Hello All, Happy New Year, hope everyone had a great time over Christmas. I would like to seek advice please? I was “given” a Citi Credit Card when I got a loan out with them sometime in 2007. I had not signed any Credit Card Agreement for this. I realised recently that there were PPI premiums on there. Citi have agreed to refund all the premiums and give me interest although no period for the repayment has been stipulated on the offer letter. I have been reading through some of the forums and have sent a letter asking for a breakdown of how the offer has been calculated after reading some advice on here. Do I send a “SAR” letter with the £10 payment so that I know exactly what premiums were paid and what I should really be paid back. Citi obviously want to “set-off” against the outstanding balance that I still have on the card. After having read some of the forums on here, I have gathered that without the agreement, the debt is unenforceable? Can someone please clarify what this means? Does it mean that I cannot be taken to court but I obviously still have to pay the money back? I also believe that I had charges levied on the card due to missed payments. I believe these were those stipulated as being “reasonable”, like £12 charges. Does it apply even where there is no CCA for the card? I apologise for the number of questions and some that have already been asked before by others but I would like to tailor my replies to them according to my situation. I hope that I have posted this on the right forum - if not - I apologise. Thank you for any responses or suggestions that you might make.

Hi, Great site and very impressed with all the advise. Unfortunately I'm not sure where to post this. As I'm new to this site I will try and keep this brief 3 years ago I had a CCJ registered against me and I ended up paying within 3 months of the judgement, purely because I had a letter threatening bailiffs The original invoice, (from my burglar alarm company), was for the yearly servicing plus for the monitoring. The monitoring is an extra service which I paid for as I used to spend time away from home. I had decided to cancel this service and the additional line required. In June 2008 I received a letter from the alarm company stating that their engineer had advised them that this was not working and I in fact did not want this service and could I reply to confirm. This I did with a phone call and a letter the day I received theirs. Over the next 12 months I kep getting demands for payment and multiple calls to them did not do any good as they simply ignored it. Eventually in Oct/Nov 2009 I received a summons for a court hearing. Foolishly I did nothing as the letter received from them and my reply could not be found so I thought I did not have a leg to stand on. The judgement was made and I paid as stated above. Very recently I found the letters in the loft and now have the proof that the amount claimed against me was not correct, (I did not dispute the service element), and that the company that took me to court had in fact acknowledged by way of letter that this service was not working, therefore they could not provide the service. The invoice by the way was also an advance charge so not something I already had. I have taken some advice but I am being told it is not within the time limits that I should have used to defend myself. My issue is I had no proof at the time but I now do and the company in theory knowingly took me to court for a sum of money it was not due. I have since written to the company pointing this out and requesting a refund of the monies that were not due to them and am awaiting a reply. My question here is can I use this to either defend the original CCJ after so long or even start a new case to have it removed. I feel there is a fault here in the legal system that even though I have concrete evidence, there is possibly no route for me to pursue. There are a number of split opinions on this with advice I have already sought, but I would very much appreciate any help/advice as the CCJ has now impacted me as a job I was due to start has now been taken away due to the CCJ I am keen to pursue this vigorously even if there is a cost attached. Thank you

Very disturbing http://www.dailymail.co.uk/money/cardsloans/article-2231040/Payday-borrowers-face-Christmas-credit-shock.html

Hi, My company has been issued a Statutory demand by POST by a company that provided us Professional services. We used them for 2 + years. We used to use their services and they would bill us for the time spent. We would request them for some work and they would bill us in good faith that was the arrangement so no confirmation/approval of time spent was required The last two invoices were ridiculously overcharged for the last invoice we asked a break down of the time spent on each of the items. What we got was a vague scribbling of the time spent. I did not dispute it but since some of the same items appeared on previous invoices I asked them for the previous invoice breakdown as well. My hope was to question them when I had all the break downs. They did NOT provide me with the breakup of the past invoice. We had paid all their invoices but the last one where we paid approximately 40% of the dues. And were waiting for more information before we could pay them. They waited for a couple of months and now sent us a Statutory demand. So my question is we dont have any formal agreement with them and have not disputed their invoice they hope was we could settle it once we got all the breakdownsp a nd settle it and not use them in the future. But now since we have this SD what should we do. In reading through some of these posts it seemed like a SD to threaten, they allege we owe them 2000.00 GBP approx but according to us because they overcharged us we have actually paid them more. Now I would like to know from the experts on here how do we respond to the SD as there are no details of the court on it. And how do we dispute this.

Good evening all I am currently helping a friend who had a CCJ judgement by default at Northampton CC for unpaid solicitor’s fees on 30 July 2012. It has now come to a point where the solicitors have made an application to the courts for a charging order against her home. The original hearing was on 3 October but was adjourned to 28 November. I am strongly in belief that my friend has very good reasons for asking the original CCJ judgement to be set aside for the reasons set out below. For the purposes of this thread my friend will be X and the solicitor’s Y. Timeline 3J une 2005 X receives a bill totalling £3,435.55 inc VAT for services provided by Y in relation to a divorce settlement. June 2005 to 29 June 2011 X got into serious financial difficulty and set up a DMP through the Consumer Credit Counselling Service (CCCS).The DMP had been in place for 6 years .Monthly payments were made to Y based on what X could afford each year and therefore varied for one year to the next. Only one monthly payment was missed in 6 years. 29 June 2011 X received a lump sum payment as part of the divorce settlement agreed by the courts. Originally the settlement amount was secured by a charging order against X ex-husbands property. This was 10% of the value of the property when sold. July to October 2011 X made several attempts by letter and phone to pay the outstanding balance to Y in full. Y never got back to X. 26 April 2012 Letter from Y to X. In brief · Outlining to X the outstanding bill of 3 June 2005, acknowledging the payments already made · Y had a sign authority and undertaking from X dated 12 Feb 2007 under which X had agreed to repay in full Y outstanding costs when the ex-husbands property was sold. To date this property has not sold · Confirmation that X had tried to arrange to pay the full balance from July to October 2011 when the lump sum payment was received · Y made proposals to settle the matter, which included - For an informal charge to be placed on X home address - Waive all interest from 2005 to Mar 2012 - Discharge all the costs of preparations of charge forms & dealing with HM Land registry - Would not legally enforce the informal charging order - Y gave X 21 days to agree to this. 26 Apr to 13 June 2012 X made no attempt to contact Y about their letter of 26 April 2012. 13 June 2012 Particulars of claim submitted by Y to the courts. 21 June 2012 X mum had a serious heart attack. 22 June 2012 Notice of issue served by Northampton Court to X. X had to the 6 July 2012 to reply. 2 July 2012 Acknowledgement of service sent to Y by X, but only partially filled in by X. X had to put in a defence to Northampton Court by 6 July 2012. 30 July 2012 Judgement for claimant in favour of Y in default as X had submitted an incomplete defence. 3 Aug 2012 Application for charging order on land or property in relation to the CCJ of 30 July 2012 madeby Y. 13 Aug 2012 Y submitted additional information in support of the application by Y for a charging order. Application order to be heard on 3 Oct 2012 28 Aug 2012 Letter from X to Y confirming receipt of all paperwork from Y over the past few months. 10 Sept 2012 Defence response to claim by Y. Witness statement of X signed on this date. X did not realise that this was supposed to go to Northampton Court for 6 July 2012. 24 Sept 2012 Reply on behalf of Y to the witness statement of X. 3 Oct 2012 Interim charging order hearing adjourned. Briefreason for set aside request Mum suffered a serious heart attack on 21 June 2012. Response pack received and partially filled in by X and sent to Y. Acknowledgement of service not dated BUT envelope and contents received by Y on 2 July 2012. Y sent out a reply on 3 July 2012 advising that the original Acknowledgment of Service had not been fully completed and possible steps that can be taken. X received this on 4 July2012 and had to submit it to Northampton Court by 6 July 2012. X mind was not in the right place as a result of her mum’s heart attack and would have filed a proper defence if this additional stress was not present. Questions 1. If X applied for a set aside request, based on the facts provided, what is the chance of her achieving this? 2. What is the procedure for requesting a set aside order? Any advice would be greatly received.

Hoping for some advice please. In summary - A claim was made against me which, as well as all the preceding correspondence, was sent to an incorrect non-existent address, therefore I knew nothing of it. The claim etc was returned to the solicitor as address unknown but they still pressed ahead with a default Judgment. They presumably found my correct address in the end and subsequently communicated with me, making mention of the claim and subsequent default Judgment. I have been corresponding ever since in an attempt to put the matter to bed. Having asked the claimant's solicitor to set aside the Judgment (for obvious reasons) I ended up having to submit an Application to the court myself, which has now been listed as a hearing for a forthcoming date. This has prompted the claimant's solicitor to send me a Consent Order to sign which agrees to set aside the Judgment ONLY if I file a defence soon thereafter. Is this normal/acceptable practice? Surely if the claim, sent to a non-existent address, which I have still never received, is set aside then the process should start again? And it is difficult to file a defence on somthing never received. On putting this to the solicitor they said that if I do not sign it then they will write to the court and say that they have tried to be reasonable and I have refused. Any advice please? Many thanks in advance.

Good news is customers will be allowed to leave without any penalties. http://www.dailymail.co.uk/money/bills/article-2216136/Sky-hikes-line-rental-18--charges-SECOND-time-year.html

GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here?

Hi, My partner received a claim form NICPC on 29th June which stated Welcome Financial as the Claimant and Hegarty as the address for sedning documents. My partner filled in the admission form with an offer to pay £50 per month. This debt was last paid in 2007 when his relationship brokedown with his wife and truth be told, he was not entirely sure that the amount owed was accurate, but just thought it better to agree to pay and get it out of the way. Without any other communication, he then received a Judgment for the Claimant (after determination) saying that the claimant objected to the rate of payment he offered and he was ordered to pay £213.96 per month by or before tthe 23rd August. He then got a letter through from IND saying that he should fill out the attached DD form but as he has no bank account (and I refused to set a DD up in mine) he contacted them and asked for their bank details so I could set up a standing order. They refused to give the bank details and said that he could only pay by DD or Payzone. They sent through a Payzone barcode. He got another letter through on the 1st August saying that the claim had been transferred to our lcoal County Court. He made is fist payment on the 23rd August. Another letter on the 29th August from IND with an attached Notice of Change of Solicitor to say that Welcome Finance are now acting in person. Notice of Application of Attachment of Earnings Order dated 30th August to say that he had not paid. He placed a call to IND who said they could see that the money was paid on the 24th August (was paid 23rd) but did not reach the correct account until 4th September, so he had failed to pay on time. I went to the court to return the Notice of Application of Attachment of Earnings (along with a lengthly explanation letter) with the box ticked that we would like the order to be suspended. The lady in the court said that we should apply to have the CCJ set-aside as we had had no chance to defend the claim. We paid the £80 fee and filed the N244 application saying that he had had no chance to settle the claim or make further offers to pay more money before judgment was given. Yesterday, received a General Form of Judgment or Order saying that his "application to set-aside judgment will be and is hereby struck out unless by 26th September 2012 the Defendant files in court and delivers to the Claimant a fully particularised draft defence to demonstarte that he has grounds for defending the claim. The details in the application to set aside judgment do not amount to a defence to the claim." Can anyone help? Do we have a defence, or was the lady in the court mistaken? Are they likely to grant the attachment of earnings even though we have proved (and provided receipts) that he did in fact pay on time? He has now made another payment (early) as well? Thank you.

I had a Credit Card from M&S and the contract was terminated around 05/2006 and the account was transferred to DC (Legal&trade collection), one of there agent used to do the door collection of £25 a month from 07/2006 and then I stopped the door collection and the last payment was on 06/05/2008 and the closing balance was £2128 as shown on the collection card. I terminated the door collection because I felt that I was intimidated. After that I had phone calls and I ignored them as I had few DC on my back and then I heard nothing from them for 4 years. On 19 July 2012, I had a letter from Wescot SPV saying “we inform you that unless you made a full repayment of your outstanding balance or contacted us to agree an acceptable repayment plan we would take legal action”. I ignored the letter and thought I will deal with them when I come back from abroad. I left the country on 01/08/2012 as I visit my elder parents every year; I come back on the 06/09/2012.During my absence Wescot issued: 1) On 03/08/12 a county court including interest form 09/05/2008 to 03/2012. 2) On 06/08/12 an intimidating letter asking me to pay £2939 to avoid CCJ. 3) On 28/08/12 a judgment by default was issued against me, asking me to pay the claimant a total of £2939. What is irritating me is that I had no given a chance to challenge them because I was a way and those DCs know most people go away during the month of August. My Question is that can I challenge them and ask the court to set a side the CCJ on the basis that I was unable to defend the case because I was abroad?

Hello, Back in 2004, my mobile service provider were charging me in correctly for pay monthly account. They were charging me for 500 free minutes but I remember my contract was for 600 free min. I spoke to them back in 2004/05 to send me a correct bill which I can pay and I refused to pay the incorrect bill. They never sent me any correct bill but sold my account to debt collector. Recently in 2011, that debt collector has successfully got a CCJ against me which I have recently found out by looking at my credit history. I made a mistake by not replying to the letter which court sent me back in 2011. It might sound strange but I thought that letter is from the debt collector trying to intimidate me. I am planning to apply for CCJ to be set aside.....does it sound like a good idea? I unfortunately don't have the copy of either the contract or bill any more as have thrown them long time ago. Thanks for your help. Cheers...

Does anyone have the account details for Littlewoods so I can set up a standing order please? Thank you!

Hi, I put a PPI claim in to the FOS on behalf of my husband October 2010,at the time he was still managing to pay his CC and loan, however it all went belly up in April this year and as I have heard nothing for months from the FOS I'm wondering where it will leave this claim when the HSBC take action against him which from the letters received yesterday could be soon Ro

:attention: I work on my laptop wirelessly in the lounge situated near to the router and usually save work to my USB and then run (hardly) upstairs plug USB into my old desk computer (does not have internet access) to print off or scan documents. What would I need to do or buy to set up my own network so that I can print an email from my laptop, albeit, the printer will still be upstairs. Also, as my printer is also a fax, what do I need to connect to it, in order to be able to fax a document? Presumably, the telephone cable will need to be plugged in to the back of the printer? but the telephone is downstairs! I am not a novice with PC but I am not a geek either. Any help would be appreciated folks. Shelley

I've recently found out I have a CCJ against me. I live in the Australia & my parents have been contacted by Bailiffs. When we left the UK we were in a certain amount of debt & simply didn't have the funds to service the debt & once we arrived out in Aus we went from double to single income, so couldn't even think or repaying. Now a few years down the line we have just put a deposit down on a house so have no funds what so ever to pay debts in the UK. So my question is, does the fact we ran away from the debt & didn't inform any of our creditors of where we were heading, now mean we cannot get the CCJ put aside?

Just want to say "Hi!" to everyone in the forum. I'm new in the forum.

http://www.dailymail.co.uk/money/cardsloans/article-2158352/Banks-siphon-refunds-owed-PPI-victims-square-unpaid-debts.html Are you one of those affected ? Post your story below.

Hi I have recently won a ppi claim back from the hsbc, however, they are telling me that they are going to keep it to set off against a bank loan. The ppi was not on the loan, but on a loan that has been settled. If They do not return this money then I am going to not only fall deeper in debt, but my whole life style will go. Due to the reccession I was put out of work and I am still out of work.At the time I had enough funds to repay the loan, and offered to do so.I even made extra an payment, that was returned to my account. However the hsbc refused to accept my offer, and told me that under the contract the loan had to run its course. I explained to them that if I am am unable to clear the loan, then I would fall into default once my funds ran out. This did not make any difference. The loan went into default, and eventually the hsbc took me to county court.(another story). The debt has been offset against my ex marital home, under the ruling that if my ex wife should sell then the total debt would be recovered. I did not get the chance to defend my self in the court, as I was away from home and my mail was not able to be forwarded, as I live on my own now.

Hello, I got a CCJ and didn't defend it in time. The judgment was entered and since then Robinson Way have gone for a charge on my property. I have tried to stop that by offering to pay something in installments. The case has had to be moved from our local courts to one in the nearest city as it has closed down. What I would likt to know is is there any way I can perhaps ask the claimant to produce documents and if they fail have the case set aside or has it gone way past that now? Hope someone with some knowledge can lend a hand to a normal joe.

2ND thread today! I am helping my brother with his CCA requests and now we get to MBNA. I wrote to MBNA on 27.3.9 requesting a copy of Credit Agreement. They defaulted the account on 01.04.09. ( although I am not sure if it is an actual default notice-I will try to scan it and post it)Then they wrote on 19.6.9 enclosing a copy of the agreement. It contains a copy of the signature form dated 26.10.03 signed by him and mentioning the credit limit. Then there is a form with personal information that looks like it is a form filled in from a phone call to him, then four more sheets containing terms and conditions ( which seem to comply with the act). None are numbered and could have been produced anytime but the last one has a typed reference no at the bottom containing the credit card number. How do we proceed here bearing in mind the papers were not sent until 19.6.9.

I have a credit card with someone but got slightly behind with my payment. I went in hospital on 22 August and a default notice was sent to me on the 24th. I came out of hospital on 23rd which was after the allowed time of the default but made a payment which was more than the default,on the 25th September. A statement was sent to me on 19th Septemember 2007 advising me that my minimum payment was £150. The payment made on 25th September was more than £150. They will not budge on the default and this could be very damaging for work. Now my question is, because they sent me a statement AFTER the default asking for an amount that I have paid, can the default still be applied. I was only 2 days late and they just wont budge on the fact that I had to have 2 lots of surgery or I would have paid. Any help appreciated.