i meant including acknowledging it as looks to be the case with the OP here i.e. they havent done anything at all. So is he not within his rights to apply for a default judgement?

Yeah i agree, i ended up trusting info from people on here too much argh! :grin: (i mean without me double-checking the info from other sources etc) It should be alright though. The address in england received a mail confirmation notice so no worries i think it will be heard in a court local to there.

uhmmm if they havent done anything within 14 days i thought you could apply for judgement by default immediately!!!! In other words you win straight away.

ehh sorry???? so they will use my home address....? my residential address? i reside within scotland ergo 'litigant in person' ??? unfortunately if that is the case then that screws up my whole case........... and means ive botched up my MCOL claim :/ i thought i would be going through the english courts if i provided an english address for contact and documentation...at least thats how i understood it from information given out on CAG.

is this via s.69 county courts act 1984 ? i thought this wasnt claimable in scotland? i could be wrong though.

i understand that using MCOL it is automatically transferred to the nearest court? Whos nearest court though? i put down 2 addresses in MCOL. My home address in scotland and and english address for documentation to be delivered to. But i served the claim on HBOS head office at Halifax trinity road do i choose which one? or do they?

Hi Sarah, bit of an update. Phoned Scottish Power today and hurrah managed to get through. Explained i wasnt staying at the address for when they are charging me electricity so they want me to send a letter from the council (council flat) or a copy of the tenancy agreement so they can confirm when i left the property. At the moment they have agreed to put a halt on the account (so that Buchanan Clark and Wells dont proceed with further action) (apparently when SP update their terminal screens BC&W should be able to see that information as well and act accordingly) I phoned BC&W afterwards to confirm that they will be taking no further action. They wanted SP to phone them about it and couldnt confirm they would stop action against me... but anyway i'm just going to ignore them totally and just deal with scottish power.) glad im not the only one who has to deal with these muppets! I'll keep you informed what shenanigans they get up to!

update* got a letter from buchanan clark and wells asking for payment of outstanding money which has been passed to them from scottish power for an address i stayed at a couple of years ago. So i phoned them and asked to set up a monthly payment because i couldnt afford to pay the full amount. They said i could do that but it wont stop them proceeding with their action. (which apparently includes them sending people round to my flat to "discuss" the situation with me - yes she said that) I mention i am trying to be reasonable and obviously want to pay this money if i am due to and that i would mention in court that i have tried to co-operate with them. They said i wouldnt go to court at all they would just get the court to issue a county court warrant or something. (it was a bad line i didnt catch all she was saying) Is this true? can a judgement be made against you without you there to defend yourself? Anyway....... i thought i would phone scottish power to verify with them about this money. And they say it was for electricity bill between the periods april 04 - june 05 The thing is.....i moved out of this flat in june 04 so why are they charging me for electricity for when i dont residue at that address??!! (yep im sure i informed them i had moved out!!!) So i tried phoning scottish power back to be told that they are experiencing a higher number of calls and ask me to call back later (recorded message) Obviously little details like this dont stop a DCA company pursuing me like a pack of ravenous devil dogs........ mondays ehhh.....

can anyone confirm that i havent ballsed things up please? checked moneyclaim and its been issued. Theres now an option under judgement "start" where it asks which i presume is where i go after the 14 days.

exactly the same with me also though they said 26th october. We'll see how they respond to my MCOL action though. i hope i havent ballsed things up by filling it out incorrectly!

live in aberdeen and also filed via MCOL (as i had a english address i could use)

ok have submitted claim via moneyclaim online used my scottish address and an english address for documentation (required) (so it should be heard via english county court system i hope) Thing is, ive said in my particulars of claim that i will be sending another copy of the schedule of charges which includes the interest but where do i do this online??????? ive given a total of charges including the interest on moneyclaim but not a breakdown. do i post it to HBOS ? post it to Northampton county court including my claim number?? edit: i made the claim against the HBOS in trinity road halifax is that ok? uhmmm i also named Rachel Hinchcliffe in Legal services is that ok you reckon? thanks!!!!!! CJ

got a letter from them today saying they were sorry they hadnt got back to me since their last letter and they need until 26/10/06 to investigate my complaint. so yeah onwards to court action it is then!

if its a penalty charge then you can claim it. e.g. whenever you go over your agreed overdraft limit they charge you for it and they might also charge you each month for being over your limit that month. So you have item-specific charges and a general monthly charge. Doesnt matter why you go over your OD as it is the actual legalities of the charges itself which is under investigation.

Also i think the courts would prefer to hear just one case rather than 3 or 4 severed claims about exactly the same matter, yes? Would save court time and expenses.

i was thinking about sending another letter giving them a few more days (5 days) for them to do something. They havent responded to my LBA at all. I could word it something like Dear Sirs I am disappointed and aggrieved that i have received no reply from yourselves to my LBA dated 19/9/06. In the interests of settling this case amicably i am willing to give yourselves 5 more days to settle this claim. or something like this??????? hrmmm not sure

I was wondering can you add in the travel costs to your claim if you have to travel down to the english court? megabus return prolly under £10 return to most uk cities. Why the need for accomodation?

Have you heard anything from them yet Give me it back?

local scottish branch for data request and from then on every letter to HBOS trinity road head office in england (registered post)

nope. ive setup direct debits with them paying each month (£50) so isnt them hrmm.

thanks sarah and Arachnae I'll leave it till they send me a letter then decide what to do. the bank (alliance & leicester) put me forward for the credit card automatically as part of the premier account deal. i got the premier account but not the credit card (which i didnt actually want anyway so no loss. i'm eventually going to be transferring everthing from my old HBOS account to this new account) Somewhat non-related can a DCA or other company legally *force* someone to pay a *minimum* amount of cash each month to them to pay off debt? (which is determined by them e.g. i say £30 a month and they say sorry no our minimum amount we could accept is £50)

hey thanks for the reply do you think i should phone them to find out what it is about though? Ahh wait i recently opened up another bank account (parachute account) and the bank did a credit check on me (got standard account no problem though the bank wouldnt give me a credit card) i think maybe thats why this DCA company suddenly come back to me??? Im surprised they phoned my neighbours first, shouldnt they write to me??

I got a note from my neighbour the other day it was about a phone call from a: Buchanan, Clark and Wells in Glasgow with a reference number on it. They didnt have my number apparently. I googled them and it turns out they are a debt collection agency! I havent lived in glasgow for years and years. The only possible debt i can think of was when i was unemployed i mistakenly signed up to do a home computing course. (back in 2000) But i had cancelled the course ( i didnt even start the course!) because i realised i wouldnt be able to make the finance payments, sent the materials back to them apologised and offered to pay a compensatory amount for wasting the sales persons time long long ago! Havent heard from them since...arghhh its very worrying because im just starting to get my debt under control (student loan, council tax etc) i'm dreading phoning them.... of course i could be worrying over nothing but when are messages left by DCAs good news? arghhh

Hi Kydcarmen, i think we are at almost the same stage with regard to claiming from HBOS. Though they havent defaulted my account and put it into the hands of debt collectiors yet! (that i know of anyway) So its a bit more simpler and straightforward for me. http://www.consumeractiongroup.co.uk/forum/scotland/21041-so-begins-me-bos.html

Have a look at the FAQs theres step by step instructions on what to do. I'd also advise reading lots of the older threads for cases which have been won so you can see in detail the procedures involved as done by someone in the same situation you are in. Basically reading lots on here and lots on related sites e.g. govan law centre website and other websites. http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/