Really? As I was reading the Legal Services Act 2007 and it states Only an authorised person or an exempt person can carry out a reserved legal activity (s. 14). It is a crime to carry out a reserved activity otherwise though it is a defence that the person "did not know, and could not reasonably have been expected to know" that they were committing an offence. It is also an offence to pretend to be authorised (s. 17) An offender can be sentenced on summary conviction to up to six months' imprisonment and a fine of up to £5,000. If convicted on indictment in the Crown Court and offender can be sentenced to up to two years' imprisonment and an unlimited fine. An unauthorised person who purports to exercise a right of audience also commits a contempt of court for which he can be punished.[5] One of the reserved activities is Conducting Litigation and as the LBA is Part of the Pre Action Protocols, this surly is litigation? My application said to set aside and also to Stay of Execution

To cut a story short, I had a claim raised against me. The claimant used an unlicensed Debt Collection Company, this has been confirmed by the Trading Standards of that area who are dealing with this. The claim form was issued on the 12th Septemeber and I sent my AOS and intention to defend and counter claim on the 27th September by first class post. On the 4th October, the judgement was entered by default and on the 6th October, my AOS was marked as received. When I telephoned to ask, they said "We are 8 days behind" The claimants agent then wrote and I informed them I intended to apply for the Judgement to be Set Aside. So they sent in the High Court Sherrif to enforce. Now I have a number of question which I will number and hope people can advise. 1. As the LBA was sent by an unlicensed Debt Collector (They knew I knew this and I told them anything they wrote would be ignored) is it valid. 2. They sent in the HCEO deliberately but again, are they allowed to do this as they are neither a solicitor nor a debt collection agency. I have seen letters to the HCEO and they are all from the unlicensed firm. 3. I applied for a Set a Side and Stay of Execution but the hearing I have only says Stay of Execution. Will the Set Aside be heard as well? 4. Is there a way I can ask for the documents held by the HCEO to be made available to me for court. Regards

Back again I have just checked my credit file and sat on my account is this account with a default and also to the value of £12,772. Im completely F&&&&& off with this and want to go for the throat. Advice please Thaks

You will need to stretch the box a little, it must be totting up nicely.

http://www.consumeractiongroup.co.uk/forum/showthread.php?12511-Set-Aside-a-Judgement When I had a CCJ and the news on the Bank Charges came out, I Set Aside the original judgement as it was unsafe on the grounds of the unfair charges.

God it grinds my teeth. We wont claim on the CCJ as it will be offset against that? So if you owed £1000 but had £800 in PPI they would not claim. Ive started on the road and though I was good with my bank charges claim, the help in the PPI section is excellent so go for it yourself. I would like to ask the brains, IS they CCJ questionable as the amount will consist of missold PPI?

Thanks IMS That makes sense

From what I have read on here, and I AM NO MEANS AN EXPERT, the claim managers want these claims Write Letter Write Letter Threaten Court Receive Payment Take 30% plus If the claim deviates from this module, they dont want to know.

Ok Ive ordered all my statements and these will be with me in the next 7-10 days. Just a quickie though, what do we do amount the PPI thats been added onto the insurance (In my case £2422.50)? I understand the spread sheets and claiming back what we have paid but what about the lump sum that is sat on my account. Thanks

OK, got the agreement Amount of Credit 15,000 Amount of Credit for PPI £2422.50 Total Credit £17422.50 Duration is 300 months Total Charge for credit consisting of Interest £26667.50 Broker Fee £1000 Costs £150 APR VAriable of 9.8% (Though this raised last year to 10.45%) There is a box that says I wish to purchase optional PPI SIngle cover and a box that was ticked by someone else (It was when it was sent) I understand that I am purchasing the product ticked above on credit provided by you and that the terms relating to the credit for the purchase are found above. The broker is bespoke and the date of the agreement is 20/1 2007

Im getting the CA either tomorrow or Monday. Will post all relevants when I have it. Looking forward to this!!!

Thanks DX The loan is still running but it would be nice to get a chunk off of it. What got me was, when the Interest rates collapsed, mine actually went up.

I dont mean to jump in where im not wanted BUT could you not have the original CCJ Set Aside as the judgement contents are now flawed following the review?

Posty came this morning with a letter from FSCS. I had never ever heard of them. I then read the letter which had my full details on and headed Application for Compensation. It said I took out PPI with Wilmslow Financial Services PLC formerly Freedom PLC and I may wish to claim compensation. I was still left scratching my head as I had no Idea what they were on about. The I thought, the only Loan I have is with GE Money but still didnt know who Wilmslow were so I telephoned GE who said yes, the loan was brokered through GE and yes I did have PPI. I NEVER knew I had PPI particularly as last year, GE actually applied for a repossession as I had missed payments due to being on sick leave and not only that, I was self employed when I took out the loan. So i asked the lady to send me a copy of the agreement which she said she had just printed off and was sending it too me. I will be issuing a SAR because I want to see how many times in calls Ive said Im off sick and no one has advised of the PPI being in place whether I could claim or not. I am under the impression that the Brokers are not around, so would I be better just handing this to the fscs to deal with? I will post up any reply when I receive the document. Regards

Just an update and some help. I have today received a County Court Summons for the outstanding. The Application is in the name of S&W Ridings though I have never had any contact with S&W Ridings about the outstanding, only the alleged Debt Collection Company.

I am currently having an argument with Tmobile over my bill. When we went away, on landing I received a text to say my Roaming Internet will be charged at £7.50. I used quite alot and when I have got home, they have charged me £7.50 PLUS VAT so in effect, £9.00. I was sure that when communicating with a consumer, the price should include all taxes. The text I received doesnt have a caveat saying any extras. Thanks

Is this right, 2 years later or is it a glitch in the server?

I believe this is the law. http://www.legislation.gov.uk/ukpga/2006/47/pdfs/ukpga_20060047_en.pdf

Well for me, and I might be wrong here, Id say, OK, Start your recovery action? 1. They have the bike? Tell them to sell it. 2. The Levy is unlawful anyway I think if this was me, I would file a Form 4 complaint against the Bailiff who alleges that the Levy was made as you seem to be going round in circles. Why tell them to sell the bike? Because any levy is supposed to cover all the debt so if the selling of the bike wont cover the fees, the levy is unlawfull so there are no fees. If the bike sale can go ahead, as them for any surplus

If shes on JSA shes classed as Vulnerable and the council should/must take the account back.

I believe the fee is £75 though I would argue in court that you could claim the £75 back from the otherside if you can prove they were aware you had moved.

I personally would contact the bailiffs office at the county court and advise that you are applying for the judgement to be set aside. Of any bailiff to be chased by, imo, the county court ones are the "Best" as they are not on any commision. I would be confident that if you contacted them, they would say we will allow 7 days for the

Anyone?

I emailed the Bailiff Complaints officer querying the charges on my account. Here is his reply Sorry for the delay in my reply. The van bailiff has now been in contact but unfortunately because the cases have been closed down he no longer has the relevant details.So they have absolutely no record on file of the charges? Therefore I can only speculate as to how the figures are made up.The difference of £65 in case ****** would fit the standard waiting time fee but I can’t find anything to fit the £159 difference in the other case.The best I could do is van fee £130 and a levy of £29 but I can find nothing to substantiate this. Remeber, he is the bailiff complaints officer who is advising that there is a chargeable waiting time fee of £65. I am sorry I am unable to provide an exact answer but of course as the cases have now been returned those fees are no longer relevant and only the admin fee of £12.50 would apply in each case if the matters went for committal proceedings. I do not know any company who can write of £300+ in LEGALLY OBTAINED CHARGES at the stroke of a pen. Any further thoughts?

Number 1. Chill. I know its easy for people to say at the other end of the keyboard but the bailiffs WANT you to panic so you do irrational moves. Is the Warrant from a court appointed bailiff with the Judgement Number on it? I am presuming it is though IT COULD be from a HCEO. Haver you not received any paperwork in regards to this from the court?