Hi Ell-enn Thats okay in no rush until tomorrow.... Inn the mean time I will get other stuff ready. Thanks Nicola

If you could assist in writing a short statement that would be great, I can only assume Acenden have continued to add the £115 charge as the arrears have increased by nearly £180 covering a 4 month period as we are only paying £70 per month while hubby is ill leaving a shortfall each month of £45 because of this £115 chrge they keep adding. If things don't go well tomorrow do I ask for a N161, as Acenden have told me in 3 phone calls last week and 1 yesterday they are going for outright possession as £70 isn't enough each month while hubby is ill, however it is enough to to plead the CG v norgan case to spread the arrears. Still nothing back from the FOS they had our complaint in January and said they lost it.... sounds familiar so we sent it again mid February and now hey said they are investigating.

Just an update following the adourned hearing.... I have had a date set for the 16th March 2011 for a few months now. The witness statements and income and expenditure has been sent to the court ready for the hearing on Wednesday. I keep getting phone calls from Acenden asking if there has been a change in circumstances, which there hasn't hubby as he is still not very well and is still being signed as sick my his GP following his surgery which went well. We have found out today they have continued to add the £115 litigation fee for December, January, February & March and by doing so increasing our arrears by £180 over 4 months as we are only able to pay £70.00 per month towards the arrears while hubby is ill, however this amount fits in with the Cheltenam & Gloucester v Norgan case. What should we do if it doesn't go our way on Wednesday I'm sure I have to ask for leave to appeal and get a N161 is this correct? Our complaint with the FOS is still not resolved as we have complained about Acendens management of our account, and in relation to the fees we have sent as request for a refund of fees and a letter before action as we plan to use the courts to recover the charges as lots of peeps tend to have a hit and miss approach with the FOS. Any advice for Wednesday.

Thanks Emandcole, as soon as I get something from the court I will post back, the court said the set aside was done on the 8th of Feb so should get somethng soon. I would love to be a fly on the wall in Links office when they realise they ain't getting their charging order without a fight. The main problem is there is some pretty powerful case law out there whch I have been directed to and is relative to my case but how do you get hold of it? it would be worth getting so I can understand it and direct the court to my arguments.

Right guys an update, I haven't been around earlier as I didn't have any info but heres the story so far. I wrote to the court manager on the 26th January 2011 stating the Judgment entered on the 13th January 2011 being unfair as my AQ was handed in on time, with the letter I enclosed a completed N244 for a set aside, a draft order for directions, and 2 witness statements of persons whom were with me when the AQ was handed in, up until today I have heard nothing. Today I get a letter from Link stating they have applied for a charging order, I called the court and asked for an update to my complaint as the claimant has applied for a charging order, to my surprise the claim has been set aside at no cost to myself. now I've been informed by the court the case has been set for trial on the 4th May 2011 for 2.5 hours, I don't know whats expected of my until the paperwork arrives from the court by feel I may need a little help in getting a bundle and skeleton argument ready. So for now I'm happy Link ain't getting their Charging Order , any advice guys other than wait until what the court sends me.

I rang the court and they said I need to get a set aside issued so the judge looks at it again, just really annoyed as I got my stuff in on time yet Link are allowed to do what the heck they like. Any ideas on how to fill out the N244 and what to ask for.

I have no receipt as when I arrived at the court I was directed to use one of the drop off boxes at the court. Gonna file a set aside on a N244 but need to know what answers to put the questions.

Well an update, this morning after submitting the AQ on the 9th December 2010 I get judgment filed against me as the court say I did not get my AQ in on time. This is rubbish the AQ was filed by me in person at the court. So what now do I have to apply for a set aside and what info should I put on the N244 because this is wrong.

I would speak to your bank and see about getting a chargeback.

Letter sent today to Acenden recorded first class, the claim is calculated at just over 3000 pounds, a little more wth interest. So lets wait and see if they want to play hard ball.

Thumbnails and poor vdeo codecs are one of the main reasons for windows explorer to crash, disablng thumbnails if you don't use them is a good idea and changing your ffdshow codec is a good idea one of the most realiable ones is ffdshow tryouts tends to solve alot of wndows explorer problems along with disabling thumbnails. The problem is well known if you google thumbnails crashng windows explorer. Anyway back to the orignal thread, surely alot of onus here is on Sony as they are in effect stating if you don't upgrade then you can't go online, seems to be backing the end user into a corner. If the firmware update was followed as per instruction and wasn't the result of something Sony had no control over such as a power failure then I'm sure the OP has a good case for a free repair onder SOGA contact the orignal retailer and tell or write to them the item is not fit for purpose and is faulty, if you get no joy report the matter to consumer direct. I would keep everything in writing as consumer direct will require this. There are some SOGA template letters on the consumer direct website.

Well the matter is still ongong with both the school and police. We have raised a complaint with the schools governing bodes we have to wait 14 days to get a response on that one. The police have said they wanting to issue a fixed penalty of £40.00 to our son for cyber bullying and improper use of telecommunications systems, however things have took a rather nasty turn for the other pupil the police have aquired chat logs from microsoft on MSN and XBOX live and the vile racist remarks from this pupil to our son have been flagged up. So I think its just wait and see time...

When I completed the AQ which I sent off before xmas I attached a witness statement to prevent them striking out my defence. I did state in the witness statement that upon seeking legal advice the vehicle was repo'ed unlawfully from private land and I asked for strict proof to be provded that they had a court order to repo from private land. I know they didn't but I want them to disclose it. I have also included witness statements from 4 people who watched the repo take place from my drive. So the court do know my views on the repo and so do Link. To be honest they are being hit from multiple angles the unlawful repo being one, and the others on a dodgy Notice of Assignment and Deed of Assignment as well as PPI which was added to the account and never advised.

Basicly this is what happened he basicly incriminated himself. The school only acted upon what they saw when my son logged in.

Yes indeed it is and a base I intend to cover when I claim back my charges from Acenden, the ask for it back letter gets sent Saturday. If it gets to court I have to intention of paying their fees and I ain't going to quit until I get every last penny they have taken from me with interest. These are a ruthless bunch of cowboys and I will give them the same respect they have given me.

They have already had a warning fired off to them when they last tried to repossess us the hearing on this matter is due on the 7th March 2011 so they sort of know we are going after them, however they have not had an ask for it back letter or a letter before action yet, I'm just in the process of doing this. I'm going to add all the charges together tomorrow and get the letter off asap to start the new year off with a bang. I want to be entering court action by the end of January at the latest. I've also been reading up about secret commisions on here and have no doubt Capstone paid one to the broker who setup the mortgage, would it be possible using the same court action using a CPR 18 request and a draft order for directions to get the relevant paperwork disclosed showing the secret comissions. To be honest I just want to make their life as hellish as possible, just as they've made ours over the past year.

Hiya all, having fought numerous battles with Capstone now Acenden to keep possession of our home I believe now is the right time to show them we are no push over and want to claim back the charges they have applied to our account which total with solicitors fees almost £4000 which will reduce the arrears by quite a large amount. I have read on the forums that one thread starter has posted that there seems to be very little action being taken through the courts which I also find strange as I am keen to use the courts system as the FOS in my opinion seems pretty hit and miss. Now my question is what can actually be claimed back, can you claim back as well as the fees any solicitors fees they have added to the account and what type of interest is added contractual or compounded. My general feeling is they will settle after court action is started but before they enter a courtroom as they will not want to disclose to a judge how there fees are calculated as I intend to use that angle of attack in my POC. Anyone any thoughts.

This is truely very sad news that your son took his own life in light of his treatment by this company, me personally as a parent I would not rest until these scumbags are brought to justice. Its a wonderful thing that those who knew him never thought anything bad of him a still saw him for the genuine person he was. I don't know how this manager his staff can sleep at night now knowing your son's fate. It was mentioned to your son about involving the local press, I would certainly consider doing so to bring as much shame and bad publicity on this store and company.

I have to say it folks we had sililar trouble with cousins our thread is on the forum somewhere. We did take cousins to court because we were sick of them messing us around with sub-standard repairs and and poor service. In the end cousins quickly backed down and our sofa was replaced within weeks. I will dig out our thread later and post up. http://www.consumeractiongroup.co.uk/forum/showthread.php?128867-Nicolee2931-v-Cousins-Furniture-Stores-**WON** my advice is don't play their game, they soon back down when they are up against it.

Like I posted earlier either a Time Order or a Suspended possession order will do, the problem with a Time Order is normally the balance has to be cleared on or before the agreement would have normally ended, however a Suspended Possession order allows payments to be spread over a slightly longer period as long as it is reasonable. But in the mean time carry on making payments to Toyota, if they refuse set the money aside incase it gets to court the judge won't be impressed with Toyota if you are doing all you can to avoid court. If you have a lump sum set aside to make an offer at court the judge will notice your intentions to settle. Try not to worry, and keep the car in the garage out of sight.

Yes indeed, a consent order is made between both parties, I would e-mail Restons stating that you don't want the amounts sold on so someone else can have a crack at you and that reporting to CRA's stops.

Well they shouldn't do but its happened in the past, they can only remove from a public road or public land. I would be inclined to ask a friend if you can leave the car on their drive during the day away from home as so it isn't left on your drive unattended. If your are unable to do this then I would advise recording the car on the drive with a cheap CCTV camera as then you could report any removal as theft to the police and take action against Toyota for the return of all monies paid under the agreement to date. Its a lengthy thread but have a read of this its all relevant; http://www.consumeractiongroup.co.uk/forum/showthread.php?242261-Car-repossessd-off-private-property-with-no-default-or-termination-served-with-police-consent!-Please-help

Hmmm yes i've had dealings with RAM myself, basicly I told them to jog on and get their court order as they were not taking my car. Once you do just be prepared for Blake Lapthorne to be in touch who are their solicitors they are equally as nasty and pushy in trying you get you to sign a tomlin order or consent order, ignore them and goto court and ask the judge to grant either a time order or suspended possession order, please stay away from any consent or tomlin order. In the mean time continue to make payments to BCT and if they refuse put the money away for when it gets to court as i'm sure the judge will be pleased to hear your payments have been refused but as a gesture of goodwill you have saved up these refused payments and can male a lump sum payment on agreement of installment set by the court.

Do as Buzby says and write to Toyota, explaining how you plan to catch up on these arrears, in my view they have acted a bit harsh. Send the letter recorded delivery and print a copy of the letter off and staple proof of postage and proof of signature (obtained from royal mail website) to it. As you've paid over a third, where is the car normally parked? if its on your drive then great make sure it is always parked there as if its in the road and the repo agents turn up it will be gone there is every chance they may try it on without a court order in the hope you will just give them the car. You rights are you don't have to give them the car unless they have a court order and even then it won't be collected by a repo agent it will be a court bailiff. A court bailiff is not your concern at the moment you are months away from that stage yet and before that happens you have the right to attend court and fight for the vehicle by requesting a time order or a suspended possession order. Your main problem as said before is from a repo agent trying his luck, if one calls tell them to go away as you are aware of your rights, go and get a court order. But in the mean time try and resolve with Toyota in writing putting your offers across as this can be used as evidence that you have acted reasonably if it gets to court.

Holwell Securities v. Hughes Warner Brothers Records Inc v Rollgreen Ltd (1976) 1 QB 430 Anyone know where you can download the judgement? And how do these apply to a NoA's?