Good morning everybody, Some of you good people will recall my fight with Cabot/Littlewoods/Barclaycard, and their attempts at obtaining an SD! http://www.consumeractiongroup.co.uk/forum/showthread.php?104668-Cabot-v-Windywoo-HELP-SD-ISSUED-***-WON-COSTS-*** This morning I have received a letter from their other outfit "FIRE" demanding payment, this time the alleged debt has gone up by another £1k. Now I know they are just after donations to their Xmas fund, but does anybody think I should reply to this nonsense? They are threatening further recovery action, payment is required immediately! Your thoughts please.

Almost sure I've got it, I'll have a look through my old papers!

Thanks for all your advice, will do it on Monday.

This thread surfaces again!! Update - this morning the postie brings an envelope, which contains a letter from HFO with their response to the request of documents - um, how many years overdue?! They've sent a reconstituted copy of my original credit agreement - illegible, the T&C's from 03/00 - again, and a statement of account. What is most important it contains a letter from B/Card which clearly states that, " We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues" it goes on to say, " We can and will continue to take action short of enforcement, which includes reporting to credit reference agencies without telling them the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment" Well, B/Card/HFO do I care - NO!! The slippery covering letter from HFO, REQUEST (not demand) that I contact their office asap on phone number so that we can work towards an amicable resolution on my outstanding account - dream on!! Should I ignore, or send a suitable response?

Any ideas on how to word a letter please?-

Thank you Andy, I never thought of that! Will it matter that this was not a credit arrangement - no agreement?

An update to this thread, and yes, a bit more advice needed! OK, the ex- employer got their charging order for £5xxx.xx. I began paying them my improved offer beginning in Feb of this year, my OH (with my consent) wanted to remortage our property, this meant the charging order had to be removed! In early September the deal was finalised, my OH paid the charging order off in full, but we were astounded at the settlement figure the ex-employer requested. It was well excess of £200.00 of the original judgement order, however since the date of that order, I had paid them a four figure sum over the period of 7 months. Now, we thought it very odd, and asked our solicitor to investigate this, as clearly my money I'd paid them had disappeared into thin air. We asked him to try to obtain a breakdown of costs and how they justified in demanding the sum they had, this was done via the ex-employers solicitor. Their solicitor admitted there had been a mistake, and that they would refund £400, no explanation of how the figure was obtained, no statement of account, it added up to me paying them £115.58 since the date of the judgement, not the four figures I had really paid! I understand there would be costs involved, but they're taking the mick! I have written to their solicitors twice myself, both times I requested a breakdown of costs and statement of account - no response! Where do I go next???

I shall get to it straight away! TY very much x:smile:

Long story cut short, had a store card which I took out in 2005 originally with GE Capital. Made a successful claim in April 2008 for penalty charges, never gave a thought to the PPI - since then I have defaulted on the account and as a result I have a CCJ for just over £400, which is made up mainly of penalty charges and interest eccrued since 2008. I have just SAR'd Santander and received the paperwork this morning as I intend to claim the charges back again. Upon studying the copy of the credit agreement, I did not tick the box for PPI, but it seems I agreed to it over the phone in 2006 - I can't remember! They sent a copy of the PPI T&C's and according to one of the clauses I would not have been entiltled to a claim since September 2007, as I was voluntarily made unemployed - I "retired". It appears that I have unwittingly been paying this money up until 30th April 2010 - a sum of just over £170.00 plus interest - can I claim this money back? With the penalty charges and potential PPI claim plus the interest I can then settle the CCJ in full (courtesy of Howard Cohen, and his false demands for money!) Thank you all.

CAGers - sorry to be resurrecting this thread again!! Are those of you who had confirmation from Hillesden that their alleged accounts were unenforceable, still getting their monthly begging letters - I got another one this morning, and I'd really like to put a stop to it! Now I know they are relying upon the McGuffick case, but has anyone any ideas of how to put an end to this harrassment - how can they ask for money when they have no paperwork?

One last question - should I hang fire with their I&E, I had to declare all that on N245 which they will get a copy of anyway, they want theirs back by 15th Jan. I'm not obliged to fill up their form, am I?

I've read the fact sheet and it's been of great help - thank you. I've filled up the N245 and I've tripled my offer (I can afford it) and it's ready to go along with the fee - I've calculated it'll take 36 months to pay. One quickie, as the judgement is fractionally over £5k, can the claimant ask for interest?

It's a long drawn out tale - but it's my ex employer!

Aha, just opened the rest of my mail - a letter from their solicitors, they do intend to apply for a charging order! They have also enclosed I&E sheets in order to "assess my financial position and will give me the opportunity to make an improved offer of repayment for our clients consideration"!! If the debt is solely in my name, then am I to assume that they can only put a restriction on my property?

I have just received a General Form of Judgement or Order dated 21st December 2010. It is adjudged that the Claimant recover against the Defendant the sum of £5xxx,xx for debt and interest to date or judgement and £3xx for costs amounting together to the sum of £5xxx.xx The Defendant having paid the sum of £00.00 It is ordered the Defendant to pay the Claimant the sum of £5xxx.xx on or before 4 Jan 2011. Now I was perfectly aware of this, I owe the money, I expect to pay it back! The problem is, I have already been paying the Claimant religiously, an agreed amount by standing order since August - and I have paperwork to prove they would accept that sum! This was all put on the NI claim form, with my previously accepted offer of payment. For what ever reason the Claimants wanted to " secure" their interests, so I presume that by going this route and taking me to court, knowing that I haven't got these sort of funds to pay this in one go, I suppose the next step is for them to apply for a charging order! Why would they otherwise accept installments and then want the money straight away? As I can't pay this money in the allocated time (4th Jan, what a laugh!!) should I fill up a form N245? TY

I think I'll let HFO make the next move - as they say, no news is good news!!

Watch for the post! I had the same responce from Barclaycard and 18 months of statements, that was two weeks ago, this morning the rest of my SAR came by recorded delivery - makes for interesting reading, I can tell you! It's a possibilty yours may do the same!!

Ok, a hefty envelope came this morning with all the rest of the bumph from Barclaycard. Now, although it's quite difficult to get ones head round (reams of computer print out) it clearly says that the account was sold to HFO SERVICES, that differs from the NOA which, by contradiction says HFO CAPITAL!!! Also, they have sent me a copy of the default notice (which I can't remember getting) which is dated 10/10/2006 and is asking for payment of the arrears by 24/10/2006, which means it is defective as they have not allowed time for postage, and the 10th was a Sunday!! I still haven't heard anything from HFO!!

Right, emailed the acknowledgement of service by email on 4th (got confirmation from Northampton that they had received it). I was hoping to file my defence by 19th November, but I haven't heard a word from HC as regards to my CPR request, they haven't even acknowledged receipt of the letter although I know they signed for it! Reading pt's advice on not doing the embarrassed defence, I am sending an N244 to ask for a court order for HC to produce the paperwork I need for my defence, and for extra time. Does this cost me anything? Curiously, I was able to access the claim online when I first got it, since I sent them the CPR request, I now can't!!

Postman has just been with eighteen months worth of statements from B/Card and nothing else, I'll wait and see if the rest comes seperately! Never did get the letter confirming assigment from B/Card to HFO, either - not suprised at that! Wrote to HFO thanking them for their unenforceable CCA, haven't heard anything else from them.

Right, taking no chances, I've emailed the Acknowledgement of service to Northampton. This seems very fishy to me!!

Following on from my thread about yellow cards, courtesy of our Lewis friends! No sooner had I received that, a letter from Howard Cohen appeared demanding money, and within a week, the old court claim paper had arrived. Now, as this small debt, is made up of charges and PPI, I am going to defend. I've already CPR'd HC, which they signed for, so I know they got it - I've had no other repsonse from them apart from a template letter telling me CC proceedings had begun blah blah. I've got until 6th November to acknowledge which, as I am away for the weekend, I was going to do this morning. When I first received the papers I logged onto MCOL with the claim and password, and there it was - today I've tried to log using the claim and password - it hasn't been recognised! I've tried upteen times with no success! Do you think I should ring Northampton and find out what is going on? I need to get this in by 6th!

It's still showing and I've deleted it - help!!

http://i26.photobucket.com/albums/c112/wre001/img009.jpg I've taken the personal stuff off.

http://i26.photobucket.com/albums/c112/wre001/img046.jpg And here's the fake NoA from B/Card!