Hi again, If you are two years into a RE-FINANCED AGREEMENT with BAYV (ie: paid more than one third of the total payable under the agreement), then the goods you have in your home, although still belonging to BAYV, are of protected status. That means BAYV cannot seek re-possession of them without a court order. Not only that, but the court order would order YOU to return the goods to, or make them available for collection by, BAYV. It would NOT give BAYV the right to forcibly enter your home. If you have paid more than half of the total agreement (which you probably have) then you can return the goods voluntarily with no further

Ok, if when you ring they DONT give you an answer tomorrow and say they are still thinking on it you need to DEMAND they give you an extension IN WRITING by email that you can send to the courts for Monday (just to cover yourself). If they say they'll agree providing you sign a Tomlin order then DEMAND an extension also as tell them with all the MH issues you need to get sound advice about this If they say they wont deal then obviously advise them you will not only submit a defence by the deadline but will also outline to the judge how you have been dealt with after advising the claimant of the mitigating circumstances in this case.

Hi x Welcome to CAG The guys will be happy to advise as soon as they are available. Glad you love the site:wink:

Hello there, welcome to CAG. The guys don't seem to be around at the moment, but should be looking in later as and when their day jobs allow. I'm just a humble onlooker on the forum, but I do follow the threads that turn up here. The guys will tell you what may happen and yes, from reading the forum, paying the £20 would have been a good idea. The view on the forum is that the letter can take 6-8 weeks and at that time you'll know what action FCC want to take. Then the guys can help you get a letter together if you need one. Until it arrives, you'll get an idea here of what they may wish to do, but it will be guesswork. I

MB47, you do NOT need to do a CCA request if you have the original agreement in your possession. That is a complete waste of time. CCAing is only needed if you DO NOT have the original agreement. Payday loans use a different part of the CCA act and I suggest you read Sections 86/87 as once the original term (the initial month) expires the whole amount becomes due, and they CANNOT keep slapping on charge after charge. I've successfully helped CAGGERS in court on this part of the forum for some time now and the PDL companies should not be dealt with the same way you do a bank overdraft claim. Their particulars of claim when

Fantastic news Nottingham! If you have a med cert due to be sent now, best to send it anyway as otherwise you may not get paid benefit for a few weeks if there is a delay in processing your appeal result. Once you get your confirmation letter from the DWP, you won't have to send any more in.

Agree. You must not let this slip by uncontested. Ditto Revenant’s points.

Hi miss luce, We don't deal with business accounts, but I have sent you a private message with some contact details in. They should be able to help you through getting this resolved. Thanks Helena

Hi, I'd be inclined to do one of two things: 1. Send off a CCA request as you've already mentioned. 2. Send them a letter to say that most of your other creditors have agreed to your pro rata payments and that you would like them to reconsider your offer. In the meantime you'll continue to make the offered payment. Say the payments have been worked out pro rata from your disposable income and mention that by pressurising you into paying more than you can afford they are in breach of the OFT Debt Collection Guidelines and CPUTR 2008, along with several other significant pieces of legislation you could mention. Ask them to

you could see exactly what cabot know about this a/c by sending them this http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt if they respond and mention the CCJ you can then go directly to the ICO and make a complaint because they are processing data incorrectly.

And if there are arrears then there must be a DN and even if they have not sent a DN then they have to send a Notice of Arrears CCA2006 amendments Oct 2008. If they have not sent any NoA then they are not entitled to pursue. Failure to give notice of sums in arrears Introduction The Consumer Credit Act and its amendments affect all those who use credit to buy goods and or services, for example, on hire-purchase agreements or using a store credit card. The Act governs the licensing of, and other controls, on traders who supply credit, or goods and services on credit. It is therefore a va

The CCJ order is paramount, unless the OC has sought leave of the court the payment schedule CANNOT be changed, do so so without leave is contempt of court. The court judgement will say '' That it is ORDERED that'' AAA pays £xxx per xxx. That is set then in law.

Hi we have had a few issues with posts vanishing. bear with us I'm no legal expert but what I do know is that if a debt is subject to a CCJ, either the old or the new owner should be contacting the courts to let them know. If that hasn't been done, you have no obligation to pay Cabot anything. I would write back and tell them that. Once a CCJ is applied to your credit file no default should be added. If they have sent a default notice but not actually filed a default, that should also be included. I bet Sainsbugs have conveniently forgotten to tell Cabot that this debt is subject to a CCJ

And in addition to what CitizenB has said, if a dca is offering a discount then there is either something wrong woth the paperwork or the debt is all unlawful charges and perhaps even ppi. Why would they offer a discount if they could get the whole lot? Don't let them intimidate you and certainly DO NOT speak to any of these clowns on the phone....everything must be in writing. ims

You need to send your CCA letter, SAR and Doorstep letter in separate envelopes. Otherwise one might be conveniently "misplaced" If you ahve another account then start a new thread for that, else advice might get muddled. Any other advice you require, just yell.

Hi If you don't have ALL your statements from Cap1 and Vanquis you will need to send them a Subject Access Request (SAR). The letter for this is in the library (top left) Once you have the statements, you will be able to work out what has been charged in overlimit/late payment charges. Send a £10 postal order to each creditor. Don't send to Lowells I assume both debts are with Lowells. If so, send them TWO CCA requests (also in the library)-one for each debt. They have 12+2 working days to respond. Highly unlikely they will respond within the timescale but that will give you time for the SAR to come back.

Hi Hazel - sorry that your post hasn't received a speedy response, but a couple of points.....

Do you have any assets? If you are in rented property and on benefits it is unlikely they will take you to court and extremely unlikely they will go for a statutory demand (bankruptcy.) The court would only allow a payment of whatever your disposable income is anyway, and it sounds like you do not have any. I would send them the template letter on here and offer them £1 per month to be reviewed in six months when the situation may have improved, if they want to waste their time taking you to small court, and then let them they will get no more, which is why they will not. Rosy

Hi Dea Regards Andy