cheers guys

Curlyben, I'm about to send your letter, would it be advisable to add a paragraph giving them the option to stop litigation and accept pro-rata payment?

Thanks Curlyben

I have done the cca request but not the S.A.R. I just want to get this sorted one way or other because they are adding £500 per month interest!! Thanks for your replys btw.

How should I complete the claim form? Do I request 28 days to prepare my defence? What are Restons rights to add a collection charge?

My biggest debt is with MBNA and just above 20k. I have made them offers of pro rata payments in line with my income & expenditure however they are refusing and asking for more. I can just about afford what they are asking for but it will be a struggle. They have given me until 8pm tonight or they will issue a default and charge the account off to a debt collector. Has anyone had any experience of this? I assume that a debt collector would buy the debt at a fraction of the 20k, but would they be more likely to accept my pro-rata offer or would they add loads of charges and take me to court? any help would be much appreciated.

Hi Curlyben, This is the full PoC The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about xx/xx/xxxx in the sum of £xxxx PARTICULARS a/c no - xxxxxxxxxxxxxxxxx DATE ITEM VALUE xx/xx/xxxx Default Balance £xxxx xx/xx/xxxx Collection charge £345 Post Refrl Cr NIL TOTAL - £xxxx

I am currently in a DMP with the vast majority of my creditors. However HFC (spit) which is one of my smallest balances have not responded to my request of pro rata payment. Today I have received a claim form from Restons requesting the full amount plus a collection charge of £345! In my anger I called them up to see what they are playing at and their response was basically tough luck we will not stop proceedings!. I re iterated my commitment to coming to an arrangement but the ****** on the other end of the phone didn't want to listen. My problem is that in my line of work I could really do without a ccj and need to avoid this going to court. what is the solution. The particulars of claim are - The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about xx/xx/xxxx in the sum of £xxxx

Wife received a "NOTICE TO OWNER OF INTENT TO ISSUE COURT PROCEEDINGS" from Excel. She's not the owner as the car is a lease car and she is not the driver (that would be me). This is the first correspondence that she has received and it states that "YOU HAVE LOST THE RIGHT TO APPEAL" and amount of claim £100.00 It also states that "Liability for the pcn charge lies with you the owner/keeper/driver/hirer" I have read the stickys but am unsure of the best way to approach this.

Lloyds TSB are really funny. I have received so many letters from solicitors & debt collectors I have lost count. Every one of them threatening to commence legal proceedings Oh please take me to court, I dare you.

Getting back to the point that my alleged agreement has not been executed (signed or stamped) by Barclaycard. I am of the opinion that it is unenforceable. However, as expected the phone calls and letters are starting again and I am wondering how strong my position is? If this was to go to court, what would a judge say? I will try and post a copy this afternoon or over the weekend.

Thanks Mike

I have finally received a copy of my credit agreement (only taken 3 months!!) And whilst at first I was gutted that they produced it I have just realised that it has not been executed !! Nothing at all not even a stamp ! Should I continue to ignore their threats?

It is definitely unenforceable anyway, because although it is blurred I can see that nowhere does it state that it is an agreement regulated by the consumer credit act.

The credit agreement sent to me by Nat West is so blurred its as if they are having a laugh. (Its very late also) Does this mean that they do not have a good copy themselves? Has anyone had any experience of this?

Just received this text message - "Hi, give me a call on 01244673052, it is important that i speak to you today." I have found out that it is from MBNA I know that this is against debt collection guidelines but who do I complain to?

UPDATE, Got a letter from Blair, Oliver & Scott which says "Thank you for your letter dated xxxx" I have not had any correspondence with them whatsoever. The letter I sent was to Sainsburys! Whats more they are requesting that I re send my original letters as they don't have them on file!! (No because I sent them to Sainsburys you muppets) Cahoot will not accept my offer nor do they want to negotiate, so i am paying what I offered and they can take me to court if they want. HFO have asked me to prove my mortgage amount and car lease purchase amounts (out of all my creditors they are the only ones to request this info and whilst I can provide the information I do feel a bit naffed off with their suspicion) not only that the HFO is the lowest balance out of the lot and they are been the most awkward.

Approved? Do you mean Preferred?

Hi Bubble, Who is the lender?

Weller, Don't be scared thats what they want. The item that they dont have an obligation to produce is the deed of assignment. But thats not your main concern. Its a copy of the credit agreement that you requested and they must provide this within 12+2 working days. If they do not provide it you are within your rights to withold payment until such a time as they do.

MERCERS CHRISTMAS PARTY

I'm having a good old laugh at Mercers. I have just received a letter threatening to "visit me at home" oooo I'm petrified! The letter starts - "We have been unable to contact you" however I have a whole file of correspondence and a letter from Mercers themselves dated 7 days earlier which starts - "Thank you for contacting us"!!! I am now of the opinion that Mercers are just a bunch of unorganized chimps with typewriters knocking out random letters and ignoring all incoming post.

Thanks gyzmo, Flaming eck im getting text messages from them now! Under Siege is truly under siege from Lloyds TSB

I am trying to compose a letter to send to consumer direct, but I feel like an illiterate fool! Can one of you more experienced types look at my letter and amend it? Pretty please Consumer Direct xxxxxx xxxx xxx xxx Re – Lloyds TSB Credit card number xxxxxxxxxxxxx Dear Sir/Madam, I am writing to complain about the actions of Lloyds TSB bank. I am faced with harassment via telephone and mail whilst they are in breach of the Consumer Credit Act. On xx/xxxx/2007 I requested a true copy of my credit agreement as is my rights under the Consumer Credit Act. I sent my request via recorded delivery which has been confirmed by Royal Mail. I also enclosed a cheque for £1 which is the maximum fee chargeable under the act. Lloyds cashed my cheque. On xx/xxxx/2007 I sent them a reminder, as I had received no contact from them. I sent a further reminder on xx/xxxx/2007. Lloyds TSB are now in default and are therefore committing a summary offence under the Consumer Credit Act. However I am being harassed by telephone from their collections department as I am withholding payment until they comply with my request. On xx/xxxx/2007 I received a letter from Sechiari, Clark & Mitchell solicitors demanding payment or be taken to court. I would therefore respectfully request that you investigate the matter on my behalf and help to establish why my original request has been ignored on three occasions. Yours faithfully