Hi, I have resolved a similar situation. I have a £22k debt charged to my property and I am paying £200 a month. I have recently approached and asked two things: Will they set aside the charging order for one month so that I can remortgage and if so I would be able to increase my monthly payment to £300 as I would be making a big saving on my new mortgage rate. They said yes if I agreed to pay their £500 legal fees for doing so. The other question I asked was: If my property is valued high enough I would consider paying off the debt in full. Therefore, I offered £18k as full and final settlement. They replied and said they would accept £20k as full settlement. This means I can apply for the new mortgage and as part of the mortgage deal, the mortgage company will transfer funds to my solicitor who will then transfer it to the bank to pay the debt. I'm sure they will work with you on this. Cheers, 1970

Hi, My wife has a credit card with her bank. She applied for the credit card back in 2000. At some stage between then and now, her credit card account was upgraded - probably from a standard card to a gold card and she was issued with a new card with a new card number. She has recently sent a CCA request and they have sent a photocopy copy of the original agreement dated 2000. It seems to meet most of the requirements from what I can see but someone has crossed out the original account number (from her first credit card) and along the top of the form they have written in the new account number. Is this legal? Should there not be a new agreement for the new account? I have statements for the old account so in court, if it came to it, I could show that they are enforcing the wrong account. Cheers, 1970.

Hi Andrew1, in answer to your post #120 - what did I write to them.. I copied tomterm8's post #111 Cheers, 1970.

Just faxed my reply to Hodson and the Court. Tick Tock... 1970.

Hi, if anyone would like to see copies of the agreements, please pm me as I am having trouble blanking out the personal detail. I can email you the agreements in PDF format. Cheers, 1970.

When I get to the office on Monday I'll scan and post the documents they have sent me. 1970.

Surprisingly I have received today a substituted particulars of claim from Hodsons. They were required to provide this by the 1st August 07. The POC is dated 31st July 07 and the post mark is 1st August 07. So they made it just in time. Here's the content of the POC: The title block is Kings Hill VS 1970. (The claim form states Cabot Fin UK Ltd as the claimant. The only menton of Kings Hill is in the signature statement at the bottom of the claim form. Why does the POC now show Kings Hill?) 1. These particulars of claim are submitted in substitution of the POC issued by the claimant. 2. The claimant on 15th January 07 changed its name to Cabot Financial UK Limited. 3. The claomants claim is that the defendant applied for and was provided with 2 credit cards. The defendant used the said credit cards but has failed to repay the sums due on them. Particulars of the credit cards are set out in the schedule hereto. 4. Both of the aforesaid accounts were subsequently acquired by the claimant from the original credit card companies by way of an Assignment. Notice of the Assignments were sent to the defendant shortly after the Asignments were completed. 5. Copies of the agreements are attached marked "A". SCHEDULE ABC Credit Card Application dated 03/2000 Account Opened 04/2000 Last Payment 03/2002 Date of Assignment 04/2002 Notice of Default 03.2002 XYZ Credit Card Application Dated 12/1997 Account Opened 01/1998 Last Payment 09/2006 Date of Assignment 01/2003 Notice of Default 08/2001 6. The defendant has failed to repay monies owed arising from his use of the said credit cards and as the Claimant is the Assignee of the debts is entitled to seek recovery thereof from the defendant. Despite requests for payment the defendant has failed to pay the sums to the claimant. 7. And the claimant claims the sum of £2000 in relation to the ACB account and £2000 in relation to the XYZ account. In addition the claimant claims interest at 8% as prescribed under S.69 in the County Court Act 1984. Signed Hodsons. Attached to the POC are the exhibits: 1. ABC Credit Card application. It is a reply card with my address, some basic details with the boxes ticked (home owner, full time employed etc) It has a declaration section which states it is regulated by the consumer credit act. A Data Protection Act statement saying I agree to them sharing my info. Signed by the card holder under a statement that says this is a credit agreement. There are no T+C's. It is not countersigned by anyone else. 2. XYZ Credit Card Application Form. Application form with personal details completed and signed but not countersigned by the credit card comapny. DPA and Consumer Credit Act statements are shown on the form. That's it ! I have been making my own enquiries with the credit card companies in the meantime so here's the status. ABC: Subject access request in default. 40 days ran out approx 10th June. CCA Request fulfilled and they have sent me an exact copy of the form attached to Cabots claim. They also enclosed terms and conditions but they are not the ones to go with the application. I have also written asking about the deed of assignment and that they should be party to the claim based on Cabots assertions "rights not duties. No Reply. XYZ Subject access request fulfilled although all they have sent me is 50 pages that show my name and address and a single line that shows a figure of £2000. There are no transaction details. Every page is the same. CCA Request in default. Also written to them asking for clarification on account numbers as I have been quoted 3 account numbers in various letters between Cabot and XYZ Card company. This letter also discusses the "rights but not the duties" issue. No Reply. Cheers, 1970

I think the message is - continue your fight according to the guidelines on CAG and follow any new advice that appears as the OFT case develops. For me, I had written off the money they had taken over the years so when it gets refunded, it's an absolute bonus. Stick together friends and dont panic. 1970.

No, as I do not have the opportunity to abuse power in the same way that the banks and credit card companies do. There are no investment products for consumers that offer such huge returns. The banks have created this lucrative market for themselves. Across all the accounts I am looking at over the last 6 years, I am in the process of reclaiming £42000 in penalty fees alone, before I even look at CI claims. 1970

Contracual Interest at their rate of 29% from 2001 until now adds up. The £3300 also includes the £120 court fee. Essentially, they have taken the money from me unlawfully and leant it to their customers over and over again at high interest rates. In other words made a huge profit. 1970.

Another question, is it also too late in the day to start asking for removal of default and detrimental information? We have only just found this out by requesting a report from experian. Cheers, 1970

Hmmm. What right does the OC have if they do not have an agreement with my signature on or my consent to process data? 1970

So let's they don't reply and it gets slung out. Do I have a counterclaim? Both creditors have failed to produce a credit agreement so far. One has not responded to the sar and the other has partially responded and sent me about 50 pages of screen prints that say the same thing on every page - a single line just showing a total balance. It seems also that none of them have my consent to share data or report the defaults to the CRA's. 1970.

Here's an update: Capital one were due to acknowledge the claim at the court by today. However, I have received a letter from Capital One dated 23rd July. The main points of the letter are: 1. I am claiming £700 back which is the interest they charged me on the fees. They say in the letter that interest on fees is charged at the purchase interest rate and they say that the total amount of interest charged to me at this rate including on my purchases is only £200 so they couldn't have charged me £700 just on the fees. They could be right here. The purchase interest rate is 1.935%. How do I turn this into an APR to put in to my spreadsheet? 2. Without admitting liability, they have refunded the following: a. all purchase interest ever charged on purchases and fees to the value of £200.00. b. £260 which they calculate is the s69 interest I would be entitled to if it came to a judgement. c. £900 (all the penalty charges) d. £120 court fee. 3. That comes to £1480. £1000 has been paid to Arrow the DCA and the balance is being sent to me by cheque which I should get in 7 days according to their letter. 4. They have sent a defence to the court saying that the claim has been paid in full and they have requested that I contact the court to say that I am not proceeding and to close the case. So, in short, my claim is for £3300 and they say they have paid out £1500 which I have yet to see. If my calculation in section 1 is wrong and I deduct the £700 from my claim, that still leaves £1100 short which is my CI claim. What should I do? Is it still worth carrying on to see if they pay CI at the last minute? Cheers, 1970 (Mr)

Ok, I'm not quite in a position to issue a claim on this one yet as it will cost £400 and I have other more promising smaller claims to be getting on with first. Should I continue writing to them arguing the points on the limitation act and my arguement for CI, or should I keep quiet now until I am in a position to file a claim? They've had my prelim, LBA, and letter rejecting their offer of £347. Cheers, 1970

Yep, closed both accounts.

You are correct, I called the child benefit people this afternoon and they confirmed it was sat there on their system. I'm not desperate for it but that's not the point. Lloyds should have the decency to at least reply and let us know what's going on. At least help their customer of over 20 years track the payment back. Thanks for the info. Cheers, 1970.

Update: Having written to FOS, Terri Dial Director of Retail Banking at Lloyds, BLS, The local branch and collections in Brighton, all we have had is 4 letters with the same wording saying sorry that you are not happy, we will get back to you in 2 weeks. Also no indication as to where last months child benefit payment went to. Cheers, 1970.

Hi, I sent my copy statements dated May 97 to April 01 along with another schedule of charges. The reply I've had says: "Under the current guidelines, it is only possible for us to consider claims for the previous six years. Under these guidelines, we are unable to consider any of these charges for refund" So, I need to start building my case based on the limitation act and concealment. Here starts the hard work... Cheers, 1970.

Just got a letter from the court this morning: Upon reading the court file it is ordered that the claim be stayed as it makes no serious attempt to comply with CPR 16.4 (1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) The claimant must amend or substitute its particulars of claim setting out the claimants case in plain English by 4pm on 2nd August 2007 and in default, the claim be struck out without further notice. Cheers, 1970

Totally agree and I wish to get to the bottom of how they think they can talk to each other about me... 1970

I got the claim form about 6 weeks ago. Not sure why they are quoting both companies. When I got a letter from the local court to say the case had been moved there, in the claimant box it had both companies listed against me the defendant.

Hi Seahorse, I did some research on this. CF UK Ltd became Kings Hill No1 Ltd and Kings Hill No1 Ltd became CF UK Ltd. Basically there are two companies in existance and they both swapped names on the same day. Check companies house - very bizarre. With the claim form I received, the claimant is CF UK Ltd and the statement of truth is signed by Kings Hil No1 Ltd. Cheers, 1970.

Just sent this off... Dear Barclaycard, Thank you for your letter. May I apologise for (possibly) quoting the wrong account number in my last letter. I have received letters from various companies associated with “Cabot” and also Barclaycard, all quoting different account numbers requesting repayment of an alleged debt, which I do not acknowledge. Here is a list of account numbers quoted in various letters: 4929 xxxx xxxx xxxx 4929 xxxx xxxx xxxx 4929 xxxx xxxx xxxx I have lived at the above address for the last 15 years and my date of birth is 1970. Hopefully this will provide you with enough information for you to retrieve the requested information I require under s78 (1) of the Consumer Credit Act 1974. In regard to impending legal action in relation to the alleged account, Cabot Financial UK Limited and its associated company Kings Hill No 1 Limited in a recent court claim has stated that you have assigned the rights but not the duties of the alleged credit agreement. Can you confirm that this is the case, since if this is the case I intend for your company to be added as a party to this court case and to issue a counter claim for all unlawful penalty charges in relation to the account. I will also seek full disclosure of your costs in relation to these penalty charges, and I may also bring a counter claim for libel against your organisation in respect of the incorrect default information recorded at the credit reference agencies. If you do not reply within 14 days of the receipt of this letter, I will take further legal action in respect of this court case. Yours Sincerely, 1970

any update yet?