wow, I'll cut to the chase, sorry for the delay in responding. Firstly, you can submit applications online for courts. Any papers from the court comes with a case number and that is your key for online submission - it literally takes minutes and is not nice and simple. Secondly, ask to have it set aside on the grounds that you are not at the address, and papers were never served. If you can prove you are on on benefits or you would be in difficulty to pay the £70 submission fee, there is a form you can complete and submit it - you may need to put in three months bank statements... or pay the £70. KEEP COPIES OF EVERYTHING YOU SEND and print outs of submissions online. Also, tell the courts you have had no communication, and that you have been working with O2 to resolve this, but they have no record of your account. When you get served the papers, you can ask O2 for signed copies of agreements an SAR (Subject access request - a basic letter asking for all information on you and whoever else they have provided it to - need to send a £10 cheque and recorded delivery)... which legally they must provide in 28 days - other areas of this site will provide better information on this and template letters - if O2 fail this, they are committing an offense and you can fight on these grounds. DO NOT sign anything - do not let him in the property, even if it is raining.. and leave your downstairs windows closed. However, here's something interesting... IF you have kids at the house, i think under 12, the bailiff cannot take anything. IF you have toddlers in the house... the bailiff can't even enter the property and must walk away. Also, Bailiffs are human, they know the law, and if anything un towards is done, they could lose their license. There are some genuine nice folk, and some real idiots... both ways, you should know your rights and what is allowable. I hope this helps, either way, you have more rights than you know. A smart person like you can run rings round the system if it tries to play tig! Shidoshi.

Seems I can set the Stat Demand Aside because they owe me some costs from the previous claim which they have not paid and have been disputing? http://www.consumeractiongroup.co.uk/forum/mbna/127923-mbna-1st-credit-connaught.html I'm sure that'll wind them up...

The story continues... I spoke with OFT and they contacted me for a copy of the paperwork I hadn't received the last judgement so I waited till I did. On the 26th June 2008, I received the judgement and posted the whole case to the OFT... post marked 25th. I spoke with the OFT on Friday who asked for a transcript of the final judgement. They said it may not be in your interest to appeal, but you might have a claim under contract law. however, they need the judgement transcript. This costs i take it. They will however pass it on to have their CCL investigated. Tuesday 30th, got a letter from the Solicitors saying they've put in a stat demand on the 29th June... Today (9th July), got served my Stat Demand... I understand I have until tomorrow should I wish to appeal the judgement. I understand I have 18 days from today to appeal the Stat Demand. I understand I have 21 days to come up with the money. What it doesn't say is what would happen if I simply can't pay and don't have the money?!? Does anyone here know... please? I'm freaking out a little...

Interesting... Spoke to the courts Civil Listings Section... they have "judgement set aside" as the last entry against the claim number... I've been informed there's a massive back log and may well be next week when I receive the order. Appeal dates start from whence one physically receives the order, and you have fourteen days to appeal the judgement. I guess I can wait a little longer... (Pulls out a HUBBA BUBBA and loudly chops away staring at his screen... hoping it'll speed things up!)

Just to keep you all posted. Got a phone call from the OFT who have asked for a copy of all the documents. Awaiting for the written confirmation of the judgement before I send all the documents forward. Will keep the threat updated. Still working on the rap album!

Thanks so much man, it's nice feeling knowing "we are not alone"... I have so many court cases... about four I'm currently dealing with, three I've already lost and many more pending... all because that solicitor stiffed my business and the repercussions are coming about personally... While he gets three square meals a day... exercise, a roof over his head... I fight for the roof over my families. Mmmm... anyhoooo lets see. (Thinking out loud here) My argument was that it was a PCP regulated by consumer credit act 1974. By which right, it's my vehicle and they can't sell it nor request it... However in the agreement, it states clearly that if the agreement is in default, they will locate and if necessary sell the vehicle. According to PCP rules, they can't do that. What the Judge saw was that as it was over the threshold, it's not bound by CCA rules, therefore it's an agreed and signed unregulated contract, even though it says Regulated... 1974.. Act on the front. Two other things: the judge didn't get his copy of a legible agreement, instead I handed over my original copy, so the claimant didn't satisfy the order, I didn't get full disclosure until three days before hearing 3 - this was brought to the judges attention also... but to no avail... as the statements were brought forward by the claimant in hearing 2.... and it's those very statements I didn't have in hearing 2 which i requested for in writing three times from the claimant, to only get them three days before hearing 3... so why was this not taken into consideration? (breaks out of thought) On Friday after the judgement, I had hit rock bottom, I had no pride left... and so went to see a Solicitor, based in West Yorkshire for post case advice. no appointment, no schedule... just walked in off the street. They came highly recommended by someone I know and trust. The principle put everything on hold and spent 3 hours Friday afternoon going through the case history. He even called in a Barrister. Eventually, both agreed, that the best course of action is to wait to see what the judgement says... partly because a deadline was not given for payment by the judge, and partly because I had not documented the amount... I was a little displaced at the time... Initial response, that an appeal may not be the best course of action, but Report it ti OFT to get the ball rolling should you decide to claim for misleading sale. They charged me nadda... and even paid for lunch... I was actually for the first time very humbled at their generosity and kindness... the world aint that bad after all. So I will wait for the judgement to see what comes... and I will of course keep you all posted. I have thought of putting all my fights up here, were it not that my fingers would wear to the knuckles...

deep deep down... in the pitt of my stomach... I hope the poll lets me make a rap album. I don't know how much I have left inside for battle deux.

Hi mate, I understand what you're saying. I don't feel I have grounds to appeal, because after speaking to the OFT, they say the judges word is final and we can't take this any further. However, the FSA suggested that I write to the company using their template letters and telling them what I think... well not in so many words I doubt! To tell them that I have been mis-sold a product of theirs and what I want them to do about it. They have eight weeks to respond, after which I can take this further. My worry is in eight weeks, they'll have bailiffs round with a fully slapped charging order... but wait a minute... I've sold my house... could they infact reverse the sale of the property....? what about the wife and kids...? all these things running through my head pal. Right now, I'm nursing my wounds from yesterday... I can't think straight to be absolutely honest. The amount initially claimed was over £5k so not small claims. Their costs came to over £7k. To be fair, the judge appreciated my situation (not enough though!) and slapped their costs back at them, awarding only some filing fees and about £1k for the rest. Do I qualify for legal aid? most probably yes, but I've been fighting everything myself... reason? Oh you don't want to know... I was stiffed by a solicitor firm once, he's now doing hard time, but not by me, by someone else he stiffed first... needless to say, I find it difficult to turn to well spoken, well educated maturely aged solicitors now. Are there no ethics left in this world I ask? Thanks for your response though... stay with the light luke...

Hey I've got no money, (you as well?!?) The initial agreement was about £460 over the £25k limit for it to fall under the Consumer Credit Act of 1974. The 2008 revision does away with this limit. Judgement was Friday 13th.... yes.... I know. Worse still, the shop next door had no crunchies... it's a conspiracy and a sham I tell ya.. a sham!

Hi all, (Deep Sigh... here goes) Them - Claimant Him - Defendant Something the Defendant discovered after the first court hearing... PCP - You own the vehicle and are liable for the finance money. Any vehicle repossession requires a court order... HP - You do not own the vehicle and hire it, to purchase at end with some agreed lump payment. This story begins... 3 years ago Defendant signs a 1974 CCA Regulated PCP for a vehicle (Big bold letters on the front of agreement!) 2/3 years into agreement defendant defaults (by 1 payment) Defendant has family circumstances and must avert attention home Defendant calls Claimant to inform of extreme change in circumstances and options Defendant requests to personally sell the vehicle to mitigate losses Claimant denies permission Defendant has a concrete buyer for the vehicle at 97% of settlement. Claimant denies permission Defendant under duress surrenders the vehicle Claimant auctions vehicle for 70% of settlement Defendant is billed for remainder Defendant waits for court papers Claimant sneakily serves at an obsolete address Claimant gets judgement in default as defendant had no knowledge of claim Claimant sends in bailiffs to defendants property Claimant gets interim charge put on defendants property Defendant given court date for full charging order hearing Defendant goes ape**** Defendant contests judgement Defendant has judgement set aside Defendant has interim charge removed Defendant awarded costs (although still not paid) Claimant re-serves to real address Defendant responds with defense Claimant awarded judgement (hearing 1) Defendant argues quantum (hearing 1) Claimant asks full amount (hearing 2) Defendant argues that it was not mitigated, he had a buyer with finance approved who had interest in the vehicle. (hearing 2) Defendant offers 3% (as would have been if the vehicle was sold privately) JUDGE Notes it's a PCP under CCA, vehicle is defendants property and should not have been demanded back - potential agreement breach, relisted for later. (hearing 2) JUDGE asks for legible copy of agreement and re-lists (hearing 2) ... and without prejudice Claimant asks for 70% plus costs to drop judgement Claimant then asks for 40% plus costs to drop judgement Claimant then asks for 40% only to drop judgement .... and here's where it cranks up a notch... interesting.... Claimant then writes to say... drop hands, we go, you go!?! Defendant asks for his costs already awarded for lifting the charge on the property, and cost for defense up to date Claimant offers 9% of total costs Defendant asks for an apology letter and 70% costs Claimant pursues to court to contest COSTS... no witnesses from their side attend (hearing 3) Claimant argues permission to sell vehicle was given (Hearing 3) Defendant brings witness in who would have purchased vehicle (Hearing 3) Claimant "comments" laughingly how the agreement is not really CCA as over threshold (hearing 3) .... and then the brick wall at 100mph.... JUDGE awards claim and costs in favor of Claimant... because the amount of credit was a touch over the CCA threshold for it to qualify under CCA rules, therefore, the agreement is water tight and they can pretty much do what they please... oh and one should have known that it was ones vehicle and one can sell it any time. Defendant stumbles his words... points out it says "Regulated... 1974...Act" on front of the agreement... Sir... Defendant points out log book is with Claimant for security reasons at all times... sir JUDGE "knows" you don't need a registration document to sell the vehicle. Claimant Unexpectedly and most probably "jubilantly" SHOCKED Defendant CRUSHED Defendant BROKEN JUDGE "Good afternoon then gentlemen"... Defendant didn't seem to think so any more. So... what do you think should happen next in this story?

Hi Spamheed, Yes she paid full market value at the time with a full 10% deposit - No shortcuts were made and everything was done properly. I really appreciate what you're saying, I really do... I'm hunting around at the moment to get all my paperwork / receipts together in preparation for the bigger picture, and I appreciate that all equity drawn at point of house sale needs to show accountability. It's more the fear factor of how far will they go? what will they look for? will they drain the kids accounts? all the thoughts hit you at once, and makes you wanna vomit. I wish there was something I could do to take this away for others too... I really do. Saying that, I really appreciate your help and support. Thanks.

Hi there Spamheed, Panic attack city pal... Yes it was in my name initially, but my wife purchased it off me as I couldn't afford the mortgage anymore. It was done so almost two years ago to which she paid a cash deposit, and was a proper sale and not a transfer. The Judge didn't order payment or payment terms, but only mentioned a summary judgment for the amount of £45k, and 42 days to put statements together to defend the additional £8k that I'm arguing (when I'd like to appeal the judgment in totality), to be listed for trial after July sometime. I really can't lose the house, so not sure what to do from here especially with the other cases in the pipeline. I was hoping someone may have information about any clauses in unregulated agreements that allow termination so I can fight on. Does this make sense? as sometimes I don't make sense to myself! Thanks so much.

Hi all, I'm hoping someone can help me... I've been fighting many cases over the past two years and this one I lost (I think) today... Claimants (BMW Finance) made application for £53k for the termination cost of two HP agreements. My defense was it was contrary to the CCA, and I should qualify for halves/thirds (As I had been through half of one agreement and a third of the other. Also, the car was sold undervalue. After the judge heard both sides, he came to the conclusion that as it is over the £25k mark, the agreement is unregulated... Judgment was awarded to the claimant today for £45k on two HP agreements, with dispute of the £8k undervalue claim. A date after July has been allocated for a hearing for the additional £8k. I ask the following, and hope that someone can help? With the Summary judgment of £45k, would/could this be enforced now? or after the hearing for the additional dispute? Is there anything I can do to fight this with it being 'unregulated'? The CCA 2006 01/04 does away with the £25k clause... would this be an argument I could take on board to appeal the judgment? Either way, there is no conceivable way I could pay this... the judge asked about assets, and I told him I have nothing to my name... my wife owns the house her, myself and three kids live in. Could they take this away? There are other cases in the pipeline (some more promising than others), and another judgment which has not been finalized. I have been avoiding bankruptcy because I can't afford the cost, and have been holding on tooth and nail so far. Should I hold out? or borrow money from family and simply file for personal bankruptcy? I just want it to end now... the last two years have just aged me too much to appreciate the finer things in life (like a blocked drain!) Thank you all for your help and assistance. PS: Spoke the the National Debt Help Line, and they said it's a legal issue now, so passed on the details of The Community Legal Advice Team, from whom I am awaiting a call back...

I'm not sure, I need more people power. If I go after Irwin Mitchells, they are a big firm, I'm no solicitor. However, in the case I'm fighting them at the moment, they have two solicitors, three fee earners and a barrister against moi... With me specifically, it's personal. They got a charge on my house by serving at some other address... I've remedied that since and now it's was with them representing LEX and me representing myself. If there are others, and thehomee here seems to be at least one other, then I'm interested in taking it further. Hoswever, if I complain to the law society... they are very intrinsically related to irwin mitchells I hear. So Who to complain to next?

Hi guys, I have recently read a post on here by which it seems there was a serious breech of processes by IRWIN MITCHEL SOLICITORS. I have also been a victim of similar breech by them, only they managed to get an interim charge on my house while my head was turned. I am very interested to see if there are others who have suffered similar fates at their hands. They are very sneaky and exploit all the loopholes possible. I would complain to the law society, but you see, my research shows that the big man at the top of the firm... is also one of the big men at the top of that one! so... what to do. I am willing to explore options, and it would be real power if done so in numbers... hence why I'm on the CAG site! ;-) You are welcome to PM me or respond here and lets get some power together to stop IRWIN MITCHELLS SOLICITORS taking advantage of innocent victims, and stop them winning awards off the flesh of their brethren... Oooo was that sounded a bit harsh, but I left it in. Talk soon.