No cos IGNM said in this case I could just present them on the day. FDPM Don't understand. BAE

Hi, Yeats, You asked what would happen if you don't turn up - it's simple. They will get judgment against you and be very likely to be awarded all their costs. The fact that they are going for summary judgment may mean that they are confident they will get judgment - but whether they get it or not will depend on the judge for that particular hearing and your presenation of the facts. Firstly, the judge will ask he claimant to go through their application for summary judgment. You can only bide your time at this point, take some notes of what they are saying and wait for the judge to ask you for your side of the story. Then it's your turn . . . But are you definitely going to turn up? Or are you still unsure? If the former, I am sure people will come on to advise how to present your case. BAE

Hi, Pinky, Basically, you don't have to do anything. They are in default of your CCA request and should not even be hassling for a debt that is disputed. Unfortunately, hassle you they will, with the debt being passed around various dcas who threaten and bluster as if they actually know what they doing. Have you received a letter from Incasso solicitors by the way? If so, they may be preparing to take this to court. If that happens, and they still haven't produced a valid, enforceable CCA, then they are on a hiding to nothing - and don't worry, you will get lots of help on how to defend a court claim on here. BAE PS - And NEVER phone them!!

Hi, FD Did you send your bill of costs to the court and their solicitors? Has the other side said that they are going to turn up tomorrow? BAE

Hi, Kitty, Can you give more details regarding the 'personal guarantee' you signed? BAE

Hi, JB, This looks a tough one, to me. Is your friend denying knowledge of receiving anything but the original claim form, - the ccj, then the notice of the hearing for the charging order? From what you have said so far, it sounds like he did receive them? If so, I think the judge might take a dim view of at least three court forms being ignored! Or did your friend attend any of the hearings? If so, what exactly happened? And if he did not receive the forms, was it because of a change of address? Sorry for not sounding more hopeful, but I think a few more details are needed before a reliable argument, (if there is one) can be made. BAE

Hi, Prudence, One way to claim costs is through a wasted costs order, and it is free. See this link, (and adapt to your circumstances). http://www.consumerforums.com/resources/templates-library/48-bank-templates/143-wasted-costs-order- BAE:)

Hi, FD, Actually, the cat in the photo is called Flossie!. But you guessed right that I have two cats called Blossom and Ebony, and I also have another two! Just love 'em! BAE

Hi, FD, You would be surprised what these people get up to. However, it is unlikely that any of the regulatory authorities would do much about this sort of blatant harassment, I'm afraid. Main thing is, stick to your guns in getting the SD set aside. I was in a similar situation recently. When I got to the court, the judge simply asked me to state why I had applied for a set aside. I replied that the debt was in dispute and outlined why. She immediately said she would have to set the SD aside. She then criticised their solicitor for verbally asking to adjourn the hearing, when he had not even applied for an adjournment! Then she awarded full costs to me, as I am sure you will be, too. As posters have already said, SDs are a scare tactic which often prompt people to pay up even disputed debts. Those who don't pay up, and apply to set aside the SD, invariably win! By the way, I would keep the letter from the DCA as evidence of the incompetence and lack of morals of these people, to show the judge at your hearing - that should be fun! Oh, and when is the hearing? BAE

Well done, Prudence! Don't forget to put in a claim for your costs now they have skulked off . . . BAE

Hi, For Barclay's purposes, they will say it is both the application and the agreement. Thre fact it states it is a credit agreement regulated by the CCA 1974 adds weight to this. Whether it's enforceable by a court is hard to tell because the print under 'Agreement regulated by CCA 1974' is very small. Can you read what it says? BAE

Thanks, Bankfodder. I will calculate the interest and put my claim into court in a few days, when my wages come in, (prelim letter and LBA have long since been ignored by RBoS). Hope the process doesn't take long - my last cc claims were in 2006 and were swiftly refunded once they reached the court stage. Has anyone any experience of how long recent claims are taking, before the RBoS pay up? (If they are being successful, that is, for the 'successes forums' seem to be quiet at the mo'). BAE

Hi, Just about to start a claim against RBoS. It's for approx £2000, but that's without the 8% interest allowed by courts. Not claimed like this for a while and I'm not sure how much the 8% is going to amount to. For example, say I had charges of £100 in 2003, how much interest would that be up to now? Has anyone recent experience of calculating the 8% accurately, and can tell me in plain language what to do? Cheers BAE

Thanks, Andy. I guess I'll get back to them and ask for their prices, (it was about 6 months ago when I inquired so maybe they're cheaper now). What do you pay for the exra box, by the way? I could quote this to them when I ring. I'll also check out the video sender box you suggest. Cheers, BAE

I'm with Virgin and would like to have the same XL channels in a further room. I enquired to Virgin and they quoted a really high price - apparently you need an extra tv box and then rent the channels at the same, or similar price as your main tv. I was wondering if there was any cheaper packages available, or a cheaper method of transmitting the XL channels to a different set in the house? Or has anyone had any luck haggling with Virgin over their prices? BAE

Hi, Bob, Well in . . . Another one bites the dust!!!! BAE:)

Hi, again, Sory you're feeling down, Reeny. Most of the people on here are either feeling stressed by similar problems, or have been through it. So you're definitely not alone! I'm dealing with mortgage arrears and credit card debt and various nasty Debt Collectors at the mo', but I've learnt to channel my anger and frustrations into positive actions - and I'm sure you're on your way to doing the same. Try not to worry too much about the creep of a landlord you've got - in a month you'll be away from the situation and if he has the nerve to take any action against you I am sure you will get lots of help to fight it from this site. (That is, IF he takes action, for in my opinion he sounds like a chancer who thinks he can get away with cheating people so long as they don't fight back and understand their rights.) In essence, I would focus more on any other debts you have, and how you can sort them, plus saving to make your new place nice. BAE (By the way, the photo is of my cat, Flossy . . .)

Hi, Reeny, The landlord has broken the terms of the lease by not fixing your boiler, maintaiining the property etc. A contract is a two way agreement - he cannot deny his responsibilities while claiming you have breached the lease! (unless he is an idiot!). A court will recognise this and take it into account if any action is taken against you. For now, I would compile a list of all the repairs he has failed to do, dates when you requested help, details of his aggressive attitude etc - then you will be prepared if he does take action. . . and get out of that house as soon as possible! BAE:)

Hi, You will get more help if you post this in the Co op forum. What stage of the proceedings are you up to? BAE

Hi, Borgbaiter, Just read the FOS response that you posted - unbelievable!!! So sorry that they proved absolutely toothless and gutless, (yet again), but at least you've come out with the £500, and live to fight another day . . . BAE

Hi, Loobyloo, This link may be helpful to you: Removal of CCJ's - Main Menu I don't think you would get the ccj set aside solely on the grounds that you moved address - they have complied with the Civil Procedure Rules if they have served the court and you with the claim at your last known address. They will state that they had no other address and the court will probably accept this. However, there are lots of angles to approach getting a ccj set aside, from disputing the enforceability of their agreement, to whether or not they sent you a default notice, (and if so, did it include charges, thus making it invalid!). I have had a ccj set aside, where I did not receive the court claim and I disputed the whole amount of the debt when applying to the court for a set aside. As soon as I did this, the creditor discontinued all proceedings! BAE

Hi, Carriesue, BAE

Hi, Kinganne4, I would firstly read around the site and become more aware of your options and, more importantly, your rights. The next step may be to check the validity of the 2 accounts by sending this letter: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter.html If they have valid Credit agreements, then you may have to start negotiating with them, like Buzby says. If they do not respond within 14 days, with valid agreements, then the account is 'in dispute' (and they cannot legally enforce the debt until they can come up with the agreements). BAE:)

Hi, Vixta, I've only claimed the charges back by an initial request for a refund sent to Lloyds - sorry for being unclear! However, I have made 2 previous claims against Lloyds through the small claims court - both settled before court - so i can dig up my Particulars of Claim if you like. Basically I copied and adapted it from one of the excellent templates found on here, all the work is done for you. BAE

Hi, Vixta, Am I on firm ground when asking for all payments made to be refunded plus interest, plus compensation, fo they way they have processed my data? You will get no joy at all in trying to get a refund on payments already made, or the interest. You may apply for default removal to the courts but be prepared for a difficult journey - most of the threads on here suggest that companies can be very dogged at retaining defaults and any compensation would be a long shot too. On the bright side, if it turns out that they really have written of your loan, that is an amazing success in itself! You can still apply for a refund of charges on your overdraft but Lloyds is blindly resisting all hardship claims, as i have found out! I have had no joy with my initial claim despite, (like you) being in the throes of repossession. So now I will file the details of the claim with the FSA. If no joy there, the last option is a complaint to the FOS, but I don't hold out much hope, to be honest. If my claim is not upheld by either of theses bodies, I would then be forced to put in a court claim and sit tight until the waiver is over. BAE:)