Mandy, Agreed you must change your bank account immediately to one with whom you have NO credt card so that this doesnt happen again. Dont know what your recourse is regarding their previous action, it might have been in the contract that they can grab money from your account but you should contact your Citizens Advice Bureau regarding their action. If you cant pay off your credit card debts anymore, get in touch with National Debtline- you'll find it online and they are really helpful. Finally, to you and everyone else, stop giving the credit companies all those phone numbers. I never give them my mobile or email. Just say you dont have one. ONE pho. no. is enough. Good luck.

Probably any court except the Isle Of Wight which apparently exists on another planet. I had a chargng order put on house and received no paperwork including CCJ, Summary Judgment & interim order etc. When finally appearing at a hearing to set aside ( following admission by Court clerks of grievous errors in correspondence) dick of a judge set part of the judgment aside for further hearing but refused to remove charging order.) Am now attemping to sell house and solicitor for claimant requiring full charging order PLUS interest even tho partially set aside!

Cash has been classified a 4 letter word for a long time now. I have just treated myself to a prepaid credit card simply because I am too frightened to carry cash around. This degradation of cash is a serious issue. It gives institutions such as banks control. Cash should be king. Easier for budgeting. Easierto save. I'm sure there's a whole generation out there for whom cash has no relevance.

Oh yes, and because MBNA couldn't provide a credit card agreement, I find myself rather better off than before, too. Hay scarlet- did MBNA really back down over absence of a proper CCA?

I have not signed a thing since I went online here. But I signed something earlier on- either the original request for the default/ or a letter to Restons -something. Have drafted another request for CCA which will go unsigned.

Tomterm, I didn't send in a detailed defence but said essentially that the claimant was referring to an agreement regulated by the Consumer Credit act of 1974 and had not supplied a copy of it. Because no copy was supplied in evidence of the claim, I had sent a formal request to the claimant on x February 2008 requiring a signed true copy of the original agreement on which they are basing this claim. It had not yet arrived and as it was necessary to file the defence within the 28 days demanded by the Court, I reserved the right to make a specific and detailed defence once the requested copy had arrived. The court received it & they had 28 days to reply. Do you think I should now send the £1 & registered mail request? Also I still intend to ask for the 2003-6 overcharges but need to do the detailed spreadsheet. I havent heard from HFC regarding the breakdown of the collection charges either.

TOM term & Sequenci, A few urgent questions -we will need to action everything on Monday 25th. 1. The BP was served personally on husband/partner only. No copy of the Statutory Demand. And no certificate that the SD was served.We have no idea what a SD looks like. His BP has only his name on it. On the BP form, it says SD served on a woman that we dont know. She apparently works for the main reception office but the SD certainly never made its way to our Mail box. Nor did cpourt papers. V. weird. 2. I have received by regular post a letter from a commercial support company ( with a PO Box- a mobile number & a fax. No landline phone.) asking me to meet with him next Saturday 1 March at 2:15pm in order to serve me my very own BP. Well I have not had a Statutory Demand either. Should I go? What should I DO? 3. In scanning the paperwork for you, we found some interesting anomalies. A. The faxed claim form from the issuing court is against both of us. B. BUT the Default Judgment faxed is only in his name albeit T/A our company name. IF we apply to set aside- both of us or just him. If there's no default judgment on me, can they proceed with a BP or even Statutory Demand? 4. File an application to vary without notice with a signed affidavit for what & to whom. To vary the judgment? To Issuing Court of claimant & default judgment or to local court where BP was filed? What do we say? And what about the BP? 5. What exactly is an affidavit? 6. THE CLAIM: Claim form says full details were provided to the defendants by claimants. Not true. Once we went to another printer who could supply our new requirements- on a friendly basis we thought, they went straight to court. We have no statements whatsoever. THE DEBT: The debt is for monthly invoices from March-July. WE know we owe some. But not all. BUT have no paperwork at the moment because new acct. has all - books, bank statements,cheque stubs- and we cannot verify anything! WE need to slow/stop any bankruptcy/judgment until such time(within the next 2 weeks) when we have our books back and we can make a payment offer on what is legitimately owed. Which is why we thought asking to set aside would give time to bring to our local court. Keep in mind- we did not receive ANY of this-it has come out of the blue. SO--- HOW best progress to STOP BANKRUPTCY PROCEEDINGS? Set aside? Vary? with whom? All help sincerely appreciated.

Hmmm... Tomorrow is 12 +2. But didnt send registered. Or a £1. Terribly tempted to call Marbles bimbo & ask. But CAG definitely anti phone contact and I defer. Still havent heard re Collection charge breakdown.????? Same amt. of time.

Hey you know what? We CAN start our own Credit Union! Low interest rates/non profit. I've been looking it up. Common Interests. Who wants a Bank anyway? And what a way to rock the Banks!! How about it???

Thanks here's link. walrus1959 - Photobucket - Video and Image Hosting

Hi Tomterm Here are: BP, Claim & Judgment. Many thanks. Curious sand1

Hi Tomterm Will post both. I havent yet received MY BP but my Biz partner/ husband has. It will be the same. ( See my reply to sequenci earlier today. I dont know why the quotes didnt show up.) I just got a letter telling me where to show up so I can be served my very own BP. Interesting because didnt get my SD so I'm in a slightly different position. BUT same consequences sand1

OK The latest. We had the Worcester County Court send copies of Claim & Judgment. Only two correspondences: Claim form which seems to be 18 September & a Judgment in Default of 20 November when we didn't reply. I have just sent Court Manager a letter asking him/her to ensure that these were actually posted. Claim refers to full details sent to client by claimant. Well no- we dont have them. No statements/no correspondence whatsoever. Until our acct. returns all books, 2007 bank stmts, etc we dont know the validity of the claim & cant figure out. Partner anxious to request judgment be set aside. ( Too late?) In the meantime I've asked place where we get business post who person is who was served the statutory demand (s). Apoplectic sand1

As far as the penalty charges- I have no idea as NEITHER of us have received ANY documentation re this until the BP. No it would not be a Consumer Credit Act thing I dont think as it is a bill for biz services- printing. We never received a statement from them- they just got royally miffed when we took our biz elsewhere and went straight to court. If the SD was issued on 20 November, the whole court case had to have been between Sept-November- we left them in September! I'm sure there are loads of solicitors charges etc, when we apparently didnt show up at the supposed hearings! Why would anyone bankrupt a business? How would they expect to get paid-the idiots! Thanks for form by the way! sand1

" The creditor is under obligation to take reasonable steps to bring the demand to the debtor’s attention and if, practicable, personal service should take place. Where this is not possible, the creditor is allowed to serve the demand either via post or through a letterbox, but it is expected that following steps have taken place first: If it is not possible to serve the Statutory Demand during the visit(s), a letter should be sent to the debtor making her/him aware of the visit(s) have taken place and purpose of the visit(s). The letter should also state that another visit will be made for the same purpose and specify the date, time and place. At least two business days’ notice must be given. The letter should also state that if the time and place are inconvenient, the debtor should name a reasonable alternative. The letter can also state that if the debtor fails to keep the appointment, the demand will be posted/inserted through a letterbox and, if a bankruptcy petition is presented, the court will be requested to accept this as a service of demand. Copies of the letter should be sent to all known addresses of the debtor." If the creditor presents a bankruptcy petition to the court, an affidavit has to be sworn giving details of service of the Statutory Demand. If a demand was not served personally and no written acknowledgement of service has been received from the debtor, the creditor must set out the steps it has taken to ensure the demand has been served on the debtor. If the court is not satisfied that the creditor has carried out their obligations, it can refuse to issue a petition. You might be able to oppose the petition being made as you were never aware of the Statutury Demand, this might be a weak argument unless you can proof beyond any doubt you didn't receive it. I guess the other option is to try and argue that you were never made aware of the court judgment and possibly have grounds for a set aside? ________________________________________________________________ Hi Sequenci, Thanks for everything. None of the requirements for the Statutory Demand took place. We received no letters as described above. And as they are serving TWO of us at the same address, that's TWO SDs that were never received, and two letters/notifications! No attempt was made to send to our residence. ( thank god!). All was sent to our business POBox. There is a name on there whom he has served but it's no one we know - am trying to find out if there is anyone who ever worked there with that name. If not, it must have been someone having a cigarette by the PO Box! I am interested again in the court judgments. Surely we have grounds to have that set aside if again we received NOTHING. I know that is hard to to prove- but why would we NOT show up or respond. What possibleadvantage. This is a business dispute. I am really concerned about this. My partner called the issuing court and they have the correct address and he has asked them to look into if all was sent.( The last time this happened, forms had never been sent by the court.) This means that probably there was a payment schedule about which we knew nothing. By the way- we never even received a STATEMENT from these claimants. When we took our business elsewhere- they must have gone straight to court! Oh- one more thinh. I havent been served the BP yet- just received a letter tellingf me where & when to show up to be served( 1 March) . So if I haven't been served yet( but know what it will be because I've seen my partner's) am I in a position to act quicly re the lack of Statutory Demand? Looking forward to more advice re this. sand1

The BP is for £14,500 which apparently includes interest & costs "associated with the CCJ" but without copy of invoices & any CCJ info dont know how much has been added. What do you mean installment order on the CCJ? Is this something we would have made voluntarily had we known about this... or is it something that would have been imposed by courts.

Also to clarify- I'm not talking about walking away with a pile of cash. The previously mentioned court action where the court apologised for "grievous omissions" resulted in a charge order on our home- which we didn't hear ANYTHING about until a notice from Land Registry. This court neglected to send us a string of court procedures that obviously transpired to bring about the charge order. So between taxes & fines when acct. failed to file on time and the charge order, we will be lucky to have lunch money when home sells. We are doing a quick sale thing only a % of real value to save time. Have court date with HMRC next month even though my acct. has been explaining everything. Instead of paying a. tax b. biz creditors, I was paying credit cards that accumulated when I was laid up. WRONG, wrong wrong priorities I know now but was overwhelmed with their letters/calls/interest increases etc. Frankly it's all getting a bit much. Answering these court things, cr. cards is taking up biz time,too. sand1, a fighter at heart, is fed up

Tomterm, We will certainly owe SOME of this debt. sand1

Phone the court that made the CCJ I presume. Good idea. It is a printing debt. We dont have the particulars- because they weren't sent by the court and we never heard from the printer re this-. We have a small publishing co. and have often been royally screwed by poor printing/ not making deadlines, so I dont know yet what our issue was or if we just had payment problems. Just got this BP info this morning. Have home equity but we are in process of selling- and I'm hoping this will happen QUICKLY so no one can get it - but majority of this goes to taxes- and I REALLY dont want ALL my equity going to debt. Have loads of debts- credit card mostly & two unsecured loans - one almost paid off, other- I cant believe this but we actually bought- (are you ready?) timeshare. Have healthy business but personal debt -when we were bulding it up- catching up with us big time. The last straw was when I went down badly with injury & surgical complications last year. sand1

Apparently I'm in line for a BP. My partner just got his - it was delivered to him when he stuck his key in the mailbox. (I never pick up the mail!)And person delivering said I will get one as well and if he doesn't personally serve me, it will go in the local paper.( this is not good for my biz). Am I supposed to make an appt. to get served! It's a business dispute and the first we'd heard of it. THe BP says that he served a Statutory Demand in November but we never received it. ( Nor was it attached to the BP.) He must have served it on the person who stuffs the mailboxes(maybe) but not to us. Who ever he gave it to ( a person is named)M - is not employed by us & we've never heard of her! If they'd sent it by post we might have received them but NEITHER of us have received a Statutory Demand. (Problem is that we've had a partnership instead of a LLP so we are personally liable- could kick selves.) The hearing is 14 March. Must respond to petitioner or solicitor 7 days prior to this date. According to BP there was a County Court Judgment in Worcester County Court on 8 November 2007 - we've NEVER Heard anything of this either -before or after- - and the SD was issued on 20 November 2007. This is about the third time that we have NOT been notified about any County Court hearings. In a previous one, the Court in question after being very sarcastic about our mail service, later had to retract & admitted that the Court had made grievous errors. Surely, each of us should have received notification of the Court hearing on 8 November? Any advice appreciated! Here we go again! I sometimes wonder if I should just let them do it! sand1

Hi all helpful souls. So have received letter from court saying received my defence and being served on claimant who must inform court within 28 days of receipt if wishes to proceed or might contact me directly to resolve dispute. So- in the meantime not heard yet re my CCA from Marbles - closing in on the 12 +2 =21st - nor have I heard from HFC regarding the breakdown of their collection charges. Should I proceed to figure out excessive default charges & demand from them & request a breakdown of their interest. OR Should I sit tight & wait until I hear again. sand1

Hi Under Seige, Know the feeling! Curlyben's letter is great and will use it soon if I dont get an answer within the obligatory time from Marbles re the agreement. Am having problems with acronyms in your post: what is POC & CPR? By the way, when I queried Restons on collection charge, they said it was imposed not by them but directly by HFC. Let us know. Good luck too.

I hate to sound stupid- I give up- nwhat is a LBA? sand1

I received a County Court claim form from Restons on behalf of HFC which is in reality a Marbles credit card. It was filed mid January - 14 days after a payment was due - obviously when a cheque didn't arrive over Xmas. ( I have been paying Restons directly since July 2007.) They quote a credit card default balance and a whopping £1400 collection charge minus my payment credits of which I discover an enormous (appx.) 75% went to interest. ( And I'm not at all sure if the Collection Charge was added to the balance & my payments set against the total sum.) I sent in the acknowledgment of service & sought advice from Legal Services and eventually found this site. I have: a. requested a breakdown of the collection charges from Restons who replied it was HFC's collection charges. b. requested a breakdown of the collection charges from HFC - no answer yet. c. Requested a refund from Marbles of £345 of unfair default charges from 2003-2006. Customer Relations Mgr. refused citing that HFC does not accept the findings" of the OFT. And said that their terms were set out quite clearly in their credit agreement. SO d. A week ago, I requested of Marbles a signed copy of my original agreement. As I have not received a response to d. and my own time is running out for filing the defence, I have TODAY sent in my defence form with a letter disputing the entire claim and reserving the right to requesting more time while I receive the reply from claimant to a more specific defence once I received the agreement under the consumer Credit act of 1974. ( and much thanks to bank fodder on this.) So- any advice for the future? Should I consider pursuing c. while the court case looms? How long should I give for an answer to d. I'm being remarkably sanguine NOW! but it is for a large sum of money ( a little over 10,000 with coll. charge and solicitors costs) so will probably get apoplectic a bit later. thanks in advance! sand1

Can someone clarify what a S.A. R is & when in any process it should be used? Or steer me to the relevant thread. And can someone tell me me why we should NOT sign the request for CCA? And did I goof by sending a cheque for ONE POUND rather than a money order.