The CCA route is currently a bit murky and is designed if the account is in dispute, you obviously want to pay it so its not really an issue, the only time you will usually be offered these 50% offers are when the debt is sold and at that point you would have defaults for the debts and they are very difficult to get removed. If you just want to repay them at a set rate I would send the letter you can find in the templates on here.

Good luck Humble

Hi Alison, It depends what the debt is, can you be more specific ie credit card,loan,mail order etc cheers

Hi Yourbank, Its with HSBC, was due in court august 2007 about a week after they issued the waiver! I got a letter from HSBC 3rd Jan saying as far as they were concerned all issues resolved with the sc outcome and as it was a court claim It would be dealt with by their solictiors. Any help greatly appreciated

I think this is more with original creditors rather than the DCA's who buy the debts from them as they would surley need the original to follow a debt that there is no legal proof to them ever existed.

Hi yourbank, I sent off the first template that was listed on here straight after the supreme court hearing nov 25th (I was a bit hasty me thinks) that my claim was not in relation with clause 6 but would be found under clause 5 etc, im sure you know the letter which i refer to. The court office just said the Judge had refused my request for removal of the stay and i would receive a letter shortly. Any help greatly appreciated

Just phoned Liverpool County Court told stay would remain as judge has refused my application to have it lifted and set a hearing date.

My nan had a next account and when she became ill sold her house moved in with me so changed address, when she died (18 months ago), I told next and sent a copy of death certificate via e-mail, next acknowledged and said account closed, a couple of months passed and bills started coming to me so called them to be told "sorry will cease at once2 a few months went by and bills started again contacted them angrily 2sorry computer error will cease" approx six months passed and another bill called them told them this was the last straw and they would not get anymore response from me, again "sorry different department sent them out wont happen again", last month another bill!!! Just binned it as sick of them, today got a final demand from Lewis Debt Recovery for tjis account so phoned Lewis who were OK and said all noted and apologies from us and will send back to next, called next who said "we are waiting for the death certificate from the executor" (not me incidentally) told them of all previous problems with them and that I would report to FSO, told me removing my address from their file. Should I report it as they seem to have taken no interest with all my previous calls? cheers

Well done Mickyboy, if they dont come back with anything end of story (but probably sell it on to some one else and all starts again!!), if they say they own the alledged debt then they have chased you illegally as they have no CCA themselves there is no way they knew if it existed or not but if acting for S/Direct then they are ok to ask - but not recieve payment lol!!! good luck

Thanks citizen

I have a court date tommorrow and cant find a list of settled Barclays cases to add to my Wasted Costs Order followed the links but nothing there Please help thanks

Looks like im heading to court wednesday then!!

Thanks ICY posted this a few times on different threads to get an angle on it. I know I will eventually have to amend my POC's to reflect clause 5 but shouldnt be to difficult as its not to specific at present and I should have plenty of time when the mods get the new ones set out Will keep site infromed as I may be one of the first!!! cheers

heres my poc's not too good and have already sent the template letter to court on weds!!!!

Ive gone and sent the template letter on wednesday and seem to have jumped the gun a bit can anyone help Do we really need the OFT ruling to carry on our cases

Ive gone and sent the template letter on wednesday and seem to have jumped the gun a bit can anyone help Do we really need the OFT ruling to carry on our cases

anyone help me?

Ive gone and sent the template letter yesterday and seem to have jumped the gun a bit can anyone help Do we really need the OFT ruling to carry on our cases

Ive gone and sent the template letter yesterday and seem to have jumped the gun a bit can anyone help http://www.consumeractiongroup.co.uk/forum/general/234687-do-we-really-need.html

Would seem to be relying on clause 6 quite a lot and need amending

herse my POC's from march 2007 1. The Claimant has an account ******** with the Defendant, opened May 2001. Since */*/2001 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of #*****; (b) Interest per S.69 County Courts Act 1984 of 8% - #****continuing at 8% until judgment or settlement 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

seem to have jumped the gun a bit, I sent my application to lift my stay yesterday with the updated letter qouting clause 5 it seems were now being told to wait, where do i stand on this? will post my POC's as listed on my court claim form shortly as it mentions no clause just utccr

Can anyone help me with this????

I seem to have jumped the gun a bit, I sent my application to lift my stay yesterday with the updated letter qouting clause 5 it seems were now being told to wait, where do i stand on this? will post my POC's as listed on my court claim form shortly as it mentions no clause just utccr

Thanks Slick, a bad day for all all the best