs to be read properly and you need to make sure you are both agreeing to the same thing, i.e. it has to be explicitly stated for it to be bound to. Could they alter the monthly amount without your consent No, not without your agreement, hence the consent bit. A Consent Order if drafted in the form of a Tomlin Order acts as a stay on the proceedings and should contain words specifically stating that the action is STAYED on terms. If it is a Tomlin Order it should contain a provision giving liberty for either party to apply which means basically that any party can ask for the stay to be lifted and the matter to be brought back to court for determination at trial in the event of e.g default in making payment. Had all this copied from the forum ages ago for knowledge which I hope helps explain it for you too.

Hi axxsabian, your progress is ticking along the same lines mine & many others did/do, (for me it all began Jan2009) http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-d-judge-made-wrong.html. Glad you seem to be knowledgeable on your readings around the forums from the goings on & stunts/stalling tactics of this duo already. You are right in the point you raised that you should have the information supplied in response to your CPR request from Restons. It is common though to submit an embarrassed defence at the first hurdle tho (you can always request an amended one at a later stage). The important thing is is to make sure you get your defence in on time now, all be it an embarrassed one if you have to.

As mentioned already you need to read up on the links provided above ie those that snoops posted in #3 which sequenci's link is a part of. You need to raise some objections as to why it should not go ahead ie...if you have other debts and it would give this debtor an unfair disadvantage, your mortgage is jointly owned yet debt only in one name, you have young children, you were ordered to pay instalments of £40.00 per month which you have kept up etc (No default on installment order - no charging order! (Mercantile Credit Co Ltd v Ellis 1987) If your installment payment is significant, i.e it clears the debt in 3-5 years and/or in the timescale of the original loan then make sure you make that point to the judge. As yours is £40 mth at present (so wont clear in those timescales), you could suggest that with your children being too young at present so not able to offer more at this time, but as soon as income increases again you would be happy to increase payments then? Have a good read of the links as suggested & draft something up & any help that can be offered will be given to you. Or give CAB or one of the national debtlines a call to assist you if you'd rather speak to somebody.....I hope you get it sorted soon.

Good luck tomorrow, hope you still have that same judge where you did yourself proud last time, look forward to reading your write up MDAW