I have a debt with citi financial going back to about 2008, for around £3k on a credit card, i have been paying £1pm stopped when i moved house, the debt company Cabot have instructed Restons to issue court proceedings against me in order to get a charge put on my house which i now own outright. I have asked if they will accept payments of £40pm to prevent court action but they have replied saying that unless i repay the full amount before the 8th December they will issue proceedings. Is it worth getting a CCA request asking for a copy of the agreement to see if it is unenforceable in any way? Or is there any other strategy people know about to prevent them getting a charge on my house and a CCJ. regards Zaggacom

1. Bought audi on balloon CCA agreement It ended Feb 2012 Requested vehicle to be collected They ignored request and then from then until now all default notices incorrect All their paperwork shoddy 2. Kept vehicle in storage for first 8 months Actually bought a lease Audi thinking they would collect. 3. They wrote to me Jan 2013 saying they wouldn't pay storage charges Had to remove and asked garage where it had been kept to leave their awaiting audis collection 4. Wrote to audi numerorus times They failed to collect. 5. Had a court date booked 19th oct which I was happy to attend Their sols cut a very late deal with my sols Tuesday 18th Oct I told sols I wasn't happy that t's would net be crossed and i's dotted they weren't. 6 My sols agreed that I would deliver up vehicle Had told her it hadn't been used for 4 years and would be unusable due to the amount of time lapsed 7 Audi collects keys for vehicle and sign off log book 24th oct They go to collect at address given some 27 hours later Audi not there Have reported to police but my solicitor says I am still now liable and in breach of agreement Feel like my solicitor just wants to get rid of all case and me pay for everything ! because its been totally messed up I had a really good case prior to this rushed agreement Can anyone help my solicitor doesn't want to!

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 19 May 2016 20th June 2016 to submit defence What is the claim for – 1.This claim is for the sum of £3755.27 in respect of monies owing under an agreement with the account no. XXXX pursuant to The Consumer Credit Act 1974. This debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £3755.27 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 18/1/12 to the date hereof 1580 is the sum of £1300.50. 3. Future interest accruing at the daily rate of £ .82 4. Costs What is the value of the claim? . Total £5565.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account When did you enter into the original agreement before or after 2007? Before. 1981 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? We would have but can't guarantee we have kept it. Did you receive a Default Notice from the original creditor? As above, we would have. Kept some of the early letters. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably, no reason to doubt we haven't. Ashamed to say we haven't actually been reading them but am sure we would have. Why did you cease payments? Business failed very suddenly due to recession, stopped payments to all creditors as my husband couldn't manage the debt. My husband intended at that point to go bankrupt but as moved into low paid employment, he needed to save bankruptcy fee. We then had to prioritise moving house due to being harassed by a neighbour and then always something else came along that needed money. Classic burying heads in the sand then followed as we seemed to be getting life back together. What was the date of your last payment? He last paid around April 2011 but Noddle says defaulted in Sept 2011. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I will send off a CAA request and CPR31.14 Loan letter to see what Hoist/the solicitors hold BUT I recall back in around 2008 we went after PPI charges from Barclaycard. At this time they did provide us with a copy of the signed agreement. I would have it somewhere in the loft. Notably the copy was a terrible one, hardly legible but interestingly, the box where you would tick to opt out of PPI was bright white, as if the copy had been doctored. I raised this in our letters, that it looked very obviously as though it had been doctored. Barclaycard did not respond specifically to this, but did refund all the PPI charges going back to when the account was opened. I guess what I am wondering is that if Barclaycard had dug out the agreement in more recent years, are they more likely to have passed a copy onto the purchasers of the debt? Am I still right just to put the onus on Hoist to show they have the relevant paperwork to prove the debt? I would be grateful for your thoughts th Hello, Back in December 2105 I received some great advice when my husband was pursued by Lowells for an Argos credit card debt. It seems that another creditor has now taken the same course of action. I plan to follow the same steps as before, acknowledge and defend, using the advice given previously but there are some changes in the circumstances which I would be grateful to be able to check out on here first. Please see info below. Thank you, r710

Hi all, Need some advice please. During my divorce I used a solicitor to assist me as it was quite a messy affair. The Partner of the company who I had dealt with many times before, understood my financial situation and was good with me settling my account once the case was completed and we could work out a payment arrangement. Long story short, he left mid proceedings, the new partner demanded payment + retainer. and refused to carry on with the case. I refused to pay and also wasnt in a position to pay at that time. I got a CCJ for my trouble £2453. I did not contest at this time. (the final amount made up of sols fees and court fees)(date 4/4/12) I am now in a position to pay this but havent as yet. Saturday evening some burly chap knocks on my door and hands me a statutory demand under section 268(1) of the insolvency act. Debt for liquidated sum payable immediately for the sum of £1670.26 For the same debt as above... (the one I got the CCJ for) Letter dated and signed 31/07/15 Served on me 08/08/15 Particulars The debtor instructed the creditor to represent him in a matrimonial matter at the conclusion of the matter the debtor was invoiced on the 18th February 2011. The debtor has failed to discharge the creditors professional fees. The creditor used a tracing agent to locate the debtor which cost £150. The creditor therefore claims the sum of £1121.00 in respect of professional fees together with interest in the sum of £399.26 and the tracing fee of £150.00 This totals 1670.26. So my first thoughts, why doesnt the amount tally £2453 vs £1670.26 they are wildly different. Should I send a prove it letter? Should I call up to say, I already have a CCJ for £2453 and clear it? (didn't think I could get taken to court for the same debt???) or challenge the first CCJ and try to get it set aside and defend this claim? (given the difference in costs) Some guidance would be appreciated, I just want to make sure that if I do pay this that the CCJ is paid in full. After all I am trying to start over and get myself a debt free life.... Thanks in advance Mike

Hello Just some advice please. A friend has a debt with Lloyds who have passed the collection to Bryan Carter solicitors. she has received papers from her local county court to take part in a mediation (?) telephone call in connection with the debt. Is this a new procedure through the county court? What happens if she chooses not to take part? Is this just a form of intimidation. The debt is approx 4K - she has asked for copy agreement etc from Bryan Carter and Lloyds - but no response. Your views would be most appreciated. Thanks

I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks

Hi, I have received a letter from Bryan Carter Sols advising that they have been instructed by Fredrickson International on behalf of Lowell Financial to issue court proceedings on 19 Sept 2013. I have had several letters over the past 5 months regarding this but as I have had no dealings with Lowell Financial I have ignored it rightly or wrongly. After looking at my credit file on Noddle it appears that the account relates to the overdraft on my old Halifax Current Account for £821, Halifax defaulted the account on 12/03/08 and they have marked the account as satisfied 31/08/12, a month prior Lowell have registered a debt for the same amount and ref no so I assume they have bought the debt. The debt is due to be statute barred in 6 months and before you think I am willfully trying to avoid the debt a little background info might be in order. I started to get into financial difficulties back in 2007 after the birth of my daughter and my then partner becoming ill, upto this point I had paid all my bills as and when they fell due. I tried to keep up my payments as much as possible but my partner losing her job in 2009 and me being made redundant in 2010 made this impossible. Since this time I have only been able to get temporary work such that I can only afford to pay for my current living costs and have very little spare. I have debts amounting to circa £43,000 but only the smaller debts have actually chased for payment with this being the largest, 2 of my debts totalling £15,000 become statute barred in the next month or so with the remainder barring my Mortgage shortfall becoming statute barred over the next 2-3 years, none of which have chased for payment except for the few debts under 1k. I would like to make payment but to clear all my debts would take over 20 years, so barring declaring bankruptcy and finding a way to pay the £700 fee my only real hope is hope all the debts become statute barred. I do have a few hundred pounds saved so may be able to offer a small settlement, I am thinking of sending the prove it letter to give me a little more time to decide what to do, but any advice is greatly appreciated.