Have you reported them to the ICO re wanting a signature? You shouldn't hear from them again.

They always did do this, it's just now they are willing to lend far less. How much roughly are you in debt? Who are the credit card accounts with? What are the interest rates you are currently paying? Have you asked them to freeze interest? Are you managing to make all the minimum repayments? Are you a homeowner? I would never recommend an IVA for a homeowner. Ideally you don't want to default as it can be a bit of a hassle dealing with DCA's etc but you may have to default depending on your circumstances. If a CCJ was awarded against you then yes interest would be frozen upon judgement as these are consumer debts. Have you sat down and done a statement of affairs to see where all your money is going and realistically how much disposable income you have to throw at these debts?

They are unable to enforce the account. That means they can not ask for payment, threaten you with legal action, etc. If they do then you must report them to the OFT under the Consumer Protection from Unfair Trading Regulations 2008.

I don't think you can use a time barred defence because the initial claim was lodged inside the limitation period - although you should seek legal advice on this. You can certainly dispute the sum claimed against you due to the charges on the account. This should bring the claim inside the small claims limit where any costs against you would be far more limited. Have you checked the book price of the car to ensure that it was sold for around the market value?

There is no such thing (as far as I'm aware) of marking a debt as irresolvable on your credit report. It sounds like complete twaddle to me. What are the two entries? If they are defaults then they can be corrected. You are unlikely to get the adverse entries on your credit agreement removed based solely on there being no credit agreement.

If you fall to far behind with your payments of £15.50 a month then the time order would become cancelled and they may (assuming they have the paperwork) go for a charging order if you have equity in your property. Charging orders can be very difficult to stop even if they cannot produce the agreement. At the moment, if I were you, I would keep paying the monthly sum and see if you can get the CCJ set aside.

When was the CCJ granted against you? How much was the CCJ for and how much have you paid towards it? You need to be very careful about cancelling your DD when you have entered into a time to pay order.

If you don't have statements to identify what charges have been added then you will need to send a SAR to the original creditor.

You would need to have the CCJ set aside first as the CCJ enforces the debt. How long ago was the CCJ granted? Have payments been made towards the CCJ? Were there penalty charges on the account e.g. late payment fees, overlimit fees?

That complicates matters because the claim was initially lodged inside the limitation period. Did you ask for info about the valuation and sale price of the car? Have any charges been applied to the account?

For the granting of a summary warrant a surcharge of 10% of the outstanding balance is added. If further action is required through diligence then the following fees apply http://www.opsi.gov.uk/legislation/scotland/ssi2008/pdf/ssi_20080430_en.pdf

When did they actually file the claim against you?

Do you have a copy of your credit report? What is the duplicate entry?

Yes, it's still statute barred as you have not acknowledged the obligation. Only if the account is not time barred (as would appear to be the case here) and it contains all the necessary prescribed terms.

Reporting them to the OFT etc does not require any court action on your behalf.

Well done No. There needs to be an proof hearing. The only thing you could do is present an incidental application to the sheriff clerk before the hearing requesting this information from the bank.

DCA Legal Successes - The Consumer Forums

An application form can be a valid credit agreement. However, very few are as most application forms fail to contain the necessary prescribed terms.

Well done

They can't add interest unless it was a clause of the original contract. It's highly unlikely that it would be a clause of the original contract as it would very likely be seen as an unfair clause.

Once they have informed them that all correspondence must be in writing if they receive any further phone calls or sheriff officers attempt to get him to pay this they should make a complaint to the Sheriff Principal (they can call their local sheriff court for details) as well as S.M.A.S.O. Welcome to the Homepage of The Society of Messengers-at-Arms and Sheriff Officers £10 is far too much for someone who is not employed. Again has this been put in writing? She also needs to put together a brief income and expenditure sheet to demonstrate to Stirling Park that the amount she offers is genuinely all she can afford.

Also has your sons girlfriend applied for a time to pay order for the council tax arrears (assuming that she doesn't dispute that she owes it)? More info here Time to pay for council tax debt free help from Govan Law Centre, Glasgow, UK

I'm not suprised they didn't put it in writing, I bet they wouldn't dare. Your son and his girlfriend really need to ensure that all communication is in writing only as clearly Stirling Park would appear to be willing to tell them any old guff over the phone. It is their legal right to insist that all communication is in writing only. What previous correspondence have they received regarding this matter? In the unlikely event that sheriff officers turn up at their door, they should not let them in, they should not enter into conversation with them and they should certainly not pay them any money. Sheriff Officers have NO legal right to force entry into your home without a court having granted a "Exceptional Attachment Order" - your son and girlfriend would have been informed of the court hearing for this, as they have the right to contest the application. As previously stated your son has no liability for this debt.

No he doesn't have to pay. He has no liability for this debt. He only has joint and several liability for the council tax from Feb 2008. Have Stirling Park put this in writing?

They can charge you as many late payment fees as they want but you can claim them all back including the interest as they are a penalty charge. Whether the charge is £12 or £15 makes no difference as it's still a penalty charge.