Phone the bailiffs and ask why they haven't executed the warrant. BAE

Inform the courts and defendant by letter. Get proof of posting or send recorded delivery. If you're worried about anything give the court a ring. BAE

Hi, Girlsaloud, Basically, Tesco will only provide the application form and claim it is enforceable. You will claim it is not enforceable and it is only a court which will decide either way! Are the prescribed terms on the 'application form' ? - if not, they have no chance of getting any money from you, whatever they bluster. Whether or not you dispute the CCA, they will default you, as you have found out. KEEP the default notice as it may be extremely important if this ends up in court. Next, they will set various DCAs on to you, to reclaim the balance, to which you will claim the account is in dispute and you do not acknowledge any debt, etc . . . Then they will send in their legal team, ie Incasso solicitors, who are fairly lively about starting a claim. They will expect you not to defend, of course, leading to them get a ccj against you by default. Then they will go for a charging order if you own your house. Now for the good news . . . Incasso are notorious for issuing county court claims at speed, but then have no guts to see it through, usually discontinuing their action when anyone has the temerity to defend! Can help you if it gets to that stage as I've been there before . . . BAE

Hi, Anni, The info you're looking for is here: http://www.consumerforums.com/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr Remember, you only have top amend your claim if it does not include the argument that the charges are unfair under the UTCCR! BAE

Hi, Captain, You might want to post this thread in the Legal Issues forum, you'll get most help there. You can Pm a Moderator to move it. BAE

I hope you don't give up, Bubbly, however many rejections you get. If you really have recovered from your past problems, eventually someone will see that and give you a chance. Obviously, you have to give the details of your past to any potential employers, as the other posters have said. As well as filling in application forms and attending interviews etc, i would also concentrate on getting some evidence, from a professional, that you are free from past health problems. If the GP won't help, he is obliged to refer you to someone who can. The more evidence you can get to support your applications the better. BAE

Hi, Kermit, You could check the register of county court judgments if you wanted to know for certain if there are no ccjs recorded: County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits This is what it advises: How can I find out if a judgment is registered against me? If you are not sure whether any judgments have been registered against you or by which court, you can search the Register. You can do this on-line by visiting CCJs, court orders & fines - Search yourself and others - Trust Online or by sending a request form or a letter to the Registrar: Registry Trust Ltd 173 - 175 Cleveland Street London W1T 6QR Or you can phone them on 020 7380 0133. Also, have you checked your credit records held with all three credit reference agencies - experian, equifax and call credit? Sometimes there may be information with one cra which does not show up with the others. BAE

RBS have offered a partial refund. I don't want to accept such a low offer but I am prepared to accept a fair settlement. Has anyone any experience of RBS's stance on a bit of negotiation? Are they likely to say, 'That's your offer, take it or leave it' or do they actually negotiate? BAE

Do you mean that they issued a claim at Northampton? They would only get a ccj if it went to court and they won the case against you, (or you didn't turn up and they were awarded a default judgment). And for a judge to the set aside the judgment, it would mean that you had applied for it, (£75 fee), and attended the set aside hearing. Clarify a little more and I'm sure you will get some good advice! BAE:)

Anyway, I have written to the defendant and said as soon as you pay I will file the notice of discontinuance. Definitely the only thing to do! If you discontinue you now, before it's settled, you're knackered, basically, because you can't restart the claim when they don't pay up.Let the claim continue, get judgment against them and enforce it with bailiffs as soon as poss. BAE

Hi, Annemarie, I think you will have no problems, the crb check is purely to check you out, not your son. Your son should also not be too worried about his caution, either. For a start, does it still show up on the crb check? I've known people to have crb checks, worried about cautions they received as teenagers and they find the record of cautions have been removed. When the company receive the crb check, you should also receive a copy in the post. If not, make sure they should provide you with a copy. This is important as there may be incorrect information on there that you can appeal and get removed. BAE

Hi, Intree, Trying to get the judgment set aside on the basis of 'Oh we changed address and didn't receive the judgment' is bonkers and I can't believe they would actually consider this excuse to a judge!! That is, any normal, right - thinking human being, with a brain, tells the post office to forward their mail to their new address, ( I think there may be a fee), for, say, 6 months after they've moved! Not rocket science, is it . . . So: I suggest you pose questions to the court and the company about this 'supposed' change of address. Did this so called professional legal company ask the PO to forward their mail? If not, why not? If they did, who in their organisation was responsible for contacting the PO? On what date did they request forwarding of mail? Why did the PO not forward their mail? Is there a reference number given by the PO, to show that forwarding of mail has been requested? Etc . . . This line of questioning should prove 1 of 2 things: Either, 1. The company in question are idiots, or 2. The company in question are liars. I can't see the court allowing their application whichever they are . . . BAE

Hi, Emanevs, Could you post your application to set aside? I didn't understand the basis of the SA - have they got a ccj against you or are you trying to get the court to term loan agreement 'unenforceable'? BAE

Don't think they're the same handwriting. The scrawl on the Notice of Assignment is not even an attempt at a signature, it's obviously tat. I would ask MBNA for the name of the person who 'signed' / created / designed the NoA. And if they can take time off school, would they mind being called as a witness! BAE

Well, at the mo', the ball's in their court . . . They will probably terminate the contract on or around the 18th August. Keep everything they send and post it on here for further advice. You say you're resigned to losing the car, (and you think it's useless anyway!), so I would personally deliver it to them as soon as they have terminated your contract. That way, you're shut of it, you won't get gorillas turning up to collect it from your house and they can't charge you anything for 'recovery'. Don't forget to get a receipt! Then they will sell it, most likely at a knock down price, deduct this amount from your outstanding balance and bill you for the rest. That is when court proceedings will be threatened - they may even issue court proceedings without further notice. If you decide to defend, which is definitely what I'd do, that is when the defective DN will magically appear to save you . . . well, we can only hope, can't we! If you do have to defend a court action, I'm sure you'll get lots of other opinions and advice on here besides me, too! At least now, you now know what to expect, you have been given a possibility of a defence and it's a case of waiting for the whole process to get underway . . . Good luck! BAE

Hi, Levirocks, Yes, the image is much better! I think what 42man is getting at is the fact that some companies have issued defective default notices and therefore lost the legal right to claim the full balance of the account. My take on it is that if you can prove the default notice is defective the only amount they can claim is the amount of arrears when the DN was issued.(In your case, that would be £521.66!). I think this also relies on the account being terminated, (which it will be on 18th August). Others will clarify this. Now, form the looks of it, the DN you posted is defective! It is dated 4th August and only gives you until 18th August to rectify the arrears. As the law says the DN must give you a full 14 days to rectify the situation, they should have given you, say, until 23rd August, because they have to allow for post. Even if they say the post takes two days, you should have been given till the 20th August to comply. Hope this makes sense. There's a larger discussion on this at: http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html Of course, you have to remember that there's no guarantee a judge will accept an argument simply based on in incorrect date on a DN, if it did get to the court stage. But if the only alternative is a crippling debt that will only get worse with the ridiculous amount of interest they charge, it could be worth a try . . . BAE

This is a basic defence that I have used several times, (written by a former cagger). You will have to amend it to suit your circumstances. For example, if there are charges on the account, that gives you an opportunity to make a counterclaim, (part 20) - but obviously you can only do this if the claimant sends you the required statements! If HC do not produce the required documents at the disclosure stage (this is prior to the main court hearing when both sides have to swap all documents they will be using in court) you can apply for an order (N244) which compels them to do this. In default their claim will be struck out. *Delete the red parts if not applicable* Defence 1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based. 2. shortly after the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant refused my request on xxxxxxxx. 3. The documents described above were the subject of a Part 18 request I have also previously requested a copy of a Credit agreement under the terms of the Consumer Credit Act 1974, on the xxxxxx. The claimant has also failed to produce this document. 4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all. Part 20 Claim 5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to late payment and overlimit charges. 6.The defendant/Part 20 claimant refers to paragraphs 2 and 3 above. As a consequence of the claimants/Part 20 defendants refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity. And the defendant/Part 20 claimant claims:- i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement. ii) Damages limited to £5,000.00 iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit. Dated this day of xxxxx 2009 Statement of Truth I confirm the contents of this defence/Part 20 claim are true. ......................... ......................... ... defendant/part 20 claimant To the court And to the claimant/part 20 defendant It is good enough to get you to disclosure. BAE

This is standard fare for Howard Cohen. Seeing as they sue via moneyclaim they don't even have to attach a copy of your agreement. And they won't give you a bean in documentation unless ordered by the court, (which you will have to ask for as part of your defence). This is how they operate, sadly. You've acknowledged so you have 28 days from service of the claim to defend. I'd take it that you won't receive any further documentation and draft an 'embarassed' defence, with leave to amend it at a later stage. There's lots of good examples of this sort of defence on here, look around and see what applies to you. When you've done it, post it up and others will advise on changes. Cheers, BAE

Levirocks, Good try but the images are too small to read! You may have to go on to Photobucket or similar to post them up larger. Cheers, BAE

Hi, Levirocks, How long since u purchased the car? What sort of guarantee did it come with? What are the problems with the car and when did they start? BAE

Hi, Akania, Lloydstsb are the worst for refunding anything under the hardship criteria, as you can see from the posts on here, unfortunately. Like K1mmie I have been rejected by Ltsb under the hardship scheme and it is now with the FOS. The Fos have replied with their initial findings, which agreed with Lloyds. To be fair, the FOS sent me quite a detailed letter. What's most annoying is that Lloyds have told the FOS a whole string of inaccurate information and the FOS have swallowed it!! Firstly, Lloyds have told the FOS that my debts were wholly with other companies - LIE. Then they said I had agreed to a repayment plan for my overdraft - LIE. (they contradict themselves quite a lot!). So, I have written back to the FOS for a final judgment, outlining the falsehoods. To be honest, I don't expect much, it's apparent that Lloyds will say the right things to the FOS to get what they want. Still, you have to try. Good luck with yours! BAE

What about reclaiming the charges? Or did the consent order state that you will not take any action against MBNA in the future? BAE

Hi, Pompeyfaith, Just read the thread - very interesting! Just wondered where you are with this at the moment. Have you decided to claim back the PPI? Did you ever receive a full set of statements from MBNA so you can go for a reclaim of charges? Congratulations on avoiding the ccj , by the way! Cheers, BAE

Looks like RBoS are going to defend this one. . . In their defence, received last week, they are saying that their 'charges' are not 'charges', but, 'payment for services provided by the defendant'. So how can charging £20 for an overlimit fee or late payment be a service?! What are they 'providing' me with for this 'service' ? Anyone any suggestions how to counter such an absurd idea??? BAE

Hi, This is a question regarding bank and cc charges claims. On most of the standard N1 claim templates I have seen,they state something like: 'Therefore the charges were punitive and a penalty and thus unenforceable at common law.' I want to know which principle of common law this refers to, or where to find more info on common law. My first thought was that it referred to the principle of 'liquidated damages', whereby a company cannot claim charges that are in excess of their 'true costs' incurred when a customer breached the contract. Does anyone know? BAE