Hi rightsforme, As honeybee says, we're all rooting for you. What you're being put through defies logic to me. There is no beaurocratic rationale that will ever make this situation sound right and fair. I do hope you keep going and I truly hope you achieve your goal of getting well enough for work. As for struggling on the reduced rate of ESA I have so much empathy. I too have been in exactly the same situation where I've had to turn the heating off to help make ends meet. I did find, though, my electricity company quite helpfull. It may be worthwhile looking to see if there is anything they can do for you. Do keep posting and letting us know how you're doing. I certainly want to know, even if all I can do is offer a bit of moral support and a virtual hug! Best wishes. Rae.

Alternatives if you cannot download MSE are. Avast (free) and Malware Bytes (also free). The former has a real time scanner and has helped me get rid of nasties from many a peeps computers. Malware Bytes is a program you can run a scan on every so often and is also brilliant. Avast also updates itself every day or two without you having to do anything. It will run in the background all the time, and if someone lets a nasty get past it, then you can do a scan. I'll get you the download links if you want Rooster, but you just have to Google them. PS. Avast will do a complete scan of your system as soon as you install it, so make sure you have a bit of time. It only needs to do this once as it scans all your start up system files. Well worth the wait though. It's been a while since I've had a tickle of the scales from a Mod. Hint Hint!!

A/C= Account OC= Original Creditor- Littlewoods There is a bank charge claim form which you could adapt to your needs. Ignore the high court bit as that was for bank charges. That wasn't related to Credit card, loan or catalogue charges. The letter will give you some idea of what to write http://www.consumerforums.com/resources/templates-library/48-bank-templates/111--letter-preliminary-approach-for-repayment this is a link to some debt collector (DCA) letters which you may need in the future Although Lowells are SOOOO easy to see off The Consumer Forums - Debt collectors If you want to really annoy Lowells, send a CCA request. It only costs a quid (plus £1.14 postage and 50p postal order charge:eek:) Don't forget to do everything Recorded Delivery and track it via Royal Mail.

Hi pinkribbon There is nothing to worry about i had them to come to me last week. I got the same letter just like yours they are only coming out to check that nothing have changed they was only at mine for 15 mins.

Hi Volvo, alerted by CB so dropping in as requested. I've only read this thread fully so will look at B/C one later but here are my comments so far FWTW; 1.They are perfectly entitled to issue one claim form for both debts although it may confuse matters further down the line but that maybe what they're banking on 2. The POC is rubbish & should be defended as such i.e. short, sharp defence, letter to Morgans asking them to amend their POC & then go for a strike out. As CB pointed out, they are also claiming stat. interest - no!! However, as you have submitted your AS, you have time for this - more later... 3. The first thing you need to do is to send a CPR31.14 request. You can only ask for stuff in relation to what they have stated on the POC in this. If you need more (eg. DNs, statements etc. use a CPR18 aswell) Templates below... 4. It looks to me as though you have at least 1 x non-compliant CCA (Bank One) & 2 x defective DNs not to mention dodgy NOAs for which you really need to see the relevant DOAs to make sure they were correctly assigned (make sure the claimants tie up & also the dates - they can't issue NOA or POC until after the dates assigned) CPR31.14 Request Template (Amend to reflect 2 x cards) On xxxx I received the Claim Form in this case (Ref: xxxx )issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim: 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2: the notices & deeds of assignment You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you YF CPR18 Request REQUEST FOR INFORMATION UNDER CPR 18 I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of Proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to: (a) a copy of the procedure(s) used for copying, storing and retrieving documents (b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s) © copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with (d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME) c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. h. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence & counter claim. YF

If what you have said is true, with the banging on the desk & refusal to stop the interview then there has been a clear breach of the PACE procedure. http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/index.html Were you given the caution at the start of the IUC? Was it explained to you that you were not under arrest & were free to leave at any time? Ask for a copy of the tape (you should have been given a form explaining how you can do this at the end of the IUC) & when you’ve listened to it, if you still feel the same write a letter of complaint to the local DWP fraud manager.

Agree with that one. Continue with joint action. Any contract between them and the clamping company is out of scope for any liability they might have. AIUI if the court awards against them then they would have to pay the judgement and seek re-imbursement from the clamper.

Standard & Poor's Appoligies if this has been posted previously, but a little bit of interesting reading and some more number crunching here for standard and poors servicer evaluation for capstone jul 2009...

I left CCCS after being with them for 5 years, and took contol of all of my payments myself. Was very ill when this happened, but it was considerably easier than I thought it would be. When they dump you, they will give you a detailed list with name, contact nos, addresses of all your creditors. I took the oppurtunity when I left CCCS to make enquiries on the enorcability of my alleged accounts, be sednign some CCA requests, and now have 5 accounts where I make no payments and more possibly to follow. They are initially helpful when you're desperate and not familiar with your rights and they don't charge for their service, But not much use if a creditor or DCA gets nasty and threatens court action or charging orders. They just tell you to accept it all including unfair charges and keep paying them. They used to have a ceiling of minimum of £100 per month to make it viable as a charity to handle the admin of your repayments for you. Sounds like the credit industry is biting them in the rear end. Typical that the greed of creditors , always wanting more , makes them bite the hand that feeds them. They truly deserve it when people get fed up, find out thru sites like this that agreements aren't always enforceable, and stop paying them altogether. As a charity I can't see the ombudsman being relevant, but you could perhaps write a letter of complaint to someone on the board. It would be very interesting to see what sort of reply you got.

Good try Angel, But money laundering is a bit of a long shot and would not be worth pursuing. Your point regarding the accounting issue is relevant in my opinion because her negligence in providing adequate accounting records for the court shows her disregard for the proceedings. This gives DD the opportunity to prove that her details of the true events are based on actual provable facts rather than the story of the events that her opponent would have the court believe. I think the best new point for the Barristers opinion is my theory on the IOU (I would think my idea was good ) which I posted several pages back and I still believe that the IOU's are not a strong legal point for the claimant. Pedross

Also, it will be worth your reading the following thread by pt2537 http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html HTH

"Nutshells contract law" by Robert Duxbury pages 35-36. (Cost me £8.95) A contract must have "consideration" - something of value offered by each party. Part payment of a debt is not good enough consideration to write off the balance. BUT: 1. Composition agreements. Where a group of creditors agree to accept a partial settlement, none of them can sue for the rest after, because allowing them to do so would amount to fraud on the other creditors. 2. Part-payment of the debt by a third party. They cannot sue you after accepting F&F from a third party because that would amount to fraud against the third party. Hope that helps:)

Just to reassure you Husky Snow Dog...you can agree DMP's yourself and don't need a third party to do it for you although, I appreciate that some people like the "comfort" of this. I actually approached National Debtline first and wasn't happy with their advice so went it alone. You should never be forced to pay more than you can afford and I'm not sure what CCCS are playing at. There are generally accepted levels of expenditure for housekeeping, tv licence etc etc and you should only be paying surplus income on a pro-rata basis. I did find that National Debtline had a great brochure which gave you these figures and it may be as well to complete an income/expenditure form to see if yours or CCCS's calculations are more realistic. I'm guessing that you haven't sent off a CCA request to any of your creditors? How many agreements do you have, who with and when were they taken out? If you're happier going with PayPlan then please ignore my suggestion to sort out a DMP by yourself as it can be really stressful!! Best of luck!! PS...I'm now in an almost similar position to Pinky after stopping my DMP and sending off CCA's to my creditors. Just waiting for outcome on Egg agreements!! Whilst none of my creditors have "written off" my debts, and they still exist, they are uneforceable and hence, I am not paying for them.

Hiya, I am not aquainted with the english legal system so until someone else comes along, you need to start reading threads to aquaint yourself with the process this is a good one to start http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html also look for similar threads: Legal Issues - The Consumer Forums DCA Legal Successes - The Consumer Forums

He's still around luckily Last Activity: 5th January 2010 10:43

Hi westie.... just dropped in to post this for you http://www.consumeractiongroup.co.uk/forum/legal-issues/179069-stebiz-cabot-appeal.html#post1932365 It was on my favorites and its worth a read for you i think as its pretty similar (sorry if you already have found it and read!) Glad your pushing on with lots of the "finest" helpers!! all the best MJ;)