Hi, I have a letter dated 26th October from Northampton County Court for the sum of £430 - I understand I have 28 days to pay this sum in order that a CCJ will not be logged against me. I am in a position to pay this. However, as the loan amount was nearer £150, is it now too late to dispute the amount with Safeloans (i.e their fees), or would I still be in a position to negotiate a lower payment to them to avoid the CCJ be actioned? Hope this makes sense! Thank you in advance for any help! Neil

I received a speculative invoice from VCS in July and have since got the first two threatening letters from them. Since Oct 1st Roxburghe have sent me their usual threat of passing to thier solicitors for actions. I've not replied to them in any way, but I'm curious if they now have a legal course against me as the RK after the fact of the 'offense' as it would still be an 'unpaid parking fine' albeit an old one.

Briefly, - I have been taken to court in an ordinary action. My case is remarkably similar to one in another thread by someone called 'GLW'. However - I couldn't access any kind of legal help and have been forced to try and defend the case on my own. I am at the stage where I face an options hearing tomorrow. I some quick and urgent questions. 1) The pursuers didn't post their FIRST note of adjustments or inventory of productions until the very last day. Like GLW their initial write was based on utter tripe and their adjusted writ is still a bit 'wrong' - I have put a note in with my rule 22 note asking for a further period of adjustments. 2) Just phoned the sheriff court who tell me that (as I suspected) I SHOULD have got a copy of the record from the pursuer - I haven't! Though the court confirm it WAS lodged wih them... 3) In the meantime I applied for DAS - Pursuers solicitors have been told this and I am on the 'protected' register... still looks like they're going ahead with the action though. REALLY panicing now as I've never been to court in my life - don't know what to expect really... Question I have just now is DOES the fact I've not been sent a copy of the record give me any leverage - if so how do I use it? Basically I'm with GLW in that I feel CPUTR is being breached in bringing the action; my main agenda is resisting them loading the debt with costs. - like GLW I challenged them for proof of their claims but to date have none. I only 'folded' and went for DAS because I feel bullied into capitulating due to the court action

Evening all, I had a debt with MBNA and agreed monthly payments via Optima Legal under a Tomlin Order. This has been ticking over nicely for well over a year, even when MFS Portfolio Limited took over the debt. MFS advised that I should continue to make my monthly payments to Optima which I have done. Today I received a letter from Optima headed up "Special Settlement - 25% Reduction on your Balance". They say that I should not delay as "this offer will only be open for 10 days" after which I "could miss out on a substantial saving." It goes on to say that if I "choose not to take advantage of this offer, the full debt of £xxx will be due which may be recovered by our client instructing us to proceed with further legal action". Can they pursue me for the same debt with the Tomlin Order in place?

I have a case due to be heard on November 7th. Npower already failed to provide some documentation and the court allowed them time to send it. Then the court asked for a witness statement from Npower within a certain timescale which they did not comply with. I wrote to the court requesting judgment only for them to grant time to Npower to submit the papers by October 24th. Does it seem the court is biased and ignoring its own orders or am I wrong?

Hi everyone I need some help please. Purchased a car from a dealer that was advertising his cars on a well known car sales site. The car I phoned for was sold but he said he had another car the same model come in. We viewed the car/ test drived it and no problems. Paid for the car but when we got it home the car had broke down. I called the dealer who didnt want to know, he said sorry mate sold as seen. We took it to our local garage who had a quick look saying the head gasket had gone! Went to C.A.B who helped us send a recorded delivery letter stating our rights and giving him a deadline to reply otherwise court action. The deadline is over and still no reply also tried phoning him but no answer. Im just wondering the best way forward as been reading about the court process and was wondering do I have a good case to get my money back?? Or will it take months and getting nothing in return? We are so angry as we are a working family who saved up a long time for a second hand car (and we are not well off) and this man dosnt care. Anyway we have a lot of proof ie, photo copies of his cars for sale on websites, also text messages he sent me saying the other car was sold but has another one the same model. Please any advice on weather we have a good case would be appreciated. thankyou for reading.

Hi all, firstly, some of you who are on eBay may have seen my thread on the eBay forums so apologies for this...Just need as much help I can get this time round! I will try and summarise best I can! On the 24/6, I messaged a seller in regards to an item he was selling on whether it was functioning, complete, intact and tested. The answer was yes and we arranged a price of £475. I was told once I was happy, he would send a cancellation of the transaction as he would be charged a lot. Didn't think anything of it and went ahead with the BIN thread he put up for me. I was told the items would get to me on Tuesday which I did but in a very bad state. The outer box was completely destroyed however the items were well bubble wrapped so again, thought nothing of it. The goods-in and colleagues all mentioned how badly packaged it was. On the 27th, I messaged the seller as I found out a section of the item was not working and also found out it was a common issue. He replied back 2 hours later stating he was sorry to hear this and that they were 100% working and that he had a picture proving this... This is a picture I requested several times but still to date did not get. The item is car related and I was told the car battery was removed prior to removing the items. I later got another email suggesting it was not compatible with my car however I replied that the fault was not that it was not working fully, it was more so that it was partially faulty in that it was burnt out and I had checked it would be compatible first. At this point, the items have not been fitted to my car but were taken to an independent dealership who could test units outside the car. They suggested it was potentially a component at fault but also that it did not have two of the modules I needed...something I have in an email suggesting it did prior to buying it. He then vanished and I heard nothing from him despite a number of emails to him. On the 3/7 I raised a case with Paypal as not as described and escalated it when I could. Still no contact from the seller via email nor via PP. I had logged the case asking for a partial refund of £450 as I was happy to leave £25 to the seller for inconvenience - This was awarded to me on the 15/7. At this point, I still heard nothing until yesterday (23/7) with a somewhat harsh tone suggesting it was a legal notice prior to issuing summons to attend court as I have disputed the condition and claimed the money back and still have the items. This is true but under no circumstances have I been contacted for the units back...and to be honest, I don't want them in my house so I would gladly give them back. His end line was he suggested I pay him within 3 days of that email or he will see me in court. I was pretty annoyed at the tone and a few emails went back and forth and I said I was happy to send them back at a cost of £25 from him to post them back as it was a large and heavy item. This was refused and eventually, I even stated that I should just charge him the full £50 (£25 to send back and £25 that I let him have the first time). Anyway after a few emails, he basically came out with an email telling me where I worked and where I had worked + how well off I was considering my job history plus the car I drove (he got this from linked in I can only assume) finishing with he has done research on what they are up against. This scared me - as far as I am concerned, it was stalking and I could not guarantee even my safety anymore...especially when he said a recorded delivery summons would be sent to my work and home address. My home address is no where online so how did he get this? I decided enough was enough and told the seller I would just send them back on Tuesday/Wed at my own expense and let this issue rest but he is having none of it. Requested his postal address but was not given it. My last email was simply to re-iterate I am willing to send them back at my own expense but his response has now changed saying what good are the items faulty and how does he know I did not cause the fault. At a complete loss... Many have advised me legally there is nothing to stand on as far as he is concerned as I am openly willing to send them back and he is refusing. But I still have my concerns as it seems he wants to simply get £££ out of me judging by the comments he made about how apparently well off I am. I also have safety concerns on what he knows and how he has used this Any advice? To date, I do not actually know what he wants. Should I ask? Thanks

Hello, I have recently been the subject of a creditor claiming money he believes he is owed. I have since filed a defence and countecrclaim, all within the prescribed time limit. The last communication from the Judge stated that the Claimant has now to file s response to the defence and the counterclaim, for which no deadline was set. This was almost two months ago. To date, no response to the defence or counterclaim has been filed, they appear to be grossly past the 14 day time limit accoding to the law, however, the judge did not set a time limit, which I find odd. The original defence falls within a small claims track, however, the counterclaim falls within a much larger claims track. The judge did state that he wants a hearing to discuss allocation. Could this be the reasons that no time limit was set? If this was the case, can I ask for a default judgment as there is no reason that no response was filed, after all, the case does not need to be allocated to a claim track in order for the original creditor to dispute the defence and counterclaim. What are my option available here?

I wish to initiate an action in the Small Claims Court. Part of the rigmarole for this was to send a LBA, signed for, to notify the errant business of my intentions. Done that. What I didn't anticipate was the letter not being accepted / signed for and returned to the local sorting office. Twice. As far as I can tell I've fulfilled my obligation, if such it is, and made good effort to notify them. I presume there should be no hinderance to ploughing on with the case ... ?

Hello, I have just been made redundant and I am currently preparing an appeal letter. I plan on beginning legal proceedings if thee appeal goes against me and I wondered if I could include a Notice Before Action in my appeal letter in order to save time? Many thanks

Hello, any help is very welcomed!! I know there may be threads about this already but this is my first post and I don't know how to find it. Next catalogue started court proceedings through Howard Cohen solicitors. I asked for my CCA agreement, and 32 days later they said that they are waiting for further instructions from Next. Now it is going to court on the 6th of July. I have to send in any documents about my case, and I don't know what to do. I am sending my cca request letter and their response. Howard and Cohen also sent me a letter saying that the debt is not claimed under the Consumer Credit Act 1974, and that I have no defence to the claim, and that I should withdraw my defence. Please help me. I have also written a letter saying that they still haven't sent my cca. Please please help!!!!!

Hello, So I took out a loan with pounds2day around 3 months ago. I think it was for £200 or slightly less. 2 months ago I could not pay, so I set up a repayment plan for £20 a month for 3 months. On the due date they refused to provide their bank details, so I had to pay by debit card. Now a few days later they kept hassling me and took another £5 from my bank account. I phoned them and ask them why they did this, they told me I did not pay and there is no repayment plan. I showed them emails to prove I had a repayment plan but they kinda foobed me off. As far as I was concerned, they now were untrust worthy since they tried to raid my bank (lucky I had £10 in there) even though we had a repayment plan in place. As far as I am concerned, THEY broke the repayment plan by taking an extra £5 and denying any repayment plan exists. So on saturday I get this following letter though the door, I need some advice on what to do now. I don't actually wanna go to court nor can I pay them what they are asking. All help appreciated. Formal demand pursuant of default notiuce under the consumer credit act 1974 s87 (1) Dear x Re; agreement number x We refer to the default notice which we issued on 31st july in connection with the above agreement. we note that the period during which you could remedy the defauly has expired on 14th august 2012 and that we still have not recieved the outstanding payments in arrears. In the circumstances, we hereby give you formal notice of out intention to terminate the agreement on the 14th august 2012 and to demand payment of the total outstanding payments under the agreement to be debited from your debit card. Outstanding payments in arrears £307.00 Details of payments to be debited; 1 Loan amout (excess to outstanding payments in arrears) £200.00 2 Interest (excess to outstanding payments in arrears) £225.00 3 Fees £0 Total outstanding payments £425 Also, the interst on the outstanding loan amount will continue to accrue until the total outstanding payments are paid. Hence, we request you to kindly pay the total outstanding payments as soon as possible. You should be aware that we may take you to court and get a judgement against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgement and interest under the agreement on all the sums owed by you at the date of the judgement until you have paid these in full. This means that even if you pay off the whole amount of judgement, you may still have a furthur sum to pau. If you do not settl the balaance on your account we may transfer the responsilbility for recovery of the debt to one of out debt recovery agents with a view to taking action for recovery. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRD BY THIS NOTICE. YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, GET HELP AS SOON AS POSSIBLE FROM A SOLICITOR OR CITIZENS ADVICE BUREAU. Please contact pounds2day on x to adrress this issue furthur if you wish.

Hi, I'm hoping someone may be able to help. My husband cashed a wages cheque in April from his employer (a self employed builder) He no longer works for him. Last week we received a court money claim online thing requesting the amount to be repaid as the cheque has bounced. This was the first we new of it. We have since found out that his previous employer is now in prison so we have no way of getting the money back from him. Is this just something we are going to have to suffer and pay? I'm fuming as we dont have a spare £920 my husband signed an agreement with the cheque cashing place and in it it states that they can come to him for the money if it doesn't clear. any advice would be much appreciated.

Sent a letter to the bailliffs the debt is 5k offered to pay 223 over 24 months the bailliff has refused it. Used the forum template please advise on next steps. Their explanation is as follows: We have received all the Liability orders from Royal Borough of Greenwich for UstayLondon. Due to the balance outstanding we are not able to enter into arrangement of 222.00 per month arrangement.We are not refusing any payments that you wish to make,but we have guidelines for what arrangement we can offer. If one of our bailiffs have to call round,then they would be required to levy goods to secure the debt for Greenwich Council and then it would be down to the Enforcement bailiff to enter into arrangement with you to clear the balance. All cases are on hold for 7 days to allow you time to get back to us.

Hi First of great site been such a help reading over the posts. I have a number of complaints on going with santander one of which i have had a final response to they offer me a £100. I have written a letter before action that i want to send to them i do not want to use the ombudsman as to prove my case i need them to provide documents which they refuse to send as part of my SAR request. I have used bits out of a few templates to put my letter together ( i have never written a letter shocking i know ) I am also dyslexic plus not that great at expressing my thoughts on paper and would love your opinions and suggestions on my letter i have added it below. I have never really complained before i tend to find it easier to moan and forget but santander make my blood boil

It's getting close to the SB clock on a number of alleged debts, I've sent 'prove it' letter with no reply they just transfer the 'debt' on and I get a new DCA to play with. I'm well used to the threat'o'grams but I have 2 large amounts (both over 10k) going SB in October and November, both are 'owned' by Lowell. Recently I've had a 'we found you' letter from Fredrickson, I sent a "Well done I was never hiding/prove it" letter, but before this has got there (recorded) I've had another letter, again 'considering' legal action. I'm going to post the 'prove it' letter again but wondered if they were to start legal action it takes a few months to get going and then there is the court date to settle. If they were to start formal legal action but by the time it went to court the SB clock had run out, would they be able to enforce the debt, or is that just bad luck on their part?

Hey all, I have been in receipt of housing benefit since becoming a part-time student in October 2011. I will be entering post graduate full-time this year, however I seem to be having concurrent problems with housing benefit. I will have full student funding next year, however recently I incurred several rent arrears and as a result I was taken to court today. I paid off a substantial amount of rent arrears and as a result there will now be a continuance. Housing Benefit have failed to provide the rent required for the last year. This is due to incomptence. I currently work part- time and am earning just over the fresh hold which effective entities me to full-housing benefit. Due to arrears, which have since been seen as un-founded by my housing association, I have landed up in these arrears. I am planning on paying off the rent n full over the coming months as I have taken on a substantial amount of over time (effectively reducing the amount of benefit received), however they currently owe me a substantial amount and have been unwilling to pay. So my question is really is there any action or further action I can take such as court to recoever the money entitilement they have failed to provide. This is the second time I have been on benifits and was lead to beleive any previous over paid amounts had been paid off. I am looking for some or any advice on steps to deal with there failure to provide the correct amounts each month. Thank you for the help in advance.

Hi all, I have worked in foreign currency for the past 12months,never had a day off sick and only had my annual review last week which turned out to be excellent Two days later when i was cashing up half an hour before my shift ended i balanced to the penny.I then served a customer for £1400 in us dollars,tried to balance up again and found I was £100 short Panicking i put the clock as thou i was closed and then another customer wanted 100 euro,s worth £85 so i served him as i didnt want a complaint about closing 5 mins early as this was 5 to 8 all the time i was beside myself with worry and because of that i forgot to check the £20 notes the last customer had given me under the uv lamp or use the marker pen checking it not be a fake the next morning my boss rang me to tell me that 1 of the £20 notes was actually a fake. I have today been told that i am now facing a disiplinary hearing as i never followed company procedures on checking the notes.(which when they check the cctv they can see me clearly always checking the notes but on this occasion under the stress i never,i had a investigating meeting today to give a statement.As i have been of for 6days on holiday since this happened i have had the worst week of my life worrying about this im 52 and worked all my life and have never ever had anything like this happen to me before. Our regional manager will be coming down this week to check the cctv footage to confirm where i lost the money and when i took the fake £20. I am going to now look for a less stressful job but am worried incase they divulge this in a reference. Help and advice needed please guys. laingy

See here: http://forums.moneysavingexpert.com/showthread.php?t=4069601 [url=https://www.dropbox.com/s/nxv9h9876grs0ze/Dft_LBA2.pdf][/url]

I received a letter from Apex regarding an Abbey debt from 2000 threatening doorstep collectors etc. The debt had been passed to them by Westcot, although their letter claimed that they were acting on behalf of Santander. Following the excellent advice on this forum, I sent the CCA form to them enclosing the £1 postal order. Naturally within a couple of days they sent it back saying they couldn't comply with the deadline as they didn't have any of the documents and referred me to the Abbey. We have now received a phone call from Westcot who previously were the debt collection agency looking for the money. We refused to discuss anything with them and they said they would be writing to us. Do I follow the same procedure and send them the CCA form and postal order? I have really lost track of this debt and how much we have paid over the years to the various Debt Recovery firms it has been passed to so I genuinely haven't got a clue how much I owe.

What if we get together against PPC. In number strength, dont know if someone came up with this before but surely its a good idea. My first post but just got an answer to my appeal from VCS, as expected got refusal. awaiting further communication. In main time Had some time to run through few forums and must say many people are angry with them . Why dont we all get somehow together, pay £5 each towards the solicitors costs, sue the b*****s and get all paid charges back - £5 x 1000 angry people = £5000 for a solicitor/barrister. We may get criminal (or not criminal) case for misuse and unlawfully claiming charges, pretending and fake papers, get insurance to cover our stress and losses. We all have some fake papers they send us. Why dont we bring them down. If the government cant do it, surely we can. We can make it big , get it into papers and other media, they will get scared. All we need is publicity and more people will find our case worth paying into. I bet it will be closely followed by millions! We can call ourselves GAA( check topic title for explanation) It would have to be a big head behind it all but if we manage to get it done we can take them one by one and they will bankrupt! I know its great idea but is it do-able?. What do you all think? [EDIT]

I will describe the situation with hypothetical names: I am a defendant in High Court Proceedings being brought by ABC Ltd The true cause of the loss suffered by ABC Ltd is a third Party XYZ Ltd and there is evidence to support this I was indirectly involved in the matter as an employee of ABC Ltd at the relevant time but I am no longer in its employ XYZ Ltd is a sister company of ABC Ltd, both of whom operate under common ownership. Consequently, ABC Ltd has no interest in suing XYZ Ltd Instead, ABC Ltd is attempting to reclaim its losses from me I am now faced with several options: I defend myself and as part of my defence I assert that the true claim of the loss was XYZ Ltd; I present the evidence of the culpability of XYZ Ltd to the Court, assert that there is no case for me answer and ask for the case against me to be dismissed; I attempt to have XYZ Ltd added as a party to the proceedings. My questions to the Consumer Action Group forum are as follows: Strategically, which course of action would be the best to pursue? If I wish to have XYZ Ltd added as a party to proceedings under CPR 19 then what claim will it have to answer? ABC Ltd is the claimant and will not make allegations against its sister company. Am I, in my capacity as Defendant, expected to issue a counter claim against XYZ Ltd for having created a liability for which I am being held to account? If this latter course of action is correct, would I need to amend my Defence (already submitted to the Court) in order to create a "Defence and Counterclaim" against XYZ Ltd? I am grateful for your advice. Sincerely Monica

Does anyone have an idea what commencing action will cost? I've seen wildly varying figures for use of the N208 form from £175 to £000's If there is non-protection by May 6th 2012 and no info provided, then isn't it an open and shut case - never that simple I know?! Is a defendant given the right to counterclaim, given that they either have or have not followed the legal obligation? Thanks in advance.

Halifax removed money from my bank account to pay my wife’s Visa card after a complaint to the Financial ombudsman they have now agreed torepay plus 8% With the removal of the money noted above I incurred bank charges andinterest charges, that would not have been incurred had the above money notbeen removed. Halifax has refused to refund these charges. Despite the account being in dispute and there being an agreement toaccept a nominal payment on the account Halifax broke this agreement anddefaulted the account. They registered a default against me with the threemajor agencies. Ombudsman decision- asked Halifax to return money taken and toreconstruct the account and to remove default . Halifax has agreed to only thefirst. and the ombudsman has conceded. this would mean that only half the money taken would be returned and Iwould still have to take the default. I have refused to accept the FSO and Halifaxdecision. I have asked or a final decision from the ombudsman but am now thinkingthis will again be a waste of time as this will be decision no 5 ( I’verejected 4 ) I want to take court action but am not sure what to claim for and theprocess. Any help would be most grateful

Hi Families feeling the pinch on kids day trips & holidays according to charity http://www.family-action.org.uk/home.aspx?id=11578 http://www.family-action.org.uk/uploads/documents/Breaking%20the%20Bank%20-%20Summer%20On%20A%20Shoestring%20FINAL.pdf