This is something i have thought about, but i'm not sure how we would prove that there was no intention to repay the debt. I personnaly, now knowing most of the facts about the debtor believe that they had know real intention of repaying the money, but proving it is a completely different thing.

Thank you very much, your help is much appreciated. Sid.

Thank you for your quick response. Sorry i did'nt want to post all the information if i was asking in the wrong place. The (very) basic situation is that they lent someone a large (£200,000+) amount of money to help them expand their business, and a repayment agreement was drawn up. Unfortunately the recipitents business eventually folded, but the loan was made to the person as an individual so the debt still stands, but we believe the person who owes the money is now further in debt and that the bank is about to forclose on their mortgage and repocess their house. This being the only thing they have of any value will just about end any possibility of them being able to repay the debt. So, yes they woud be prepared to make a claim against the person but are not sure as to what assets they have. Do you know whether it is possible to find out if anyone else other than their mortgage company could have a charge on their property and if so how, and possibily how many and what value? I suppose another question would be whether the actual repayment document would be a legally binding document as i don't think it was drawn up by a solicitor. I know i'm waffling on somewhat and being rather vague, but i'm trying to ensure that the people involved would'nt be identified (if that makes sense). Thank you Sid.

Hi, Sorry if i'm posting this in the wrong section, i'm not even sure that it is something that people may be able to help with. Anyway, i won't go into full details, but a family member is owed a large (six figure) amount of money mainly due to unwise business decisions and also being, well conned is probably the correct word to use. So if it is something that someone may have some good advice on recovering the debt i will post the whole story so people may be able to help. P.S. Not trying to portray a sob story but the person concerned is in their eighties and could possibly be made homeless quiet soon due to this situation. Any help or advice would be hugely appreciated.

Hi, Would appreciate some help if anyone can oblige. We (my partner and myself) have applied to rent another property and all checks and references went through ok, BUT on the reference from our present landlord, which was all satisfactory i.e rent always paid on time, house kept in good order, etc etc, but at the very end of his reference he wrote "despite *********'s criminal record I've always found them to be a very nice person and good tenant". Now, unfortunately i can't deny having a criminal record, (its not something I'm proud of and its not something i ever intend doing again), but the new landlord had agreed to rent us his property subject to all the references checking out, (which as i said we passed all ok), but now he's saying he's changed his mind due to my criminal record. So the questions i have are, A) Can he just change his mind after agreeing to go ahead and letting us pay for the referencing fees? B) Is my current landlord allowed to mention MY criminal record to a third party? C) Have i failed the reference checks? Because the letting agent hasn't said i have, they just said the landlord has changed his mind, due to my criminal record, that i was never asked about to start with, and as far as im aware im under no obligation to mention unless of course i was asked outright "Do you have a criminal record?" Which i would of genuinely answered honestly, and tried to stress that it is in my past and not something that will happen again. Many Thanks.

Hi, i received court papers earlier this month from Solicitors acting on behalf of Santander, so acknowledged service online and sent a cpr 31.14 request, to which they sent a photocopied default notice and a photocopied agreement, but no termination notice, they just stated "We are able to confirm that our clients no longer hold a copy of the termination notice in this matter and are unable to obtain the same." My question is, do they need a termination notice to bring the claim to court, and do they need to retain a copy as proof?

Thank you, have acknowledged receipt of papers online, and will post letter out special delivery tomorrow or Monday.

Sorry another quick question, where you say to enter the case number, is this the claim number or is it the reference number from the solicitors?

Thank you, so i'll just acknowledge the the claim, and send of the CPR31.14 to Chafes. Sid.

Hi, Debs Thank you very much for your reply and help, just a few queries, they did'nt take the car back as it is a personal loan, rather than hire purchase (although i understood it to be hire purchase when i originally bought the car, which was with GE Capital finance). So is it best for me to acknowledge the service online, ( i only have until the 14th Dec) and then send the CPR 31.14 to Santander straight away (do i need to make a payment to them for this?) I have only just realised that on the claim form it says the address to send documents or payments is CHAFES SOLICITORS, so should i send the CPR 31.14 to them or to Santander? Many Thanks Sid.

Would i be right in thinking i need to return the acknowledgement of service form? And then send a subject access request to Santander, to receive copies of all the original documents?

Hi, Thanks for your speedy reply. Unfortunately i'm not in any position to make any payment at the moment, and haven't been paying since March this year, and now i've received court papers claiming the full amount plus solicitors and court fees. The debt relates to a car i purchased in November 2007, which i understood to be a hire purchase agreement, but have since found out that it was a personnel loan, and was just after some advice as to what i should enter on the response papers?

Hi, sorry to just barge in here, but i'm wondering if anyone could help me with some papers i received from Northampton County Court, re a loan i have with Santander finance.