Hi, Mrman, What sort of hearing is it? What did the court forms say? If you post more details someone can give you the right advice. BAE

Cheers, Honey 5 - I'll try your suggestions. BAE:)

Hi, Wonder if anyone can help. I've tried Net Nanny and had lots of problems with it - so does anyone know any good alternatives? ( Possibly UK based so access to customer services would be easier.) Cheers BAE

I think I'll leave the delusional people to nurture the chip on their shoulder, folks, this has gone beyond absurd. Well done, BookWorm! For someone who apparently couldn't understand the meaning of condescending, (yet used it in their very next post to castigate someone else!!), you're learning fast. Wow - delusional, nurture !!! I'm impressed! Maybe you've downloaded a dictionary to go with that magical spellchecker ??? !!! BAE:)

Well said, Just Me! Funny thing is that all those grammar snobs, with their holier than thou attitudes, actually believe their English is better than the other posters on the forum . . . SAD!!! By the way, lovely photo! Is it a recent one?!!? BAE

It is interesting that U show extreme reluctance to condem the very essence of the entire Roman Catholic faith, as being in willing collaboration with the Holocaust?! Not sure what this means - care to clarify, MTM? BAE

Keep us updated, whatever you decide, Jim. Cheers, BAE:)

'we accept that under the Section 127 (3) of the consumer credit act 1974 this debt is therefore unenforceable via a court order.' Hi, Jim, In post 16 you quoted the above - it is an admittance by Next that they can't enforce the debt in court!!! Why on earth they are taking this to court beats me, when they have told you they know they can't win! As long as you have this letter to produce in court I can't see how you can lose, to be honest. In fact I'd apply to get their claim struck out as an abuse of process, with an order for watsed costs, on the basis of them them having no chance of success! Personally I would not admit any of the debt and fight this all the way . . you will find that there are lots of people on this site who will guide you through the process of defending a claim. BAE

Hi, Mark, Quick answer - yes you can still claim charges from a closed account. Have you already got all the statements that list your charges ? BAE

but I don't think users do it on purpose? Pot, kettle, black?

How is it condescending? I have it installed and I use it every time! I wouldn't advise it if I weren't prepared to do it myself! As for "knowing" it was condescending, you are presuming an awful lot about me, and I would appreciate it very much if you didn't. Yes, the English language is complex, as are most. So? It is both common courtesy and common sense to make sure that what you are posting will make sense to people, especially if you are requesting their help. This has been discussed before, we had a thread once where, because of ONE missing comma, the OP's post turned from meaning that the other side's solicitors had falsified the documents and lied to the judge to meaning that SHE had falsified the documents and admitting so to everyone on this forum. But hey, not important, right? _______________________________________________________________ Methinks the worm doth protest too much. Nerve, hit? .

Hi, newbie, Don't feel sheepish or bad! All you've done is talk commonsense and I think your attitude is spot on! Like Weird Al said, the point of this forum is to help people who need help - not just people who can spell and punctuate their sentences correctly. Everyone makes mistakes and I'm sure that those people with serious problems like repossession or bailiff threats are often going to be in a state when they post their initial message. Hence, they would be more likely to rush their post anyway, without worrying that they'll be in trouble for spelling the odd word wrong or not putting that comma in! Bookworm - your advice about downloading spellcheckers is condescending and you know it! It's also nonsense because the English language is far more complex than just getting your spellings right. Do ewe knot agree? Anyway, newbie, just wanted to say welcome.

If you leave off for 28 days they cant apply for a set aside. Hi, Noomill, or anyone who can answer this! Could you just clarify where you get the above information from, as Car asked. The 28 days is fast approaching and I want to make sure I understand how the system works. Cheers . . . BAE

Hi, Fuzzy, Barclays are one of the banks that will pay charges back by cheque as opposed to into an account, you'll be glad to know! But you must tell them this is how you are to be refunded. I've had 2 claims against them and both were settled by cheque as I contacted their litigation department and stressed that this was how I wanted to be paid. Did you state on your Particulars of Claim that you wanted payment by cheque, this would have been a good idea, (but not a necessity). BAE

Hi, Sweet R, Like you mused in your first post, I would also claim for contractual interest, but put in the 8% as an alternative. This will show you are being reasonable if you do get to court. As for getting your money, I've had 2 claims against RBS, the 2nd one claiming contractual interest. On both occasions they paid out no problem and, like your case, the interest and CCI were much larger than the actual charges. At the end of the day, they will bottle out of attending court and will only try to fob you off with a pittance while they think you don't really mean to sue them. Once you put your claim in, you may be surprised how quickly they want to settle! Here's hoping, anyway! BAE

Hi, This is a standard threat that solicitors will use. This is the reality: In a small claims court either side can claim costs. But actually getting them is pretty rare, whatever the solicitors say, and they will only be awarded by a District Judge if: 1) One side has acted unreasonably, e.g. not attending hearings on time, not supplying documents ordered by the court, generally being obstructive, or, 2) One side has pursued a case that it is obvious they had no chance of success, being deliberately vexatious. in this case, neither of these can be applied and you should treat this threat with disdain. In fact I would start to compile a list of your costs, together with evidence of the other side acting unreasonably and obstructively, in readiness to deliver to the DJ if the case ever comes to the court stage! Play them at their own game and see how they like it!

Noomill, Car, Yeah, I've read that leaving it 28 days before enforcing makes it difficult for them to successfully apply for a set aside, and this is my plan. A few threads in the HSBC forum seem to have gone for enforcement too early after the default judgement and the bank has applied for and been granted the set aside. However these cases involved Bank Charges, unlike mine, and were more or less guaranteed to be set aside because of the test case. I will wait till the 28 days are up, then enforce through a WOE, (the SD was wishful thinking!). Now, if they apply for a set aside, I think their application will stand less chance, but I'm not certain that it will be actually barred through CPR. Anyhow, by that stage I will be happy to let them obtain a set aside as long as they give me the money, (they may just want to get rid of the judgement),and I will be in a very strong position by this time. Alternatively, they may just pay up when I enforce. We'll soon see . . . BAE

Hi, I'd cash the cheque and write a letter along the lines of, " Thanks for the goodwill payment of £75 but I insist that you refund me the rest . . . I do not acept this as a full and final settlement . . . I look forward to hearing from you with the remainder . . ." Unless they've put a specific clause in their letter, like, ' By accepting this cheque you accept that the matter is settled', then there's no problem. Cheers, BAE:)

Decided to play the waiting game and leave it a month before enforcing judgement. They, (the cc company who cannot be named), have ignored the initial court claim form, and are now ignoring the actual judgement against them, which would have arrived in their offices just before Christmas. Now, one more thought. In most cases enforcement will be done by court bailiffs and a warrant of execution, but I'm having strange thoughts about going down the statutory demand route, i.e. why not demand payment and start proceedings to wind up their whole rotten business. Now, I know I couldn't feasibly bankrupt a multi - billionaire company, but think of the publicity!!! Now I just need a brave solicitor and the massive SD fee . . .

Hi, Blutejpj, I take it from your thread that your counterclaim for 2.5k is regarding bank charges, whilst the 5k debt is on a Barclaycard? You say that they only have an unsigned agreement? This means that it is totally unenforceable in court!!! However you need to get your defence sorted asap in order to beat these idiots. Can you give some more info and I'm sure someone will be able to help you with your defence, i.e: 1. What stage are you on regards court proceedings - what sort of hearing is set for the 14th Jan? 2. Have you done a CCA request? 3. Have you asked for a full disclosure of information under Civil Procedure Rules - this is a necessity for you to build a decent defence. Give us some more info and help will be on its way! Cheers, BAE

Hi, SG, It seems that things are going well for you - well done! Capquest have really shot themselves in the foot because - as you've been told already, your request for info under CPR supersedes any S.A.R - (Subject Access Request) request and should be complied with immediately. They're already acting 'unreasonably' and you will be able to use this against them if you get to the court stage. As has been advised, I would send them one more request, pointing out their responsibilities, giving them 7 days to comply, then notify the judge of their obstructiveness if they don't respond. Cheers, BAE

Ah, in that case it seems that a mistake has been made by the court. Did you apply through MCOL or your local court? http://www.consumeractiongroup.co.uk/forum/barclays-bank/110545-urgent-all-mcol-claims.html Unfortunately, MCOL is mistakenly staying cases against credit card companies! If your claim was through a local county court they have been sloppy or not understood that it is NOT a claim for bank charges. You can apply to the court for an order that the stay be removed and the case resumed, but there will be a fee for this. However, the court order stated you had 7 days only todo this? I would clarify this by phoning the court, quoting your claim number and simply ask if you can still apply for the stay to be removed. I had a similar problem with a MCOL claim I had against MBNA. It was mistakenly stayed too, but fortunately MBNA paid up anyway, saving me from having to apply to have the stay lifted. BAE

Letting the co op sue you is an option that I wouldn't recommend at the moment. By the time they get round to bringing a case against you, which could be 6 months down the line, the test case should have been resolved, (all be it with appeals to follow). If you stop paying what you promised through CCCS they will probably start hounding you with phone calls and threatening letters. And when your case does reach court, keeping up with the payments will show the judge that you have behaved 'reasonably' in trying to sort out your finances. On the other hand, is the payment to the co op so large that it is causing you hardship or stress? If so, a different route may be advised. BAE

Hi, MMA, Your claim has been suspended, (stayed), like all bank charge claims are at the moment, until the OFT High Court case is settled. That could be by Feb/ March, nobody really knows. If you are in severe hardship you can apply to the court to have the stay lifted and for the case to proceed, but this is pretty hard to achieve. So unless you are in severe hardship as a result of the charges, there is nothing for you to do except wait until the High Court case is resolved . . . BAE

Hi, Rock, Just wanted to say hello and to wish you well with your efforts to sort out your life. The first step is the hardest - a cliche, but true - and you've made it by coming on here. You'll soon get to know the people who have the expertise to help and others who are in the same boat as you. I remember coming to a point of deperation a year ago when I totalled my unsecured debts at £90,000, and paying interest at over £2000 a month!! Anyway, I'm still here to tell the tale and any help I can give you I will gladly. Keep up your spirits, keep us updated and good luck . . . BAE