Really???? Utter ballhooks! I take it you sent the non-compliance letter? Generally, shabbey apply charges at the end of the month - around the 28th (well, in my case and a few others I know of anyway) - so if you have the months you could work out the claim on that basis, but obviously it is not entirely accurate. However as they are blatantly stringing you along, I feel an official compaint is in order. In the immortal words "I'll be back".................................

Possibly not - since the abolition of the CIS25 voucher scheme, the onus is now on the sub-contractor to keep all records relating to payments and deductions. The contractor is obliged to provide a breakdown of payments and deductions at least once a month, but sadly this does not always happen. However, they (the contractors) are duty bound to retain all those records for 6 years (or is it 7? I never remember that one), so asking for a years worth should not be a problem.

No you are right, self-employed do not get a P60. The contractors he worked for should have a record of all payments made to him and tax deducted, and on request should provide you with a full breakdown. However, if this is not forthcoming - I do SA tax returns so I know the problems - then providing the deductions were standard rate tax and nothing else, you can work it back. Standard rate tax deduction for self-employed in 07/08 was 20%, so if you use the following formula it should help: (nett pay)*1.250 = gross pay gross pay-nett pay = tax deducted Any problems, please shout. Best regards x

Sorry, had to collect no 2 son from a party, hence the delay: A JP or similar at the local court will do this, no matter what the receptionist says;), or any local solicitor for a small fee - I believe it is £5. I would suggest you get it printed out as above and make it a priority to get it witnessed on Monday if at all possible (or tomorrow if the solicitors are open!) And it is vital that you make an official complaint as suggested previously. Glad to help - just hope I have given you the right guidance. Good luck and best regards to you and your parents - I sincerely hope for their sake that this is resolved in the right way very soon. xx

STATUTORY DECLARATION To: (the bailiffs) (their address) I/We (your name) of (your address) Do solemnly and sincerely declare that: the items listed (list them) or all items contained within the boundary of the above property are not the property of (your friends name) and (reason why they were there) eg the address is solely used a postal oneand have always been my sole property And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911. Signature: Declared at On the day of two thousand and Before me A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

I think you need chris' help here, but in his absence I would suggest that a formal complaint to both the OFT and TS needs to be actioned immediately. It may also help your parents to draw up a Statutory Declaration, a legal document which basically says that all goods on the premises belong to them, not the debtor, and therefore the bailiffs have no jurisdiction over any goods contained within the boundaries of the property. I will post up the template in a mo, which can be witnessed at a local court or a solicitor for a fee of £5. I personally would complain to the issuing court and my local MP also, and think about involving the media? Back in a mo with the Stat Dec.

Couple of points: !. "overallowed HB" (ouch, dreadful grammar) - I take this to mean an overpayment of Housing Benefit. Were you on Housing Benefit at the time? 2. Have you had any of their so-called previous requests? 3. How do they know that you are in fact the debtor? Addressing a letter like this to "Dear Sir/Madam" flags up warning bells to my mind. As TC says, let them return it to the council - do NOT, under any circumstances call b & s. Lastly, you should remove the ref no. showing in the letter as it is an identifier - do you recognise it by the way? Regards.

Sorry, but you cannot use a CCA request for a bank account as it is not a Consumer Credit Agreement. If there has been no activity since 2002 - ie no payments made or any contact regarding the debt, then it is likely to soon become statute barred. First of all, your friend must not, under any circumstances, speak to wc (lol, no pun intended!) on the phone at all. Secondly, I am going to ask the site team to move your thread over to the debt forums, where there are a lot of extremely well-informed users well versed in dealing with these sort of situations, and hopefully they will come up with an action plan for your friend. Hope that helps, and best regards.

LOL all, and thanks for the advice. All joking aside, I do think that some people would be pretty horrified to receive this letter - I know I would have been if it wasn't for this site. I shall be emailing OFT later - regarding TS, I take it I contact their local TS, not mine?

Received a letter today from a well-loved:rolleyes: firm in glasgow: "blah blah blah.....we must advise you that we are left with no option than to proceed with a Personal Visitation by a Debt Investigation Officer......" "If your address details are incorrect, (wtf:confused:) or if there is a particular time you wish the Officer to call, contact us immediately on.........." erm yes, the 12th of Never springs to mind. Surely they cannot seriously call doorsteppers, sorry field agents, "debt investigation officers?" This makes it sound as though they have a right to look into all your financial affairs, which I know is twaddle. Are there any breaches here, or are they just being creative??

:lol::lol:

This should raise a chuckle: Today I have received a letter from mbna, dated 1 day after the threat from O Legal. But my scanner doesn't like it because its on nice shiny paper with lots of colourful text boxes! It starts off by telling me to pay the whole balance - in 5 days, as it took 5 days to reach me. If I can't pay I have to call immediately. It then goes on about reduced payments, a reduced settlement offer etc, all available if I contact them to discuss my account and make a payment - within 5 days. In the pretty blue text boxes it says: "mbna are more than willing to help you with your overdue account" and: Make at least one positive step towards sorting out one of your debts. First of all, deal with the creditors who are making an effort to help - like mbna. Share your fears and frustrations and remember: a trouble shared is a trouble halved. I just had to laugh at that statement. Call me cynical, but could the second line not be construed as promoting preferential treatment towards mbna over other creditors? No mention of legal action etc - maybe because they've already done that!

STATUTORY DECLARATION To: (the bailiffs) (their address) I (your name) of (your address) Do solemnly and sincerely declare that: the items listed (list them) (or amend to say something like "every item contained within the boundary of the above premises") are not the property of (your friends name) and (reason why they were there) and have always been my sole property And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911. Signature: Declared at On the day of two thousand and Before me A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

I am a complete novice at this, but I think what your daughter needs is a Statutory Declaration. This is an official form which declares that all goods/possessions inside and outside her home belong to her and therefore they cannot be seized to cover any debt which is not in her name. The form can then be either signed by the local court, or a solicitor for a fee of £5 I believe. I will see if I can find the template for you.

Now today I have received not one but TWO default notices for this account! The only difference is that they are dated 3 days apart. Both are addressed in joint names, so it is not as though they have sent us one each. I really haven't got a clue what to do any more. Any advice please?

Guess who?? Well, requested complaints procedure from shabbey - no response. Sent complaint to FSA - no response. Not heard anything from shabbey or dmrs at all, until today............. I received a statement showing the same balance as it has since about Oct 08, and then on the bottom it says: Interest and Charges Incurred this period: 21/02 Instant overdraft interest -45.32 23/02 Instant overdraft interest -44.66 24/02 Instant overdraft interest -46.15 25/02 Instant overdraft interest -46.28 01/03 Instant overdraft interest -41.80 Total to be deducted on 30/03 -224.21 OMG!!!:-x:-x Can this be right?? It works out to more than 10% of the outstanding balance in interest?

As far as I know, NO they cannot do this - unless the debt is secured and was not included in the BR. I would get onto your OR asap, and give them the letter. All your debts are now in the OR's hands, and as Egg have acknowledged the BR they should not be communicating with you at all. Hopefully someone else will drop by soon to give you more advice - I am a complete novice to be honest. Hope you get it sorted, and best regards. xx

Excellent B3rty, thank you for that. I did think it was just a scare tactic, but it's nice to be reassured. Yes, the letter comprises 6 paragraphs - and the word "may" appears 5 times! CCA request winging its way to them. Thanks all for your input - I will update as and when may;) be necessary! Best regards xx

No, there is no CCJ.

Thank you, however they haven't mentioned bankruptcy, only the charging order. I used the bankruptcy limit as a guide to the size of the debt, rather than using the actual figure. Sorry if I confused the issue.

Hi all I have received a letter from optimum legal (deliberate spelling error;)) threatening me with a charging order for an mbna cc debt. Couple of questions: 1. How likely is it that they would go through with this? The letter is full of scary () threats about forced sale etc etc, but the debt is relatively small - well below the bankruptcy limit, so I can't see it would be worth their while. The house is in negative equity anyway! 2. This was an old marbles card, so when I request the CCA are they supposed to provide the original one, or just a new one from when they took over? I am sure mbna sent me a new agreement, but I am equally sure that I did not sign and return it. Thanks for any advice. xx

Hiya:) Very glad to hear you are feeling more positive, and hopefully reading around on here has helped you realise that you can get things back under control. I don't know a lot about payplan, but having spoken to them previously I do think their advice is pretty sound, and they will help wherever possible, so if they have suggested a DMP and the figures are workable, then it may be a good move for you. However, as you are going to challenge some of your debts using the CCA route, it may be better for you to do this first before entering the plan - I have heard that payplan do not like stopping payments to creditors where you have disputed the account. As far as the mbna CCA request goes, I make it that the deadline expires this Friday (13th) - the statutory time limit is 12 working days plus 2 for posting. So if you have had no reply by then, you are within your rights to withhold all payments until such time as they produce an enforceable agreement. Not sure on the bank account - I remember seeing a table somewhere showing which banks were associated - will dig around and get back to you if I find it. Best regards xx

You are very welcome. Best regards xx

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=4293&d=1224414745 This is the judgement referred to.

This might help you a bit - advice I received in a similar situation: http://www.consumeractiongroup.co.uk/forum/show-post/post-1771728.html regards xx