I've got a letter from a solicitor re instruction from their client (cabot) to start proceedings against me because I failed to agree a reasonable payment arrangement. I've ignored their 'clients' recent letters as 3 years ago I had cause to check with Experian etc and found someone had used my name at an address unknown to me for credit with a catalogue company. I contacted Experian who put a note of dispute on my file and advised it was likely identity fraud related and contacted cabot and the catalogue company and other credit agencies. The catalogue company refused to remove it and requested I contact them which I did. I have email copy proof. The catalogue company wanted address proof of residency at the time by way of a document like a bank statement, council tax, utility bill etc in return for removing the issue from the credit agencies which I said I was reluctant to provide personal documentation given this was already a case of identity fraud! I gave them my address and said they could write to me and provided an email address at the time (a .ltd one which only a ltd co can own) and my phone number and the ltd company name and suggested they check at companies house records for contact directors addresses. These show the information they seek as it also shows any changes of address of which I have never made. Didn't hear anything then in last 6 months or probably more I got the occasional letter from cabot and I think another company at one point and now this. If someone could please suggest the best way to proceed, it's worrying and makes me a bit cross too. I don't think the catalogue even had my address until I provided it and it would seem to me that my information is being passed around without my consent. I was surprised Experian couldn't remove the claim either but only add a note. I also don't know which of these three to deal with and again am concerned about responding to anyone really as it seems to just give them all something else to build on! I like to say I'll start charging them if I've to deal with it any further! Really appreciate a knowledgeable persons input on this. Thanks Mrs Robinson

Hi Guys, Help is urgently needed here. Although, I have been following some discussion that relate to my issue. First I will say this forum is a remedy for depression, when this deb companies started chasing me i was like a mad person. I just received a claim form from Northampton BC regarding Lowell Porfolio/HBOS debt purchased. the amount is under £2000. This was a balance from the unsecured loan took over 10years ago but due to no job i stop this payment about 6years back and that was my last contact with HBOS and i have never had any contact with BC or Lowell. Please what should i do?

hi, any advice on clarifying a small matter would be helpful. we bought a bed for our son from an online store. the bed was hardly used as was in spare room just before the one year warranty it broke. they sent him a part to fix it but it broke again, same fault as before . he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose any advice would be appreciated.

Hi , I am writing this on behalf of a friend. Original CCA request to M&S in early 2013, not complied with and an application form received , ( and more card 2004. ) This was passed to First Credit, my friend had housing issues so did not become aware of the correspondence from them until a claim form from Northampton. I helped her with the defence, no CCA. I spoke to the legal dept at First Credit as friend received another copy of the Application form, and they say they have now complied with the CCA. The 'Lawyer' from first Credit said they believe they have enough to argue at court , she said did I know about Carey V HSBC 2007 and that having signed the form it means the T&C are complied with. At the moment Allocation Questionnaire is completed and awaiting a Court for the hearing. I know this is wrong, I thought no CCA was a complete defence but am not sure what arguments/casework we will need to present at Court.? Any help would be gratefully appreciated. Kindest Regards

I have been putting a lot of creditors off for over a year now but the defaults are really starting to hurt. I want to take on Barclays first as they sent a copy of a T&C booklet as their s78 response (as I know they do quite a lot). I also asked them under pre-litigation discovery and data protection laws to provide me with a full and exact copy of a signed agreement and they haven't bothered. I want to issue against them and had a quick look around the site to see if there are any template POCs I could use as I seen a good one around somewhere but cannot find it now. I need help with the particulars of claim. Thanks.

Good day all. I've got some on going issues with debts being managed by Lowlifes (via our friends at BW Legal). I've covered most of these elsewhere but in brief over £500 was mysteriously added to the account according to my credit file, they weren't updating my file regularly to reflect payments made and also a default has been recorded unreasonably late (IMO). I raised a complaint and they replied with a derisory compensation offer but a promise that the accounts would be brought up to date within 3 weeks. I decided at this point that if this happened I'd be happy and waited. It didn't. They did reflect the payments to date (but it is now behind again and hasn't been updated) but didn't correct the £500+ charges added nor the default date issue. I sent them an LBA and have had no response and need advice on 2 issues: 1. I sent the LBA about 5 weeks ago. Unfortunately some work issues etc meant I have only just been able to get back onto this. Do I need to send a new LBA due to the time passed or is it within my remit to decide when I issue? 2. As it isn't technically a money claim (though I will be asking for compensation) but a claim for failures under the DPA and guidance related to it from the ICO can I issue online through money claim or do I need to get a paper form? Any guidance and advice gratefully received as always.

What is meant by a stay of proceedings and how does it work..

I just received a letter this morning from Carter's stating that if I don't pay up they will issue Court Proceedings against me in the next couple of weeks. I need some advice please. The debt is for about £6k and was originally a Sky credit card issued by Barclaycard. The card was taken out in May 2005. In 2008 I got into financial difficulties and made my last payment to them in March 2009 and at the same time wrote asking for a CCA request. I never received a proper CCA but got a copy of their Terms & Conditions. After this I wrote to BC and told them the account was in dispute. Wescot then take the helm, writing to me in June 2009 making all sorts of threats. I informed them that the account was in dispute as BC failed to comply with my CCA request. I heard nothing more from Wescot and on checking my credit file a lot later, I notice that BC had written the debt off in December 2011. 2012 comes along with letters from Lowell. These letters contain a completely different account number. I wrote to them informing me that I have no knowledge of any debt with such an account number and they tell me it was the card Sky credit card. I didn't answer or send any form of acknowledgment back. I ignored all future mailings from them. Over the next couple of months ago I get a few, usual threatening letters from Fredrickson International, I ignored all these. Now this morning, I get the threat of Court Proceedings from Carter. At no time since I put the account in dispute did I ever receive any notification that this debt was being assigned to anyone else. I don't think but couldn't swear on it that I even received a default notice. There is no PPI attached to this account. I would have thought that if this was legally enforceable, BC would have had me in Court back in 2009 to get their money, not write it off?? Advice needed what to do now please.

I'm seriously considering suing a cowboy kitchen fitter for what he has done. I dont want to put too much detail here as there is a chance he will read it, who knows. He is a cowboy and he knows it. However, I keep hearing there is no point in suing someone if he doesnt have money. If this type of fitter is charging people say £200 per day then there is money coming in. As far as I'm aware he is self employed and the name he trades under is not a limited company. I'm in no doubt whatsoever that I would win the judgement, I have reams of proof and photographic evidence. My only concern is, given how devious he is, he must have a way to hide his income. Surely we do not live in a world where a halfwitted builder can outsmart the legal system?!! How would I overcome this? Advice appreciated.

I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?

I have a credit card debt which i sec 78 in dec 2009, I had never signed an agreement with the company and they never supplied a valid agreement from the sec 78 (I have a my original agreement which came with the card in 2005 but had no signature box to sign) They sold the debt on to cabot and cabot issued court proceedings in dec 2014 which is 6 years from the last payment (5y 9m from default) I have disputed the claim as no agreement was signed and sent in my court defence they have since written to me and said I have now acknowledged the debt in my defence and have written again asking me to sign an agreement to ask the court for more time to gather evidence for the case I will not sign and return the form as i think they just want a copy of my signature to create something, What would be my best course of action now with this? If i go to court and the judge says it is unenforceable it would then sit on my credit file for another 6 years as i have acknowledged the account in my defence Could I argue that it was statute barred when they started proceedings (it was within days of the 6 years from last payment) Would I be better trying for the best full and final I can get from them?

Hi, I took out a home improvement loan with Barclays Partner Finance for £1000 in the UK, and the home improvement company caused £12000 of damage to my property and neighbour's properties. I filed a section 75 claim as well as a complaint to Zenith Home Improvements. Zenith did promise to rectify the problems, but have failed to deliver on those promises. Barclays seem to think that they are exempt from section 75, and have sent a DCA after me. In the middle of the dispute I emmigrated to Switzerland. I see that the Lugano convention states that Barclays are obliged to use the Swiss courts if they wish to enforce their alleged debt. However, I would like to know if I sue them and Zenith jointly for the damages, do I have to file in a Swiss court or UK court? TIA Banjo

Been issued with a county court claim from Marlin, it is pre 2007 and tbh i had a few loans in quick succession from Northern Rock and i dont even know if its legitimate claim or they have mixed them up, i do not deny having loans with them but i am unsure with this claim the more i look at it 1,For a start they have sent letters and copy of the CCA the numbers are not the same 2,The statements they have sent do not add up to what they claim 3,On every apr calculator i try the amount stated on the CCA is incorrect 4,There is no terms 5, No cancellation notice 6, No credit limit I think its a balls up big time but i am after any legal advice please I have enclosed the County court letter, the credit agreement and the terms they sent separately i 100% did not get these or the cancellation letter mentioned. The statements show debt written off in 2009 and the account number in all correspondance has 2 digits more than on the actual CCA All legal help appreciated, i am going to send a cpr31.14 and acknwledge service n Monday (hopefully) ty [/url]

Good evening, I will outline my situation as briefly as possible... Bryan Carter put in a claim for approximately £2260 relating to a credit card I had with Capital One to Northampton County Court Business Centre, issue date 08th Aug 2014. The debt is not statute bared I responded to the claim appropriately on the money claim website and informed them I would be defending my case. I then proceeded to send CCA and CPR requests to BC and Lowell Finance. All requests were denied in writing by BC on the basis that the courts protocol was followed and that my case was most likely be allocated to the small claims track. All of a sudden the due date for my defence was upon me and I had nothing to go on so called the court advisers who advised me to file the form N244 with a fee requesting an extension to file my defence. While researching how to fill in form N244 I stumbled across a forum post detailing a situation where the defendant in similar circumstances had not only requested an extension but requested that the judge ordered the claimant to supply the defendant with all the appropriate and relevant paperwork. I effectively copy - pasted his covering letter, filled out the form appropriately and emailed it all off to the court with copies of the letters BC had sent me denying their obligation to send me the paperwork. Weeks went by and I'd heard nothing from BC or the courts I called the courts to find out what was going on. Only to be informed that they had not received my N244 and covering letter etc. It transpires I'd made a mistake with the email address. I was advised to resend it immediately which I duly did, this time receiving a delivery receipt. This was early November. The very next day I received an envelope from BC containing a copy of my signed credit agreement and statements. No copy of the default notice? Today I received a letter from the court informing me that the judge had deferred my application with the comment "The Defendant must provide reasons within the application" My question is... Where do I go from here? regards

Hello, First post and I'm afraid it's for advice. I had issues in 2008 leading to me defaulting on 3 accounts in the latter half of the year. Whilst one has now dropped from my Equifax/Experian screen (so irrelevant) one remains and the other has never shown. The one that remains is for a credit card debt and is due to drop off on 23/12/14. According to my credit report, this debt (started Oct 2002) was originally valued at default to be £1000 and currently valued at £140 - though has not been serviced or acknowledged by me in any way since the default date. However, the R*tsons letter states a sum of £1000+ with a payment deadline of 12/12/14 before court proceedings are initiated. The other debt (an unsecured loan from 2006) which does not show on my report - and frankly I had forgotten I had - is for £700+via M*rtimer Cl*rke. The deadline for this is 10/12/14. Both letters arrived yesterday. I do not have any paperwork for either agreement - so in respect of the latter debt, I cannot confirm a default date. What is my path now? Do I sit on my hands and hope they are chancing their arm in a last gasp bid for recovery? Why such a discrepancy in figures for the first debt? If I contact either party, am I acknowledging the debts and risking extensions to their activity span? Can I delay any proceedings until the six year limit is up? It is so close. The latter debt is a concern as, whilst I don't have a definite default date I cannot be sure how long they have. Though as I defaulted on all debts simultaneously, it will be close to the limitation. I must confess to being a little panic struck by this as my financial record since the default has been faultless and I've actively protected what tatters remained of it, in the hope of starting afresh from my mistakes. A CCJ would be devastating. Any advice would be welcome and actively pursued.

To my dearest CAG friends, I hope you are all well. It has been a lifetime since I have been on here for advice. I have some very dear friends (Mr & Mrs W) who are in desperate need for some help. A DCA, MKDP LLP are chasing funds (of less than £1000) for a credit card balance. Reading through their paperwork (in my limited knowledge) Mr & Mrs W may not have followed the procedure correctly in replying back to court documents. Let me give you a brief overview. Debt was assigned from HSBC to MKDP LLP on 13 March 2013. Mr W requested a copy of the signed agreement from them. One year later (12 March 2014) an ineligible copy was finally sent through which was a copy of opening a bank account not a credit card. 29 May 2014 Claim form received from Northampton County Court Business Centre POC reads: The Claimant claims the sum of £xxx.90 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 13/03/2013. The Defendant(s) account number was xxxxxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc. The Claimant claims the sum of £xxx.90 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. They did not complete the AoS instead they replied with a letter dated 14 June 2014 with the following: Dear Sir/Madam, With reference to the above, I can see that there is nothing for the Court to deal with as I have said that I would be happy to pay upon proof of the debt which MKDP LLP have failed to provide. 16 July 2014 Mr & Mrs W received Notice of Proposed Allocation to the Small Claims Track which said the following: TAKE NOTICE THAT 1. This is now a defended claim. 2.It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Direction Questionnaire (Form N180) and explain why. 3. You must by 4 August 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. 24 July 2014 Mr & Mrs W received from MKDP a copy of their Directions Questionnaire where they requested Settlement/Mediation. 6 August 2014 Mr W received a General Form of Judgment or Order They had failed to file the Directions Questionnaire with the courts. They duly completed one on the 13 August and hand delivered it to the Courts. 16 Sept 2014 Mr W received a phone call from the Mediation department. Mr W disputed the debt saying he was waiting for a copy of the credit card application. Mediation department said they would go back to MKDP to request said form. MKDP told the mediation department they were in possession of a document with a date stamp (1996) which did not require a signature from the bank. The conversation ended with a 'see you in court.' 26 Sept 2014 Mr & Mrs W received a Notice of Transfer of Proceedings stating to all parties, This claim has been transferred to the County Court hearing centre listed below for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. 12 November 2014 Mr & Mrs W received a General Form of Judgment or Order stating: Before District Judge xx sitting at the County Court... UPON considering the file and there being nothing like a defence document filed IT IS ORDERED that:- 1.The defence is struck out 2. The Claimant may enter judgment forthwith without further order 3. Any party affected by this order may apply to have it set aside or varied or stayed such application must be made within seven days after the date when this order was served on the party applying. Dated 20 October 2014. Mr & Mrs W responded with a letter dated 19 November 2014 stating: With reference to the above judgment I am requesting this be set aside. The Notice of transfer Proceedings dated 24 Sept state that I should have received a notice of allocation, of this I have never received. It would appear from this last document that I should have submitted a defence document, this I was totally unaware of as this is the first time that I have been in this situation. Could the court advise if this situation could be resolved and if so what action is required of me at this point. 24 November 2014 Mr & Mrs W received a letter from the courts advising they need to complete a N244 form within 7 days which is where I am asking for help. I feel so sorry for them as they should have asked for help. From the mediation it has gone straight to judgement. As such, please could someone advise how we complete the N244 form to help them with their case. It must be completed asap. Thanks so much Big hugs x:)x

Hey guys, Just wanted to know if this was possible? Have a dispute with the retailer, and the Ombudsman is delaying and delaying with giving its response - I've got to the point where I'm happy just to go to court. Thank you

Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back

Well those famous people at IND and Hegarty LLP are really proving their worth. Today i've also received a summons for Northamtpton County Court for a claim they have on a debt originally from a loan amount from Capital One of which was passed onto Robinson Way some 4 years ago. Robinson Way couldn't provide me with the appropriate evidence of a mutually signed agreement having followed the process outlined from the very good members within CAG. Looking around on the forum, there seems to be a lot of information given in lots of threads which is causing me a little confusion of where to start to reply to the initial court action notice. Would someone who has experience of communicating with the court and Hegarty's, kindly bulletpoint the actions I need to take at this early stage in order to keep on top of the process and try to highlight to the court that the action IND take has to be reviewed without them giving time to communicate with me in written form.. Many thanks for everyone's co-operation at this early stage. Regards Keith

Hi, I wonder if some one can help please. I received a claim form from Marlin Europe 11 on Saturday claiming for a Lloyds tsb bank for £7871 dated 20/05/2002. 12 years being a long time and both financially and marital my situation has changed. please could some one give me advice. regards Wade.

My original post has gone missing

Hi Guys, Can anybody tell me how to make an application to transfer procedings started in CPR 8 to main stream CPR part 7, What application form or form of words should I use ? Do I need the court's permission? what happens of court refuses permission to transfer?

Hi, I received this letter from Bryan Carter on saturday related to an old barclaycard account ,end of 2008! This is all very new to me as i never had to deal with such matters in the past,so a little bit of guidance will be highly appreciated! Thank you!

Hope I have started this in the right forum. Quick summary of dilemma. My OH needed to do his tax returns for 2012-2013....I thought I would help by finding an accountant. I found a firm which looked like they were quite professional. They gave a quote for their fee for approx £120....and sent a form for OH to sign and also all the information about his self employment....earnings, profit and expenses etc etc. The accountant calculated what the OH had to pay as tax and NI contributions. This is where it went upside down. Just before we were deciding to go ahead my OH received news about a family member that had passed away and he had to go abroad....he is still there as his mother is also terminally ill. But before he went he asked his friend if he would help him submit his tax return which he did. I sent an email to the accountant advising that OH had to leave due what had happened.....since then I have received several emails from the account requesting that we pay his fee of £120.00. The last email he sent was yesterday : We notice that you have not settled our outstanding account. Unless we receive payment within the next 21 days, we shall consider issuing proceedings to recover the outstanding sum. This may involve you in further costs. In accordance with our terms and conditions, we shall also charge a further £25.00 plus VAT for chasing the debt. We look forward to hearing from you. Kind regards We have not got a copy of their terms and conditions...all communication was done via email....but will double check to see all the same. The last thing I want is to get involved in any sort of legal proceedings but do not know what to do. Yes we did contact this accountant and the figures that he added were less than what my OH submitted to HMRC..... Now this accountant wants his full fee even though we did not advise him to send off the information but he did send HMRC the form my OH signed saying that he had instructed them. HMRC sent a notification to the accountant that my OH had submitted his tax returns. It was not our intention to do this...but the accountant is asking his full fee but we did not use that full service....now he is threatening to issue proceedings....plus I cannot do anything until OH returns which to be honest could be a while....and I do not want any claim form landing on my doorstep either. Please could anyone advise how to sort out this stupid mess I seem to have got us in? and does the accountant have the power to issue a claim in such circumstances? If I had to file a defence this will all look so ridiculous in court.....I would think? Thank you all in advance for any help on this matter.

Hi all, I could do with some advice on our secured loan with First Plus which is for £30 K (plus PPI of £8K ) taken out end of 2003. Firstly we are having no luck reclaiming the PPI, we have been trrying since 2007, FP claim we bought loan and PPI through broker Central Trust even though we were an existing FP customer at the time and got a call from who we thought to be FP offering a further advance on loan, we were deceived into thinking we were speaking to FP when we were not !! FP will accept no responsibility for PPI as sold through Central Trust ( even though they must have given them our info as they called us!) Central Trust were not regulated at the time so wont do anything, we still have an official complaint with fos which is now being fast tracked due to hardship but FOS have already told me it is very unlikely they can help as they have no jurisdiction !! Shortly after taking out the loan I became ill which then got worse and I am now disabled and my husband is my fulltime carer, we have 3 kids and our house has been specially adapted for my disabilities hence why we really need to stay here. We also have a main mortgage with Barclays which is up to date. Over the last few years we have awful problems meeting the monthly payments and the account was passed to and fro different debt collectors who just kept on telling us to make reduced payments etc and in the meantime we heard nothing from FP, no statements or letters about arrears or how we would pay them back etc. 2 years ago we started getting some help with mortgage interest from DWP so we have since been paying our full monthly payments plus some off arrears and again heard nothing from FP to say this wasnt acceptable . In June this year completely out of the blue we got a default notice from them demanding we pay them back the arrears of £8000 etc, I called them and for once spoke to a very nice lady who set up a proper arrangement to pay our monthly contractual amount plus £130 per month off the arrears, this would clear the amount in approx 2 years, they would not consider spreading it over alonger period !! we are now paying more for this loan than we are our main mortgage for over £100k !! We have been paying it as arranged but we had a hiccup last month as we have absolutely no savings or credit cards etc and needed to buy kids school uniform for them to be allowed back to school I called FP spoke to a lady who said thats fine as long as you pay by end of week you wont break arrangement (they claim she said to pay by the 5/7 which was a thursday but I am sure we agreed end of week and I paid on 7/7) the account is now up to date until end of this month. To our shock we then got a default notice dated the 9/9, thinking it was a mistake I called them straight away, really horrible woman said it was correct we had broken agreement and there was nothing she could do and that our account had been sent to Eversheds, their solicitors who would be seeking a suspended possession order, she refused to put me through to manager or even the complaints dept I have raised an official complaint on the grounds that it is very unfair of them to do this to us when we had notified them, they agreed and we paid when arrnaged, so far I havent heard back from them. I am beside myself with worry and my health is being really affected by it, not only does it seem that due to the fact we were lied to by FP and contacted by an unregulated broker we are stuck with the useless PPI and all the interest charged upon it, but now they seem hellbent on repossessing our home! We have infact paid them over £1800 off arrears since June as we also gave them a lump sum of £1500 we borrowed from a family member, arrears are apparently £6400, there is no way we can raise that kind of money but can happily continue the current arrangement, what do you think the chances are of a judge granting them a suspended possession order when we are not saying we cant or wont pay, I wouldnt care if we just didnt bother too ask them if it was ok but we did !!! Any help very gratefully received, thanks so much everyone