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Pls would someone offer some advice.....l am really at wits end with this!

Many thanks.

Hi everyone... its been a long time since l posted as l thought l had solved my debt problems, however l have now received a Statutory Demand from Arrow Global Ltd in connection with an MBNA account in dispute.

I will try to make this as brief as poss, but here are the main points :-

Sent CCA request to Arrow Global by recordede delivery and enclosing £1.00 stat fee as long ago as 18 NOVEMBER 2006

No meaningful reply was received - only payment demand letters initially from Eversheds LLP and then AG again - through 2007, 2008 and into 2009.

My CCA request was never even mentioned and l replied to almost every letter remiding Eversheds & AG that account was in dispute after 18 November 2006, that AG had defaulted on 30 November 2006 (12 days) and that AG had commited an offence by not supplying info on 30 December 2006. All letters sent by me recorded delivery.

I then received further payment demands until 09 June 2009 when AG wrote to say they would put account on hold pending an investigation. Surely this is an acknowledgement of dispute?

As late as 16 SEPTEMBER 2009 l received a letter from AG enclosing an MBNA application form and a separate 4-page document with my name & address typed on it but no signature and not a properly executed agreement. To me this is just a set of terms and conditions and l have checked the MBNA 'agreements' post (1999 was the date) and this appears to be very dodgy.

Responded again ....'dispute'....'default' etc. No sensible reply until 14 OCTOBER 2009 when they wrote telling me my that they have failed to meet legal obligations was "wholly misconceived".

On 07 DECEMBER 2009 they wrote, and l quote, "We do not accept that we are the creditor as envisaged by the above statute (no statute referred to in letter). However we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and revert in due course. We confirm that all collection activity will be suspended pending provision of the documents" .... this over 3 years since my CCA request letter!!!

Then no further letters until l heard from AG advsing a Statutory Demand would be issued (Feb 2010). I again wrote advising them of their strange and unlawful practices, but a guy from NCI process servers arrived at my home last week (Wed 07 April) and, without establishing my identity or getting a receipt, dropped SD on my doorstep.

Clearly, l will apply for SET ASIDE (have obtained form 6.4 & 6.5) and have read lots of posts and legal successes.

What l need pls is reassurance that l have a good case for set-aside and any advice available before l hand forms in to court. Pls help as my OH in particular is very very worried by all this. I just don't trust the court to abide by the law, even though AG are clearly in the wrong here.

Many thanks in advance for any help offered and sorry to go on a bit, but the timescale and AG's disregard of my letters, l think, is important here.

Award for 'Best Failure to Comply With the Law' goes to Arrow Global, who are also runners-up in the 'Most Creative Bulls**t in a Single Page Letter' category.

This is great! It's about time we fought back against these lowlifes.Want to mention Arrow Global LLC again, together with their accomplices, Eversheds solicitors. Failed to respond to CCA request over one year ago. No communication or any documentation whatsoever. Then started chasing again recently, with the usual misinformation about legal action and still no documentation.Also Equidebt - they continue to ignore requests to communicate in writing only and are particularly dumb.

Hi Tezcat......1st Credit have their own interpretation of (a) the law and (b) acceptable business practices - both of which defy reason & belief. How they are still in business, l don't know.

Search the forum and you will find many references to their, shall we say, unorthodox methods.

You have nothing to worry about on this. As previously mentioned, any 'debt' is statute barred now.

If you ignore them, they will go away and pester someone else.

They are pond-life of the very lowest level.

Regards.................Valdez

Rory...many thanks for this...l will mull it over and decide what to do

regards........Valdez

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Someone....please ...????????????????????????????????????????????

Am l correct in believing that the CCA DOES apply to bank overdrafts?

I'm sure l have seen this on the forum but can't locate the thread now.

I have a bank telling me they do not need to provide a copy of an agreement as the CCA regulations only apply to LOAN AGREEMENTS and the account in question is not a loan.

I think they are wrong, but need chapter and verse for reference.

Any help/pointers much appreciated....thanks.....Valdez

Hi Rory

I did go to court to oppose the CCJ application, but the Judge granted it anyway, despite my proving l could only offer monthly payments due to lack of disposable income. This was in June 07.

The debt is around £6k

Any thoughts as to how l can best fight the Charging Order application?

thanks

Valdez

Baileyboy...thanks for yr reply.

They already have CCJ. I have appealed on the grounds that l can't pay the full amount. Have made offers of monthly payment based on what l can reasonably afford based on income and expenditure. These have all been refused or ignored. Have offered a maximum of 33% of total as a lump sum but this has so far been ignored. I feel this is unjust, as they would sell the debt to a ****** DCA for 15-25% of the total.

They seem out to get me, but l won't roll over.

I need grounds for getting the Charging Order refused by a half reasonable judge.

regards

Valdez

I've been following this with some interest, as l too have had dealings with 1st Credit.

There are enough posts on here for us to formulate a collective complaint against 1st Credit -

I would be happy to co-ordinate this if others care to contact me.

Valdez

I have a creditor who has applied to the county court for a charging order against my property, which is jointly-owned with my partner.

The unsecured loan in question is in my name only and my various offers of monthly payment have been ignored or refused by the creditor, as has any meaningful negotiation from the beginning. A District Judge has given creditor the go ahead to apply for a charging order.

I have no intention of giving in without a fight, but l've googled various legal websites and am confused as to what is the best line of defence here.

I am on relatively low income with very little disposable income and my partner is a pensioner who is on medication for various illnesses. This is not her fault and the situation is really distressing and disturbing her. Things have got so bad, we are on the point of splitting up over this.

I hate these b******s and won't give in to them. I have offered to pay what l reasonably can, but they have just dismissed my offers from stage one and bulldozed ahead thru the legal system, which seems to be totally weighted in their favour.

I REALLY NEED SOME HELP FROM SOMEONE ON THE FORUM WHO HAS BEEN THRU THIS OR HAS LEGAL KNOWLEDGE WHICH MIGHT HELP MY CASE PLEASE.

Unusually for me, this is not a last-minute plea for help. I have two weeks in which to respond and the case will not be heard before mid-September.

Any advice would be very much appreciated.

Many thanks.....................................Valdez

Hi Gizmo

Court sent me a General Form of Judgement or Order letter stating:-

IT IS ORDERED THAT

1. Judgement forthwith do stand

2. Any application by claimant (A&L) for a charging order must be served on xxxx, xxxx & xxxx (other creditors)

3. Defendant (me) to supply relevant account numbers for such creditors in the next seven days

4. No order for costs.

If you can throw any light on the legality of this, l would be eternally grateful

Tifo, l sympathise. Hope we can fight this

regards.........Valdez

Hi Gizmo...thanks for replying. Seems like there's no other interest, but l think there is something very odd here.

No default on CCJ. It has only recently been granted by the court.

I screwed up on the original court action response forms and asked the original judge in court for time to pay. He gave me two weeks to present my budget/proposals.

At the second hearing l presented my personal budget (income/expenditure) and this was rejected by the bank's solicitor (A&L by the way) on the grounds that it would take too long to pay off the debt.

It amounted to approx £30.00 per month from a provable disposable income of £100 per month. I am working hard but am totally strapped for disposable income and thought the rule was that a judge cannot order one to pay more than one can afford? Obviously not true in Sussex!

Despite the fact that l offered the most l could afford monthly and informed the Deputy District Judge that banks regularly sell on such debts to third party DCAs for 15-25% of their total value, judge gave solicitor permission to apply for charging order.

l declared to the court (maybe foolishly, but in an attempt to be honest) that l have other debts to other creditors. None of these are currently involved in legal action with me (either suing or defending), though they might possibly be in future. There again, they may not be.

My point is, this is a single legal action by A&L against me. From the outset l have told A&L they are not my only creditors and have made offers of payment based on my income/expenditure. They have been negative & obstructive throughout. Why then should l be required to give them info which will help other creditors - nothing to do with THEIR claim against me - perhaps apply for charging orders against my (jointly owned by innocent partner) property???? This is A&L v Valdez, not A&L and various-other-creditors-with-help-from-the-court v Valdez.

I am going to fight their charging order request tooth and nail and have a very good argument. I can't, surely, be ordered to supply A&L with free 'ammunition' against me?

I just can't see how the court/judge has the authority to order this when no other party is involved in legal action and may never be. All the other accounts are in dispute - most in default over CCA requests.

Any help/advice would be greatly appreciated.

Thanks and regards........Valdez

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Can any of you legal brains help with this pls?

At a recent hearing a bank rejected my offer of monthly payment on a CCJ and asked the judge for permission to apply for a charging order against my property.

This was granted by the judge who then directed me to provide the bank's solicitors with details of my debts to other creditors (amounts, account numbers, etc). She said this was in order not to show preferrence to the litigant bank.

On reflection, l have come to wonder if this is legal (it is certainly not fair).

I am not involved in legal action with any other financial institution at present and to give the bank in queston details of other debts would only allow them to contact other creditors who might then form a queue to apply for charging orders against my property. This would effect severely my financial position and, therefore, it seems to me that the judge is acting beyond her county court authority ???

I do have ongoing issues with several creditors over bank charges, some in default over CCA requests, but l have not gone to court yet and none of them has sued me yet.

Any thoughts or information on this would be much appreciated

Thanks.......................Valdez

Hi everyone....posting as promised, but with a heavy heart.

Total defeat and humiliation, l'm afraid, mostly as a result of my own failings!

I gave the judge suggested letter but he was not sympathetic and struck out my counterclaim, giving judgement against me and also awarding costs to A&L's twleve-year-old solicitor under CPR 45 'part admission', which has added some £400 to my debt.

They did agree to deduct my claim from the amount owed, so l suppose that's a minor plus. Judge also ordered a further hearing in three weeks time to determine how much l have to pay each month. There is no way l can pay it all at once so God know's what will happen now.

Very despondent tonight, but a lesson has been learned and if there is a next time l will be better prepared. BF can now have another go at me.

One thing for everyone to note, proceedings are quite informal and there is nothing to be nervous about if you do have to go to county court, as long as you are prepared and have a case.

Thanks to everyone who posted advice and support and now it's time for a glass of Rioja......................Valdez

Hi PriorityOne....l went to bed before you posted, but thanks very much for the draft letter. I am writing my letter to the judge now and can only hope he/she has a sense of fair play.

Will post tonight with news of the outcome.

With kind regards to all who have offered advice/support.........Valdez

ChloeJane....many thanks for yr soothing words....very much appreciated....regards.....Valdez

BF.....that's a bit harsh. I'm struggling to stay on top of things and l'm no expert at this.

As l desperately need help, and am more grateful for it than you can know, l'll say no more. Thanks again.........Valdez

Hi Bankfodder.....many thanks for yr very helpful advice. That is just what l need and l believe l can now go to court tomorrow and reasonably defend my ignorance.

I stand suitably reprimanded as to the lateness of my request for help.

Moochambo is right, l leave things to the last minute, a bad fault l know and one l shall rectify.

Truth is, l got myself into this mess and feel l should get myself out of it. I thought l could work things out, as l have done with several other creditors, but realised eventually and almost too late, that l hadn't got an answer to this one. Guess l'm not as sharp as l thought, so pls don't be too hard on me. I've been fighting a major war against banks/cc companies for over a year now and the strain is beginning to tell.

Anyway, enough of my problems. I take your critisicm on the chin and will battle on. Will post tomorrow night about court proceedings and hope some of you may be interested in the outcome.

Again, my sincere thanks for your advice.................Valdez

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Sorry to do this but l really need some advice URGENTLY!

PLEEEEEEEEEEEEEEEEEEEEEEASE!!!!!!!!!

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PLEEEEEEEEEEEEEEEEASE!!!!!

Sorry but I need some advice urgently!!!!

The 'abuse of process' issue.

I part admitted the claim against me and then counter-claimed for the charges element within the whole amount. I did not want to presume the court would accept my claim before the trial.

ANYONE? Comments or help...PLEEEEEEEAAAAASe.

I don't know how to proceed and only have tonight and a couple hours tomorrow to put response together!

In court tomorrow with A&L......need some urgent advice PLEASE!

See my thread in Alliance & Leicester section

Many thanks for any help/advice offered...............Valdez