Ok, I requested the copy of the HP agreement and sent it recorded post along with a cheque for £1, which they have cashed. They have now had the 12 days to default and a further 32 days which expired on monday 5th Feb. Now i presume i can send the letter asking for all the money back since the first default and cancelling the remaining debt?? Is that the case?

Nick, Send them another letter stating that you will definately take them to court if they do not give your money back within 14days. I presume you did as i did and hadn't sent the preliminary letter. I recieved a reply within about 5 days with an offer for settlement, around half what they owe, I will of course accept this as half payment and persue them for the rest. Bryan

Bump

Just been reading through the threads and have found a very interesting point. My Case: I bought a Peugeot with a HP from Capital Bank in 2001. I was quite happily paying this off until i changed jobs and got into financial trouble. Now when i finally got to the point of getting rid of the car i had already entered into agreements with Debt collectors, at one point a guy was turning up to collect £500 at a time to catch up. They helpfully forgot to inform me i could have handed the car back to them if the account was up to date. Capital sold the car at auction for just over £2k and have sold the remaining debt off to Buchanan Clark and Wells (2K) which i have been paying off a £10 per month. I quite vividly remember asking for a copy of the original agreement before the car was sold but didn't recieve a copy despite numerous requests via telephone (should have written i know). My point is the account is shown on a statement sent to me by capital saying that it is closed and bad debt written off. So does this mean if BCW fail to produce the agreement i can't ask for the debt to be written off as the account is no longer active??

I certainly will post any reply from the courts onto this board. It has been invaluable so far and there are some smart cookies fighting our corner.

Just a little update. Telephoned SCM after sending in my allocation questionnaire and they say that they have returned their AQ to the court but have asked for a one month stay, so they can discuss with their client how to proceed. No mention of a settlement offer or any kind of offer, more delays!!! Grrrr i'm getting a bit angry and a bit worried at the same time.

I sent off my AQ on the 13th July, the Questionairre had a date of 22nd July as the deadline, i also paid the £100 extra fee. I was under the impression that i should have recieved some kind of offer letter from SC&M, with this i phoned their offices and were told the guy dealing with these cases is away til next week. They only have one person dealing with all these cases?? The extra £100 fee will be chargeable to lloyds won't it. Also while struggling to keep my head above water lloyds have kindly charged me another £300 in DD, Overdraft and interest fees. Can i demand the refund these too?? Many Thanks Bryan

Firstly let me thank all of you for the invaluable information. I started this long process after lloyds pushed me too far. The situation: I had my own company (games shop) which went under leaving me with a substantial amount of debt. I am in the process of paying it all off but throughout lloyds have failed to provide any support and have been continually taking bounced DD fee's, over limit charges and interest, frequently to the value of £400 in one month. I sent them a letter asking them to refund the charges (using template) and recieved their standard reply. I'm one of those people who never throws anything away so i'd kept all the relevant bank statements. I then telephoned the correspondant and he gave a very snooty and dismissive reply. I told him on the telephone that i would have no option but to take lloyds to court and he agreed. I commenced proceedings for £2080 and lloyds decided to file a defence. Today i recieved my court allocation questionairre which i am currently filling out. The one thing i have taken out of this whole experience with financial institutions is this: They don't care what they say and what your situation is, they will lie, cheat and trick you into thinking what they are doing is justifiable. Bully boy tactics is all they know and they think that we are going to just lie down and take it......no more!!!! It's time to fight our corner.