Hi Itsamoment.....thanks for replying.

I have submitted a list of charges with my counter-claim. The amount is clearly stated and the court has this info.

My concern is regarding the issue of striking out my claim on what would be a technicality. I don't know how to play this.

Need some urgent help pls.

A&L are taking me to court over a loan account.

I have counterclaimed for charges but these are only a relatively small part of the total.

A&L have made an application to have my counterclaim struck out as an abuse of process, claiming "The defendant has raised the same grounds for filing his part admission as he has for filing his counter-claim"

I had to admit part of the debt, which l did, including the charges element.

I then made my counterclaim for the charges involved.

Have l screwed up here?

A&L's solicitor has sent me a letter 'inviting' me to withdraw my counter- claim "in the interests of costs and proportionality".

Should l agree to this? I know l can't win overall and will doubtless have a CCJ registered against me, but l really want to get A&L into court with the aim of forcing disclosure of their costs' structure.

I have tried to negotiate with A&L without the need for the court's involvement, and have made the court aware of this, but A&L have been negative and uncommunicative throughout.

REALLY NEED SOME URGENT ADVICE PLS AS I DON'T KNOW WHICH COURSE OF ACTION TO TAKE!

Many thanks

Bump

Sorry...but does anyone know where this letter is located?

It's really important that l find this post.

many thanks.....Valdez

Hi everyone....a little guidance neede pls.

I have seen somewhere on the forum a very professional letter advising a CCA in no uncertain terms that they are attempting to collect an uneforceable debt......but l can't find it now l need it.

Anyone have any idea where this letter/post is located ?

Many thanks for all help and advice offered.................Valdez

Mr Wobbles...please pay the $200!!

Hi Priority One! Seems like you and l are waging a 2-person war against A&L!

I am deep in a court battle with A&L now, but they continue to write to me. Thought you might be interested in some extracts from the latest missive from Mark Butler, who describes himself as 'Professional Recovery Officer', even though he clearly does not understand the CCA.

I touched on the legal status of Global Debt Management Ltd in my allocation questionaire. These drew the following comments from Mr Butler :-

"In respect of (sic) Global Debt Management (note no 'LTD') l can advise that for the year ending 31 December 2006 trading accounts will be submitted to Companies House, so l do not believe that any offence has been committed as you claim (l didn't 'claim' merely suggested the possibility)

References to 'we', 'us' or 'our' are references to A&L pls and other companies in our group. A&L Group at the time of printing means Alliance & Leicester plc and its subsidiaries (whether direct or indirect) including (but not limited to) Alliance & Leicester Commercial Bank plc and Alliance & Leicester Commercial Finance plc.

Further again information (sic) may be shared under the terms of the agreement again l quote (sic) 'to recover debts and prevent fraud'.

This is consistent with Global Debt Management (again no LTD) being owned and acting for Alliance & Leicester."

Don't quite know the significance of these comments, but hope they help. Any comments will be appreciated. Comments in red are mine. Regards........Valdez

EVE...hi and wlecome - its all very confusing when you start, as l know.

First you need to read the FAQ section to get the timescale clear in yr mind.

Then look in the TEMPLATES section, where you will find all letter you need to send.

You should stick to YOUR SCHEDULE, backed up by legal limits on times for response, and not be deterred by delaying/deflating tactics from banks and credit card companies - they always try this.

Very important - communicate ONLY in writing and send everything RECORDED DELIVERY.

You will find tremendous support on this forum if you are confused or stuck or just need to discuss something! Follow the clearly-established guidelines, keep going and YOU WILL WIN!

Best of luck and kind regards........Valdez

Alan.....many thanks for your (customary) wise words.

I had to submit the AQ today. Thought about ticking 'yes' for a one month stay, but decided agaisnt it as l have written 6 or 7 letters to A&L already explaining my circumstances and requesting an arrangement, without any positive response.

I will do as you suggest and write a further letter emphasising the points you make and will post their reply (if l get one).

When all is said and done, if this goes to court, l can maybe at least get standard disclosure on the structure of their charges and make them squirm. As you so rightly said, they can't take what l haven't got, so l am really not scared of A&L.

Many thanks and kind regards.....................Valdez

Hi all and thanks for rallyimg round on this.

Martin & Karnevil.....l am ok on my counter claim...A&L have disregarded the dispute situation and have dismissed my offers to come to an arrangement without going to court. I have submitted figures and believe l have a good case and can argue this with confidence.

My concern is that, while l acknowledged the debt excluding charges, l was not able and am still not able to give a financial statement. I was unemployed throughout 2006 and only got a job (at a salary much below what l used to earn) in November 2006. I will not pay tax until this month and l don't get paid until 27 March. Only then will l know what my regular monthly income will be.

My main concern is - where on the AQ forms can l enter my defence/response to A&L's claim and explain my situation to the judge while at the same time requesting he allows me to make low monthly payments until my situation improves?

I am also thinkimg of ticking 'yes' in the box where it allows a stay for one month to try to negotiate with A&L. Is this wise.

I owe most of the debt, cannot pay it and accept that a CCJ is probably inevitable. I just want to megotiate a mutually acceptable payment schedule........but at the same time A&L totally flouted the law and l want to make them suffer. I am not afraid, just confused. Help appreciated.

Thanks also Angela...l am touch with CAB but can't get to see them for some time (they must be as inundated as the banks!)

Regards to all.........................Valdez

Mochamoo...hi...A&L took out a court claim against me for non-payment of a loan. I have gone thru CCA and SAR and have tried to negotiate payments with them as my circumstances have changed since the loan was taken out and l am not now in a position to meet full payments or pay off the loan.

They have rejected my various offers and, instead of negotiating, instructed their pet solicitors Shoosmiths to commence proceedings. I have advised them account was in dispute, but they have not responded since serving their claim.

I counter-claimed for unlawful charges on my account. Their claim was initiated shortly after my preliminary letter requesting charges refund, with no communication.

I have to submit AQ forms TOMORROW. I am ok with details of MY counter claim, but l don't now how or where to enter my response to their claim, in which l need to explain my circumstances and ask the judge to order low monthly payments until my situation improves.

Any advice you can offer tonight would be much appreciated.

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

Hi All...need some urgent help pls as l am totally confused!

A&L made a court claim against me recently. I responded acknowledging part of the claim but making a counter-claim for unlawful charges.

I have received AQ forms, but these seem designed for me to state particulars of my claim against A&L.

Can l enter details of my defence and request for a payments schedule in connection with my debt to A&L on same AQ forms? If so, how?

Reply has to be with the court this week and l really don't know how to proceed.

Anyhelp gratefully received.......regards to all

BUMP

Could SOMEONE please comment on this? P L E A S E !!!!!!!!

I believe this is a breach of the Data Protection Act but l need some help/advice/confirmation from SOMEONE. anyone!?

Thanks.....Valdez

Bump

Someone? Please? Advice or comment? Many thanks

Does anyone have any knowledge of UK law(s) relating to the sale of Franchise businesses, or and advice/info on where l might find regulations on this subject?

I believe l was sold a dodgy franchise a few years ago and the company is still trading, even though many of us who bought in were left with useless 'businesses'.

I would like to investigate the possibilities of getting my money back and helping others do the same.

Any advice/info much appreciated......regards.......Valdez

Does anyone have any knowledge of law(s) governing sale of franchises in the UK, or advice on where l can find such information?

I think l may have been sold a dodgy franchise a few years ago, They are still trading and l would like to explore the possibilities of getting my money back, but don't know where to start.

Any advice welcomed.....thanks..... Valdez

Hi Laiste....or should l say Hail Laiste!

Have just spent an hour or so reading this thread from start to present.You are one tough cookie with undoubtedly a keen legal brain and the determination to succeed!

I am just starting to defend a court claim from A&L and your fight, detailed over the past months, has really helped me and inspired me to fight back.

Thank you and please accept my best wishes. I know you wil defeat these arrogant b******s! They will pay the $100!

Regards........Bob Valdez

Hi PriorityOne,

As l told you earlier, l have several recent letters from Global Debt Management LIMITED (Company No. 2417634) in connection with an A&L Personal Finance account.

I will gladly supply you with copies if you feel it would help your case.

Thanks also for posting on my A&L thread. I have used the implied doubt surrounding Global to confuse them in my case and will post the result.

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

Need some URGENT help here please.

Have today completed 'Acknowledgment of Service' form and ticked box

'I intend to defend part of this claim'

Do l now have 28 days from dated of service to enter my defence?

When do l ask for transfer to my local court?

I am very disappointed at the lack of response to this thread.

Part of my defence will be a request for the judge to order full detailed disclosure of A&L's penalty charging regime. I will almost certainly have to go to court (l will attend - hopefully Haywards Heath County Court) and this could be our long-sought chance to blow this unlawful regime wide open. Pls support me!

Mods, anyone, pls show a little interest here and help me. I must admit l find the counter claim options very confusing and have been unable to find details of fees on the moneyclaim site.

I really need some help - so pls respond soonest.

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

Bump

Some advice urgently needed please......someone????

I have received two letters from Cahoot containing a default notice on a disputed debt.

The first letter came in a window envelope and was folded in such a way that, in addition to my name & address, the words

'IMPORTANT - this is a default noticed served...'

were clearly visible to all and sundry!

The same letter was repeated a couple of days later, in exactly the same manner.

My question is, does this infringe my rights under the Data Protection Act and, if so, what can l do about it?

Thanks in advance for any advice......................Valdez

Hi Priority One....NO l have not paid Global a penny, but l will certainly note the info you have provided. Thanks.

Matthew, a CCA request is totally separate from an SAR request. As you have all yr statements you probably don't need to do a SAR request.

CCA request requires the creditor to provide you with a signed copy of the properly executed agreement. This must be signed by both you and the creditor. You have to send a £1.00 PO or cheque for this service and the creditor has to respond positively within a certain timescale or they go into default on the debt. Pls look for threads re CCA REQUESTS. There are many on the forum and they will expalin things better than l can. Also pls start yr own thread if you are going to do this. You might also find a template CCA request letter in letter templates section. Regards.....Valdez

Oh...one other thing, ironic really, a few months ago - after l had written explaining my circumstances - A&L sent me a letter headed 'Get Your Money for Less', which invited me to apply for a personal loan!!!!!!

I will also be mentioning this in court!

You can further confuse the DCA by requesting 'a copy of my written consent for DCA to process my data or a copy of the notice wherein l gave my written consent for original creditor to transfer their obligations of data protection to DCA or any other third party'

This under Data Protection Act 1998

Also insist they provide proof that DCA is registered with the IFO as data controllers.

Throw everything you can at the DCA. They are mostly uninformed illiterate plonkers who think their threats are allowable and acceptable.

We know that, in law, they are not!

Hope this helps.....................Valdez

Unholy....many thanks, will chew over yr advice.

GuidoT...don't want to disclose actual figures. The unlawful charges are a small part of the debt - BUT they are still there to be reclaimed and l don't mind if my day in court forces disclosure on how they calculate charges. I thought they would be worried about proceeding with the threat of disclosure, but now am uncertain. Maybe the judge will grant my request.

I don't mind admitting l am in deep doo-doo with several creditors, having been ill, wife (a pensioner) having been ill and me being unemployed for most of 2006. Now back in work but, as an oldie, had to take a job paying much less than l used to earn. I have made offers (twice) to pay A&L a small affordable monthly amount until my circumstances improve. They have rejected these offers outright. Their silence is what worries me.

Thanks to all and any further advice appreciated.

P.S. Matthew - it took me a long time to get into this position - much correspondence and a CCA request, so don't worry too much. Do a CCA request now if you have unlawful charges on yr account and ensure they can provide a copy of the properly executed agreement asap.

Suerte a todos.............Valdez

Have received a court claim from A&L and really need some urgent help pls!

Have posted details and my questions in ALLIANCE & LEICESTER section, but have added this here as there seem to be more people looking at the GENERAL section.

All advice greatly appreciated. Need to deal with this URGENTLY.

Many thanks in advance...........Valdez