Hi everyone, My wife and I separated last year. We have a mortgage in joint names for a property that neither of us now live in, with Platform Home Loans. The property is empty. Because we both now live completely separate lives in new accommodation (rented) neither of us can afford to pay the mortgage in full. We don't want to keep the house, we just want rid. The house has been up for sale since early Dec 2012. We did get into some hefty arrears before we split, and Platform have a suspended court order over the house. Platform are threatening to activate the court order and repossess the house even though they have proof that it's on the market. One of the options we have considered is handing the keys back to Platform so that they have control of the house. Is this a good option? What other options might be available at this point? In some respects neither of us are bothered about repossession, but the costs look horrific. Grateful for any advice. Many thanks, Norfolkboy

Tomtubby, thanks for your reply. I've writtren formally to Rossendales to get a break-down of all charges applied to the account and am still waiting for this, so at the moment I'm not sure about the fees for the levy that never happened. As far as the bailiff himself is concerned, he wants payment in full (funny old thing) and has not been amenable to any sort of payment offer so far. All he has stated is that he is getting hassle from his head office (not true - I checked) and hassle from the district council (not true - I checked) to get the debt cleared off. Although neither of the cars I mentioned above are registered to me, I do have a car of my own. I seperated from my wife recently and given that she is disabled I persuaded Rossendales head office to use my new (rented flat) address as the 'enforcement' address. My car is at the new address - but although my wife and I have parted, there will still be legitimate times when I need it to transport her; so for example, next week I have to get her to a hospital appointment where for treatment reasons she won't be able to drive herself. I have nothing of any value in terms of possessions, but the car is a bit important and in my view about the only avenue the Bailiff could go down to get any sort of lump sum recompense from me..... I feel compeletely stumped with all of this!!!

Apologies - I didn't make myself fully clear. I persuaded the district council to take a payment off me over the phone - effectively I bullied them in to it. The debt still lies with Rossendales, although as I say they were most aggrieved that the council had accepted a payment. What I'd like to do is keep making payments to the council through their website but this won't show as coming off the old debt, it will show as coming off the current year and as I have a payment plan in place for that I don't want to disrupt it. The council have said they won't accept any more payments over the phone and I need to pay Rossendales - but if I pester the council, presumably they aren't going to refuse a payment??!! Please could someone explain the levy situation? Hoew does that work and what does it mean? Thanks for all your help as ever. Norfolkboy.

I'm having an onbgoing battle with Rossendales over an old Council Tax bill. I've followed lots of advice from this forum and incredibly helpful it's been (always is!). I have had some advice from the CAB as well, and interestingly they say that in their experience it's very rare for bailiffs in a Council Tax scenario to touch cars. Not sure I quite buy that, as one visit from Rossers saw the Bailiff bloke looking to seize, impound, whatever the term is, 2 cars on my driveway. Fortunately, neither car was registered to me and he had to back down. My question really is whether anyone out there who has banged heads with Rossendales has had them take their car? I think I have everything else sorted (and indeed have persuaded the district council to take payments from me, with Rossers were most unhappy about), but am concerned that I need to keep the car. I know I can park it elsewhere and walk home, not a problem - but just trying to gauge the likelihood of the man trying to take the car. Grateful for any thoughts. Cheers!

Jogs, Cheers - but we did receive court paperwork.....I just didn't return it because I was so convinced that a lack of an original signed agreement would nullify any action they might take. They just didn't notify us that the court action was actually happening (ie, the date/time). Where does that leave us?? Can I still apply for a set-aside? Thanks again. Norfolkboy

Firstly, some while since I've been on here so apologies straightaway to Mods if I've posted in the wrond place. In 1999 we took an unsecured loan with Nationwide for £15K. We paid approx £6K off it but then ran into major financial difficulties. The loan was eventually sold on to DCAs and did the rounds, as they do. Each time we were contacted, I sent the standard 'prove it' letter with no particular result and so it went on over the years. In early 2010 Nationwide themselves got in touch to say they wanted the loan paid off or they would take court action. I wrote several times and asked them for a copy of the original signed loan agreement. This did not appear despite a number of requests, and Nationwide were extremely vague about the whole thing. All went quiet. Then, this year, around March/April, Nationwide got back in touch again to say they wanted the loan paid off or they would take court action. I wrote again and asked for a copy of the original, signed, loan agreement. Nationwide then wrote back to say they could no longer locate the original signed agreement, but also sent some court papers out. I went back to point out that without a signed original, in my belief, any proposed action would not stand in court (but like a fool didn't send the court docs back). Eventually, we were sent an UNSIGNED print of a loan agreement naming us and giving details of a loan. The Nationwide people stated that in their belief this represented a 'reconstitued' loan agreement and that any action would stand. Whilst I was still trying to get advice about this, Nationwide took us to court without our knowledge and obtained judgements, the details of which we received in the post yesterday. Firstly, grateful for any views on whether printing a new loan document without our signatures can constitute an agreement. This strikes me as just 'making up' an agreement, which could be done to anyone, not just us!! Secondly, we have never ever had a judgement made against us and I am not sure what to do next. Should I speak to Nationwide and seek a payment agreement? The court document says I have 4 days to find £9K, which just isn't going to happen!! Surely Nationwide can't just send the bailiffs in without giving us some chance to find the money? Should I try and strike a compromise deal? Really grateful for any steers - I really feel we have been treated wrongly here and that Nationwide's action has been unethical. Many thanks, Norfolkboy

Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed. I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones: 1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong?? 2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe? Many thanks, Norfolkboy

Grateful for a bit of advice if poss. In June 08, Capquest posted me a Stat Demand in respect of an old credit card debt. The residual debt, which I am paying off with them, is now around £1800. Recently, I completely forgot to send a payment in and received a computer generated letter from the revolting H H Legal (albeit from the Capquest address), pointing out that Capquest had served a Stat Demand on me in June last year and that given that I had acknowledged said Stat Demand (I didn't, but never mind that) they were considering taking me for bankruptcy. H H Legal had also got a much higher monthly instalment figure as well, but I wrote and complained that they were trying to extort money etc and the lower figure was resumed. I then wrote to them with a payment, apologised for the delay (through gritted teeth) and the debt continues to reduce. However, I have 2 questions for you learned ones: 1. I thought a Stat Demand expired after 4 months and would need to be renewed after that? Right or wrong?? 2. How mugh does it cost to take someone through the process of making them bankrupt (I know issue of a SD is no cost)? I thought it was a fairly costly exercise and well in excess of the £1800 that I actually owe? Many thanks, Norfolkboy

Thanks. Think I know where YOU are coming from.

Presumably, though, if I go to my local court and set this aside, it indicates acknowledgement?

42man, The SD does not have any court stamp on it at all, official or otherwise! Nor is it original signed, if that is of any interest.

42man, Thanks. The result of the CCA letter was a photocopy of my signature on the application form for the credit card, titled 'credit agreement regulated by the consumer credit act 1974', and dated 23 Feb 99. The rest of the document is not there. Capquest also provided statements for the account, which do show some late payment charges (£15 each time) and, of course, interest. Not sure if these count as excessive. I wouldn't, of course, send anything to this lot without it being Recorded Delivery. My worry, as I say, is that I might imply receipt of the SD - and this I am not prepared to do. If Crapquest had the b*lls to do things properly, I might give them more time. But as things are, I just want to get the debt cleared. What I will do at a later date is SAR them, as they wrote to tell me they had carried out investigations into my financial affairs before threatening the SD. I want to know what, if anything, they did. And if they didn't carry out 'investigations', then I shall engage my solicitor!!

I have been paying off an old credit card debt (£2650) with the awful Capquest under a payment arrangement agreed with them (quite happy to do so - I owed the money and want to clear the debt, been through the CCA route etc). Unfortunately, I've been ill, ending in a trip to hospital, and missed a payment at the beginning of this month - admin not being top of the priority list! I contacted Capquest and made a payment by debit card when I realised. They then told me that the arrangement was now null and void, and that they had 'writen me a letter' about the matter. The letter, of course, when it arrived was a Stat Demand. They want me to phone thm today to discuss the 'letter'. Now clearly, I am not going to do that as it would acknowledge recepit of the SD. But equally, I want to write to them with an offer for a reduced settlement - which I can just about afford, and I really want this off my back. BUT: I do NOT want in any way to indicate receipt through the post of the SD. Any thoughts please?? Presumably, a straightforward letter of offer would not imply that I had received a SD from them? I'm really stuck with this one. I want to pay the debt, but don't want to get into SD territory, especially as the SD hasn't been correctly served. Help please!! Many thanks, The Norfolkboy

Yes, some considerable while back. They sent me a front copy of the card application form........eventually.....

Hi Folks, Seeking a little help. Lowell/Red have sent me a Stat Demand, 2nd Class Post, about an old Barclaycard debt (originally dating from 2000, but not unfortunately yet statute barred). They did the Stat Demand thing previously at the beginning of 2007 - again by 2nd Class Post - and nothing came of it despite the usual threats from, at that point, Hamptons Legal. Having been through the cycle once already, I have to say that I am less panicked by this than 1st time around - especially as I do not believe the delivery method constitues 'Service'. But on the basis that one should never take these things lightly, nor make assumptions, does anyone out there have templates for the Stat Demand set-aside forms?? Really grateful if someone could pass them to me here. Many thanks, The Norfolkboy

Curlyben, cheers indeed. But if I made a payment in 06 does that not restart the debt?

Looking at the record, unfortunately, I allowed myself to be bullied into an agreement on the phone in Jan 2006. I think I made one payment at that stage after which the tactics hacked me off so much - having got advice about the CCA position - that I stopped the payments. I had not CCA'd Capquest at that point, and didn't until this re-emerged last year. Prior to that, I had a letter in Oct 06 from Capquest telling me that they had returned the debt to Capital One.

The debt is from 1999. I CCA'd Capquest, not acknolwedging the debt, in Jun 07, and had a photocopy of the signature I had put on the Credit Agreement, with some statements sent. I was then away for a period and did nothing further. The Stat Demand letter arrived yesterday. This is the second time since 1999 that Capquest, by their own written acknowledgement, have had a go at this one. On that basis, it clearly isn't statute barred, although one might question the tactic of trying again having failed to reocver the debt in the first place. The only point of defence I have got, I guess, is that it took Capquest well in excess of 12 days to provide the documentations. Suspect I will need to get in touch with them quick sharp and arrange a repayment plan - albeit in writing. Grateful for any further thoughts/advice.

Capquest have written to me telling me that 'on or about' 24 Mar 08 they intend to serve a Statutory Demand on me for a very old credit card debt. Has anyone else been threatened by Capquest in this way? Has anyone had a Stat Demand served on them by Capquest? I can't not take the threat seriously, obviously, but of course Capquest are saying that the 'only way to stop this' is to phone to discuss repayment options. Part of me feels this simply a strategy to get me to contact them (which I refuse to do on the phone), but equally the threat of a Stat Demand should not be ignored. Any thoughts? Many thanks - Norfolkboy

Firstly, apologies for re-submitting this - still need some help (Tomterm8 - are you out there?). Took an unsecured loan with Nationwide Trust in 1999, then ran into financial difficulties and couldn't afford the repayments (although still working). Nationwide were massively unsympathetic, even demanding that we move money from children's savings accounts to service the debt. The loan was subsequently sold to debt collectors, and although I have paid some amounts off it over the years, it has circled around various companies - but having learn't so much from this site, I started sending the CCA request letter, which none of the DCAs ever complied with. In simple terms, the debt then 'disappeared'. Stupidly, and yes I can hear you all groaning out there, we had stayed with Nationwide as our main bankers. Then, at the beginning of December 07, our Nationwide Flexaccount was frozen. We next received a letter telling us that the account had been frozen and that the money in there would be transferred within 14 days to offset the remaining loan account debt. Obviously, I got straight in touch with Nationwide unsecured debt recovery who demanded £400 per month to reinstate the account (a figure greater than the original loan monthly instalment!), telling me this was less than many other 'agents' would demand. They wrote a short note telling me that we had an 'arrangement' and highlighting not only the amount remaining, but that they had also levied £2,199 in late charges. They have threatened legal action (as they would) if the arrangement is not adhered to. We have now changed banks, and so are clear of any further risk of the account being frozen again. But my question really relates to what sort of action they might consider - given that when our account was frozen, the loan was over 3 years past it's original payment period. Although I don't dispute the debt as such, I sense that morally Nationwide are not on the strongest ground and I feel I would be prepared to highlight that in court as well as the media. I am also minded to challenge the late fees as these seem not only excessive but randomly calculated too! In other words, I am not prepared to be screwed around by Nationwide any more, and would really be grateful for any thoughts on how to move forward with this. As a point of note, I am about to challenge the bank charges on the Flexaccount as well as an old Nationwide credit card debt (yes, we had the lot!). Since the loan was started in December 1999, there are numerous letters from DCAs chasing me for money, but no mention of any assignment or the debt being sold either from, or to, Nationwide. Many thanks from Norfolkboy.

Tomterm8, since the loan was started in December 1999, I can find no mention - and you're right, it is a mound of paperwork - of the wording that you mention. There are numerous letters from DCAs chasing me for money, but no mention of any assignment or the debt being sold either from, or to, Nationwide.

Firstly, apologies to Mods if I have placed this piece in the wrong place! Took an unsecured loan with Nationwide Trust in 1999, then ran into financial difficulties and couldn't afford the repayments (although still working). Nationwide were massively unsympathetic, even demanding that we move money from children's savings accounts to service the debt. The loan was subsequently sold to debt collectors, and although I have paid some amounts off it over the years, it has circled around various companies - but having learn't so much from this site, I started sending the CCA request letter, which none of the DCAs ever complied with. In simple terms, the debt then 'disappeared'. Stupidly, and yes I can hear you all groaning out there, we had stayed with Nationwide as our main bankers. Then, at the beginning of December 07, our Nationwide Flexaccount was frozen. We next received a letter telling us that the account had been frozen and that the money in there would be transferred within 14 days to offset the remaining loan account debt. Obviously, I got straight in touch with Nationwide unsecured debt recovery who demanded £400 per month to reinstate the account (a figure greater than the original loan monthly instalment!), telling me this was less than many other 'agents' would demand. They wrote a short note telling me that we had an 'arrangement' and highlighting not only the amount remaining, but that they had also levied £2,199 in late charges. They have threatened legal action (as they would) if the arrangement is not adhered to. We have now changed banks, and so are clear of any further risk of the account being frozen again. But my question really relates to what sort of action they might consider - given that when our account was frozen, the loan was over 3 years past it's original payment period. Although I don't dispute the debt as such, I sense that morally Nationwide are not on the strongest ground and I feel I would be prepared to highlight that in court as well as the media. I am also minded to challenge the late fees as these seem not only excessive but randomly calculated too! In other words, I am not prepared to be screwed around by Nationwide any more, and would really be grateful for any thoughts on how to move forward with this. As a point of note, I am about to challenge the bank charges on the Flexaccount as well as an old Nationwide credit card debt (yes, we had the lot!). Many thanks from Norfolkboy.

Just seeking some thought/advice on the following situation (long story short). Took a loan with Nationwide BS in 1999. Got into financial mire and eventually, around 2000, the debt was passed to DCAs. Since then it has been with several - Moorcroft to name but one. I made a number of payments over a period of time and then, having seen the outstanding advice in the CAG, started challenging with CCA letters and so on. Of course, not one DCA managed to produce the documentation and the whole thing went dead as of around May 2006. Yesterday, got a letter (dated 31 Jul) from Nationwide saying that unless I paid £2199 in missed payments to the loan account by 13 Aug 2007, they would serve a default notice on me - but the letter also says to contact them if I can't pay. There is no way that I can raise that kind of money in that timescale, but it does seem bizarre that this should leap out of the woodwork after such a long time. I am keen to avoid a default on my record, having worked hard to clear a lot of debt and tried to sort my life out. My instinct is to contact them and try to work out a payment arrangement, not least of which because our bank account is with the Nationwide. Questions really are: is that the logical thing to do? If I don't they may take legal action after the default notice. If I make a payment arrangement are they likely still to serve the default notice? I suspect I should also now move from Nationwide to another bank, but my creditworthiness is still not brilliant. Any thoughts on which bank might be willing to take on someone with a poor record, for a standard bank account? Any thoughts/advice gratefully received.... Masses of brilliant advice available on this site and the one thing I have learn't over the years is not to panic and to think things through. Apologies to Mods if this post is in the wrong place!

I agree - it amused me too. I suppose one shouldn't complain in a way; after all it was written to me personally rather than the usual mass-printed stuff, and the tone was quite pleasant. Pleasant but stupid!

Equidebt Ltd, a new one on me - never heard of them before - wrote to me recently about a (very) old (but sadly not statute-barred) credit card debt. I sent them the standard CCA request which they acknowledge receiving on 13 Feb. They then wrote back to me on 20 Mar, with several photocopied card statements - and nothing else. Notithstanding that they were outside the 12 day rule, I was a little intrigued with the wording in their response, which goes like this: ''I note that you have requested a copy of the ''agreement'; made reference to the Consumer Credit Act and indicated that you do not 'acknowledge' that the debt is due to ourselves. I assume that the 'agreement' you are referring to is an agreement between Royal Bank of Scotland and Equidebt relating to the assignment of the debt. Our view is that there is no provision in the CCA 1974 that requires the assignee of a consumer credit debt to provide a copy of the assignment agreement to the borrower not is there any requirement for the borrower to give consent to such assignment. The law relating to this assignment is set out in s136 of the Law of Property Act 1925. This has been complied with as written notice of the assignment was provided to you in the letter from RBS and ourselves both dated 29 Jan 07.'' As I say - a little intrigued, but not sure whether they're being deliberately dull, are genuinely dull, or simply trying to pull a flanker in not providing a copy of the original agreement. I haven't responded to them again. So: Grateful for any thoughts....... Anybody else come across this line??