Thanks to all who replied. Looks like finally something might be going right for us

Have been battling with our mortgage company BM Solutions since April when my hubby was made redundant. We couldn't meet the full payments and so arranged a reduced amount which they accepted. however, we were on a two-year fixed rate which was due to end at the end of August and they told us quite categorically that if there were arrears on the account, they would not take us off the fixed rate. We applied for and were awarded ISMI in July which has now kicked in at the rate of £1030 every 4 weeks (our repayments were £1189). We got a letter this morning from them saying that as we have now reached the end of our fixed rate product, they have reduced our rate to standard variable which is 3.07%!!!!:-|:-| My question is this... Firstly, if our repayments are now less (£527), does the ISMI reduce as well in line with this or do the Govt work it out on a fixed interest rate across the board for everyone? If so, will the additional be used to clear off the arrears in the first instance and then reduce the capital amount? Secondly, would BM solutions have been allowed to keep us on the fixed rate if we had arrears on the account (never more than £2500 but that's academic I suppose) and have they perhaps reduced it because, by law, they had to?? This whole episode in our lives has been a complete roller coaster of emotions. How people defraud the benefits system "for a living" I can't imagine. I pray that hubby gets another job soon so we can get back to normal and I can stop dealing with all this. It's exhausting!!!

Had a few things going on over the past two weeks so haven't had a chance to address this . Still haven't received anything from RW in reply to my court docs which were submitted on 3 August, along with a letter to them re my CPR request. Is it still ok to submit the N244 to the court and if I pay the fee will I get it back? Things are getting tighter by the day (especially as my eldest son announced to me on Friday that he's not going back to college but is going to do voluntary youth work instead so I'll lose my Child Tax Credit :() Oh happy days!!!

Is there a particular way we should complain to the OFT or is it just a case of sending them a letter detailing our particular case? Any spanner we can throw in their works is fine by me :) We are currently waiting for a reply from the court about our defence we submitted on 3 August. No reply as yet and no reply to our CPR-18 request either.

Ok sharpgun. I'll do that. All very confusing this court lark:(

Sorry Sharpgun, I meant the Court defence. I did give them 14 days on the CPR18 and as expected they didn't reply. I was wondering more whether or not they have to reply to the court to say they want to continue with the case, or not, once I have submitted my defence - if that makes sense:confused:.

Thanks. So are they over the time limit now then? It's been 21 days

Just a quick question. Is there a time limit that RW have to adhere to once I have sumbitted my defence online? That was done on 3 August and have heard nothing from them - not in reply to my defence nor in reply to my CPR18 request. If they don't reply within a certain time, does that mean it can't go ahead??? Thanks

They must have as they are a big company but I think the manager is so useless that the whole store is in a mess. The main thing they are worried about is whether he will get paid any sick pay as without it they just won't be able to survive. They have now contacted a personal injury lawyer who is coming out to see them tomorrow so we will see what the outcome is. thanks for your advice

Hi all, I wonder if someone can help me on behalf of my brother in law. He has worked for a well-known Building materials store for the past 2 years and in all that time they've not particularly treated him well - they lost his P45 and mucked up his tax etc as a consequence which, two years later is still not right. Anyway, he finally found another job and his last day was Friday. Friday lunchtime, he had an accident - a barrier which was tied up with string swung open and cracked him in the leg, knocking him over. He was in agony but the store manager made him get up and walk upstairs to the office to fill in the accident book. He kept telling him that he was in agony and needed to go to hospital but he wouldn't call an ambulance. In the end, he agreed to take him to the hospital but dropped him off the door at A&E and told him he expected him back within the hour. My brother in law had an x-ray and was discharged later that day in a velcro splint and told to come back in two weeks as he had fractured his patella. He was in agony all over the weekend and then yesterday morning my sister in law got a call from A&E to say that the trauma team had taken another look at the x-ray and he needed to come back in immediately. They had been trying to get hold of him since Saturday but the receptionist at the hospital had failed to take a phone number for him and so they had to get my sister in law's number from the GP yesterday morning. They operated last night. He now has his knee pinned and is in a full leg cast for at least 3 months and may need another operation as it is so badly damaged. My sister in law is in a state and I want to put her mind at rest so my questions are these: - The fact that it was his last day, will his firm have to pay him sick pay as the accident happened at work? They don't think his new job will be kept open that long. - Are the firm negligent in their handling of the accident? - Do they have some comeback with the hospital the fact that they discharged him on Friday when they shouldn't have and also didn't ask him for a phone number? - If he isn't entitled to sick pay, what other benefits can they apply for as they are both worried sick that they will lose their house etc while he is recuperating (my sister in law is also on long term IB as she suffers with a rare malabsorption condition and also suffers with depression) Many thanks for any help you can give me.

Hi Ricky I agree that we should try and claim what we are entitled to but after the complete c**k up over OHs JSA claim, I'm so worried that they'll muck this claim up to. The DWP seem to me to be in a complete shambles. I have written to my MP explaining the way they've treated my OH. He even got ejected from the Job Centre last week and given a public warning for taking in the 20p and putting it on the desk and telling the lady that it was insult and he'd rather not have it. He was making a point of principle and didn't get nasty (he wouldn't know how!!) and they kicked him out !!! As far as the mortgage interest relief thing is concerned, I don't think the left hand knows what the right hand is doing. They're giving us 10p a week but the system at the Job Centre still shows that OH should be receiving his JSA as well as the money that they pay to the mortgage company. Even the CAB though that was how it worked - but it appears that what happens is they calculate what they will pay to your mortgage company and instead of deducting the JSA from that figure and sending the difference to the mortgage company so at least you've still got something to live on, they take the lot and give it direct, leaving you with nothing!! Sorry for the rant!!! Thanks for your support. I'll have a good long think over the weekend and decide what to do.

My original claim was put in by my consultant and health visitor about 16 years ago. I'd just had my 3rd hip replacement and I had a three year old and a one year old at home. I fought it all the way because I didn't want to admit that I was disabled but in the end they won through and I was awarded it. I've had two further hip replacements since then and broken my leg twice after falling over because of the probs with my legs and the osteoporosis. I didn't realise about the care component either and when I did, didn't bother to claim as I thought I should be grateful for what I'd already been given. I agree that these things should be tightened up but I'm just so nervous about applying. I've heard so many stories about people having it stopped and having to go to appeal. We are in a bit of a pickle atm with the DWP over my OH's JSA and mortgage relief which they've managed to muck up spectacularly (we currently get the grand sum of 10p paid into a bank account every two weeks!!) so I'm loathe to rock the boat anymore. But the CAB adviser said that getting mid rate care will open up all sorts of other avenues to us - carers allowance, council tax benefit etc. I suppose weighing it all up, I should apply and just keep everything crossed that it goes ok. Thanks for the advice

Hi, I'm really confused over what to do and wondered if someone can help me. I currently receive higher rate mobility DLA and get a car. It was awarded some 16 years ago and it is awarded indefinitely. I have RA, diagnosed in 1973 at the age of 11 and have had 5 hip replacements as well as suffering osteoporosis due to long-term steroid use. My OH is currently on JSA as he was made redundant in March and when talking to his JSA adviser about me, he was told I should really be claiming the care component. I went to the CAB this morning for a chat and he told me that the danger is that if I now claim for Care, they may review my Mobility and possibly stop it or award it a lower level - he said because although I can't walk very far without severe discomfort, I can walk and they are getting really pedantic about claims. I can't afford to lose my car as it is my lifeline. My OH sold his a couple of months ago to pay the mortgage (!) so we really need it. He said I would most certainly be awarded low rate care and quite possibly mid-rate care but I'm so scared of opening up a can of worms I don't know what to do. Does anyone know how often the DWP will do this? The CAB adviser said that there is a possiblity that they would leave well alone with the mobility component but he can't guarantee that and I'm really worried. We desperately could do with the extra money and my husband does have to look after me a fair bit but I really don't want to rock the boat. Any advice???

Just filing my defence online. If I counterclaim as in the defence in the previous post(s) will I have to pay a fee?

Brilliant, thanks for that

We paid everything through the bank account so will have allpayments recorded. When does the skeleton argument go in? Is that after the defence?

Also, we stopped making payment to Metropolitan when we heard from RW - as I said in about Feb 2008

It says Robinson Way (assigness of ex R/O: HSBC) The payments were to Robinson Way. We were also paying Metropolitan after the debt had been assigned to RW, because we didn't know the debt had been reassigned. As far as we know, the payments we made to them during that time have just disappeared. We stopped paying RW in the end because they wouldn't give us any of the information we had asked for. The first we heard from RW was in Feb last year when I got a really stroppy phone call from them demanding money. What I can't make out is that according to the printouts, we are showing as having made payments to them from the previous Oct although we didn't even know they existed then. This has been the problem with them all along. Nothing seems to make any sense - even the figures seem to have been plucked from thin air...

I thought it a bit strange that there were $ and not £. In fact, in places there's nothing at all. The other thing I noticed is that on the first page of the printouts, it states it's an Auto Sue. I suppose they just do this to everyone with little regard to the effect it may have. You'd think they'd at least make sure they get their paperwork in order!!

Is this right for the CPR request? Re: Robinson Way & Co Ltd v xxxxxxxx Case No: CPR 31.14 Request On 2 July 2009, I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents: The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the full contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. The termination notice You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully xxxxxxxxxxx and this for defence? xxxxxxxxxxxxxx COUNTY COURT CLAIM NO: On Transfer from the NORTHAMPTON COUNTY COURT BETWEEN Robinson Way & Co Ltd CLAIMANT And Brighteyes24 DEFENDANT Amended DEFENCE pursuant to Order dated The Defendant admits that he signed a document provided by HSBC Bank . The precise terms and date of any such alleged agreement are not admitted. The Claimant is put to strict proof as to the date and terms of such agreement. It is averred that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974. It is denied that the Agreement is enforceable within the terms of the Act in that the Defendant avers that the aforesaid alleged agreement does not contain the Statutory Particulars as to payment, rate of interest and calculation of credit limit. It is further averred that the alleged agreement is defective in that it is not executed by or upon behalf of HSBC Bank Limited. It is not admitted that the aforesaid alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a Lawful Assignment took place. If, which is not admitted, a lawful assignment to the Claimant did occur it is denied that the notice required by the Law of Property Act was served upon the Defendant. It is averred that the notice upon which the Claimant relies was defective in that the sums referred to by the said notice as being owing under the alleged agreement were inaccurate thereby rendering the whole notice a invalid. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as tohow those sums are lawfully owing. The Defendant is not in possession of a Default Notice. It is not admitted that the Defendant was served with a Default Notice pursuant to the Consumer Credit Act 1974. The Claimant is put to strict proof as to the service and content of any Default Notice. Further it is denied that both the alleged contractual interest and the alleged contractual account charges which have been claimed are lawfully owing in that it is averred that not only is there no contractual basis for the sums claimed but also that the sums claimed are in any event unfair and in breach of the general law. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all. Counterclaim The Defendant repeats the defence herein The Defendant seeks a declaration from the Court that the aforesaid agreement is unenforceable in that it does not contain the statutory particulars and is not properly executed. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. Signed Amended this day of 2009 xxxxxxxxxxxxxx Do I send them to the Court or to Horwich Farrelly?

It was a business loan but it was not in the business name - it was in my OH's name. We defaulted when the business folded and we were paying Metropolitan about £30 a month. Then one day last year, I got a really s****y phone call from RW (although it was only later I discovered who they were) demanding money but we never received any kind of assignment and when we contacted HSBC, they said they had no record of us at all. That's why we stopped paying them - they wouldn't give us any of the information we requested from them. I started another thread "Should we go bankrupt - vague court claim?" I've already done a CPR18 request and this is what they sent us in reply. What CPR request do I need to do now? Sorry if I'm appearing a bit thick but we've got loads of CCs threatening us as well which I'm also trying to deal with but this is the most urgent as it's the only one that has gone to court. Thanks for all your help

Hi, thanks for this. I'm getting so confused!!! The wording of the POC is as follows: THE CLAIMANT CLAIMS OUTSTANDING MONIES DUE AND PAYABLE BY THE DEFENDANT UNDER A CREDIT AGREEMENT WHEREBY THE DEFENDANT AGREED TO REPAY WITH INTEREST THE VALUE OF THE CREDIT OBTAINED. AND THE CLAIMANT CLAIMS 1. THE SUM OF 13424.84 2. INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT THE RATE OF 8.00% FROM 8/11/07 TO DATE HEREOF 600 DAYS IS THE SUM OF 1765.44 3. FUTURE INTEREST ACCRUING AT THE DAILY RATE OF 2.94 4. COSTS I've replied to them online saying we are going to defend the case and then sent the CPR 18 letter to Horwich Farrelly and got a few pages of vague computer printout in return together with the bad photocopy that they've sent me before with no continuation sheet. They've sent me this a few times but always just the front sheet and nothing attached despite me asking them to send everything. Hope this makes more sense to you than it does to me.......

Forgive me, but I'm getting very confused here.... Is this the correct letter I should send? ############################################## Dear Sirs, Re: Robbers Way v Brighteyes Case No: xxxxxxxxx CPR 31.14 Request On x July 2009, I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents: The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the full contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. The assignment 3. The default notice 4. The termination notice You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully

Can't find it. Anyone know where to look?

Hi, already done that and got nothing back. I really need to write to them and tell them that what they have sent me is unacceptable but I want to make sure I word it properly. Just some advice on what I need to include in it would be great. Having sent them the brilliant CPR18 request letter I want to keep up the illusion that I appear to know what I'm talking about :)