Excuse me, but that's a tad strong don't you think??? At which point precisely did I say I had stolen money?? NEVER is the answer - the Card was an AMEX, provided by a company, which I was personally responsible for paying - therefore NOTHING was stolen. The card was in MY NAME. The point of the corporate side was merely so AMEX knew we worked for company X. So get off your high horse and stop spouting utter DRIVEL.......... The WHOLE point of this thread is that I as a consumer, was treated illegally some years ago - a penalty in the form of an extortionate interest rate. 1. Legally speaking, the CCJ should not stand as I NEVER received a summons. 2. I am NOT a solicitor, hence how was I supposed to know (back then) that an Attach of Earnings can only come after a CCJ? 3. I was VERY scared of an AofE, hence scraped money together and paid in full. 4. NOW - strange as it may seem - I have a little more knowledge of the law and realise that this whole situation is wrong, hence I intend to go back and right it. As ALSO stated, the money is not the principle, the CCJ is! FACT. I would like some of that cash back as I believe it was claimed illegally, hell I would gladly accept 8% on the original balance and the remainder returned to me - Obviously with the 8% returned for the years between - after all the law needs to be fair both ways.

This is being answered to try to get more comments. The whole point of this is: 1. To have original CCJ set-aside as it did not follow correct process, i.e. I did NOT get the original summons. 2. To re-contest - I paid what I thought at the time was an Attachement of Earnings Summons, being unaware of the original CCJ. 3. I intend to admit the original Debt, but contest the 'interest' on the grounds that this amounts to a penalty - 4% per month or over 50% per year compounded. Could someone comment on the above items individually, ideally giving me somewhere to get wordings for the N244. Having it set-aside I think is the easy part (hmmm??), but wording for the orignal summons to be contested with the 'interest' being treated as a penalty is the whole point here. Thoughts one and all please?? Querky

Well my whole point is that this should never have gone to court in the first place, but if that is where it went then so be it, let's continue. My own thoughts: If the original Summons was in the Small Claims, by me asking for the case to be 'set-aside' and then defended, would it not stay in the small-claims track, or would listing be allocated post- AQ?? I could attempt to keep costs down by asking for Small-Claims track and then go that route, but to be honest all I want is for the original CCJ to be completely removed - some of the money back would be a small bonus. It was handled badly by ALL parties - I accept some of it as mine also, but that does not give them the right to increase a debt by 6 fold.

I've never admitted nor denied the debt. I paid originally as I was not aware of rights etc..... Now though I have a bit more knowledge of the law. Orignal debt was approx £1500, which I admit was owed. Subsequent 'Penalty' interest pushed it much higher and I paid full amount to stop an Attachment of Earnings. Basically what I want to do is take this back to Pre-Judgement at which point I would have thought I can then defend the original Summons with a counter-claim for the difference between Debt and Penalty Interest. Having a CCJ set-aside is not deleting, merely setting the clock back to before the judgement was made. Thoughts??

All, Prepare yourselves for this. Story so far: 1. Had company charge-card for expenses (AMEX - green) - back in the 90's. 2. Left company and used card (naughty I know) and left a small debt. 3. Asked AMEX for time to pay above small debt - they said NO! 4. Passed to Steven Drake Solicitors to chase. 5. Over a few years, charged 4% int per MONTH. Original 1500 changed to £8852.00 6. Moved house in 2000, subsequently received Attachment of Earnings from County Court, in 2003 - so managed to scrape money together and paid £8852. 7. A CCJ was registered against me in Default back in 2003 which I have since found out about. I have NEVER had any summons for this CCJ. Now what I would like some advice on is: A. To have set aside, I need to fill in a N244, BUT..... B. Can I also use a N244 to submit a counter claim for the difference of the original debt and the amount paid subsequently????? I can do this in two stages, i.e. N244 to have CCJ set aside, then subsquently claim back the difference later. NOTE this CCJ is satisfied (although not marked as such with CRAs') Querky

Any further update on this one guys?? Very interested party where Corp Cards are concerned. Querky

Any update with this case guys?? I am looking to chase back for the same kind of thing Querky

This one is quite complicated. Had AMEX card as a company credit card for expenses some years ago. Due to several problems after leaving company I took a debt of approx £1500 with me. Contacted AMEX and asked for time to pay - they said no and passed to DCA, charging me £200 for the privilege. Over the years and with interest of 48% the debt rose to approx 9000. After several attempts to resolve at the time and them getting more and more aggressive, I eventually settled the full amount as they applied for an 'attachment of earnings'. The original CCJ is still on file - not showing as satified though, which is the first problem. Secondly, I have NEVER received any notice from the courts regarding the original CCJ and being naive at the time, did not question it. What I would like some help and advice with is the following: 1. How I go about reclaiming charges and interest, even though the CCJ has been settled in 2003......?? 2. How I go about having the original CCJ set aside and removed?? Any and ALL help would be much appreciated... Querkyone

Ouch, my head hurts.......

Sorry, Maldives is off people, going to Cuba for 2 weeks in October instead. Wehay, can't wait....... Thank you HSBC for a lovely holiday to look forward to

Was going to be doing a nice big bundle this weekend, glad I left it late, not needed now! And ABSOLUTELY going for an order of wasting court time etc. Just goes to show all the huffing and puffing they do means nothing. I had charges back over 7 years and although they complained about them, still paid in the end.

One word - WON! The email sent above worked. Just received following email from Lovely Kate Eaves that states: " Dear Sir Querkyone -v- HSBC Bank plc Gloucester County Court Claim Number: XXXXXXXX Small Claims Hearing - 5th June 2007 @ 12.00pm We acknowledge receipt of your email of even date. Having considered your claim with our client, we are advised that our client will settle the amount sought, within your email below, upon a commercial basis with no admission as to liability. Upon this basis, our client has today applied credit funds to your account, Sort Code - Account Number, in the sum of XXX0.00. The sum paid to your account represents settlement of your claim upon a full and final basis for the period claimed, 12th July 2000 to 26th March 2005 inclusive. The funds, whilst applied to your account today, will not show upon your account until the next business day i.e. Monday 4th June 2007, although the credit date will be recorded as 1st June 2007. We consider that your claim against our client is now concluded. In this respect, and in view of the close proximity of the small claims hearing, please kindly inform the Court that your claim has been settled in order that the Court file may be marked as concluded and the hearing scheduled for Tuesday 5th June 2007 may be vacated. Please kindly confirm to us that this is the case once you are satisfied that funds have been credited to your account as advised. Yours faithfully DG SOLICITORS" YES, Friday night too! Feels like a celebration coming on here!

Bugger! Maldives anyone? (Females only need apply) One think Celicaman - on your order from the Judge, is there anything that states how representations should be made in person only and NOT by letter or Telephone conference?? Mine did and it basically means "Bank turn up or they get struck out" See my thread for BIG NEWS!

Have tried one final attempt to get settlement from them via email. Court date is Tuesday next week (5th June 07), thoughts anyone?? "Miss Tomlinson. With the pending case to be heard at 12.00pm on 05th June 2007 at Gloucester County Court, I am writing to you in a final attempt to settle this matter to save time and costs. The amount presently being claimed is – with interest and court costs - £xxxx.xx. With a view to settling this as mentioned above, I would be willing to accept £XXXX.00. I will agree to bringing no further action concerning bank charges between the Dates of xx/xx/2000 and xx/xx/2005 if you agree to this amount. If you agree, could you arrange for this to be paid directly in my bank account held with your client HSBC Bank PLC. Further to the impending case being a matter of days away, would you agree your anticipated agreement To the above can be communicated via EMAIL and TELEPHONE call? I will not accept any form of negotiation via the above means, but purely for you to communicate Your acceptance of my proposal. I can be contacted on this email address and also via xxxxxx or xxxxxx Sincerely Querky"

Castle and Celica, sorry guys, but much as I would probably enjoy Maldives with you guys getting drunk and all that, I have to say that an offer with a fine lady of Auburngreeneyes in Skegness wins hands down. And NO, don't promise you will weear short skirts etc, it won't work. ALL, Just a thought, Tuesday (5th June 07) is listed as a Hearing for Directions. Do you think I need a FULL court bundle for this or a slightly cut down version?? Guessing I won't need anything as they won't turn up, but lack of preparation is to prepare to fail and all that malarky. Querky