we have the IVA completion certificate, IVA reference number, we have the schedule of creditors included in the IVA, the details of the court the IVA was lodged, we are trying to track down details of the court judgements which I believe may have been Telford, any thoughts as to what else may be required please?

yes there was a creditors meeting and it was agreed & ratified, Lombard Direct were contacted but did not respond.

The debt was solely in my partners name, although one of the conditions of the IVA was that all debts her, his and joint should be considered as joint debts for the purposes of the IVA (there was a joint and several clause I believe) The charging order that has been issued is against her but it is a joint property that they both currently own, her ex is looking to take over the property which is how knowledge of the charge has come about.

Looking for advice regarding a really old CCJ, Interim and Final Charging Order placed during an IVA. My partner and her ex both entered into a joint IVA I believe in 2007, one of the creditors was Lombard Direct (part of RBS I believe) was included in the IVA. Lombard Direct did not respond to any requests to company managing the IVA at any time during the process, so did not receive any dividends whatsoever, but the debt was listed. My partner was informed not to engage with any of the creditors involved in the IVA at anytime. The IVA was completed successfully and completion certificates issued in 2011. So we now discover that a charging order has been placed on her property by Lombard direct at a date after the commencement of the IVA, this is something that she had no idea about until now as it is only now that she is looking to sever financial ties with her ex. and is wanting to sell the property or transfer equity, this charge has been flagged as an issue with the new mortgage provider. Upon further investigation it would appear that the IVA commenced in Feb\March 2007, the CCJ was obtained in May 2007 the interim CO in May 2007 and the final CO in Sept 2007. My partner is adamant that no paperwork was received, she may have been abroad at this time working or living at an alternative address. My partner has tried to contact the company that managed the IVA which unfortunately has been taken over, or bought out a number of times over the years and has had little success in getting any advice or information as to what to do. Equally the insolvency service have been unable to provide much information due to the age of the IVA. So we are appealing for help or advice on how to take this forward, given that there was no knowledge of any proposed legal action it was not possible to make any response to the action taken over the debt. The debt was covered by the IVA so any action should not have been valid. Would it be possible to make an application to get the charging order set aside? Sorry for the long post but we would really appreciate any help or advice on this matter. Thanks

Bump...any ideas please.

A quick summary of my journey to date: Disputed Barclaycard A/c assigned to CL Fin Claim issued by Cohens Sept 09 Acknowledged Defend in Full, Embarressed Defence submitted as no info supplied. AQ completed Nov 2009 Dec 09 order that claiment must submit AQ by xx Dec 09 or claim struck out AQ submitted by claiment submitted (late) Dec 2009 order that claiment must disclose docs within 28 Days (No response) May 2010 order that claiment must submit docs by xx june 2010 or claim struck out. 1st July Claim finally struck out. So I guess my question is that at last the claim has been struck out can i go after them for time and expenses incurred if so how do I go about it please? Also if the claim has been struck out can i get the default removed from my credit file? Many thanks in advance for the advice. RN

Hi I'm wondering if anyone has any advice or can point me to any information please. I have an account that has been passed to a DCA, and have just recieved a response to my CCA request which I believe has been faked by them. The OC provided me with a copy of the application which contains none of the prescribed terms. However the copy recieved from the DCA has the presctibed terms on the back of the document and they only occupy the top third of the document. I believe they have been trying to get clever with a photcopier/photoshop etc as the quality of the terms included vary massively from the original agreemet on the front document. So my questions is how do I challenge this? Do I wait for them to take me to court and demand that the original is produced or can I ask to see it now, can I have this investigated by anyone? Has anyone experienced the same? what was the outcome? Thanks for any responses. RN

oops not sure what happened there, hopefully this link should work http://i299.photobucket.com/albums/mm291/royalnelly/MBNAapplicationForm.jpg I have had a letter of introduction from Link and a follow up letter asking why i have'nt been in touch, I had loads of calls from MBNA until I changed my numbers. I will send CCA and request for deed of assignment. BTW should I have had an assignment notice from MBNA? Thanks RN

Its been awhile now and after lots of letters and calls it seems that MBNA have sold off one of the accounts to Link Financial. The one in which they have sent me a faxed copy of the original application form. Image hosting, free photo sharing & video sharing at Photobucket I have still not recieved anything that resembles an enforcable agreement. Can anyone advise as to my next move e.g. suggest a suitable response or letter to send to Link or should i just send them a new CCA request? Many thanks RN

Not posted for awhile so a quick update and request for advice. HFC have still not responded to CCA and S.A.R - (Subject Access Request), but have passed the account on to Debt Litigation and Recovery Services (who I assume are part of HFC). They have written a couple of times and have been told that the accout is in dispute until such time as the CCA request is complied with. Subsquently they have written saying that HFC Bank archive Department have been unable to locate a copy of the agreement and to contact the Beneficial Finance Branch where I took out this account, as they may be able to provide a copy. (Hah as if i'm going to do that). Following on from this letter I have recieved a letter from HFC saying that they can not provide a copy of the agreement, but have enclosed a completely blank pro-forma agreement. This looks like it dates from 03/01 (not even close date wise) and has terms and conditions on one side, and a list of penalty charges and a cancellations form on the other. They are stating that this is sufficient under regulation 3 of the Consumer Credit (cancellation Notices and Copies of Documents) Regs 1983. Surely it is unacceptable to send any old bit of stationery that could relate to anyone or anything and say that it fulfills their obligations. Any advice as to how to respond and proceed with this please. Thanks

Data Protection Act - Non-Compliance - Template Letters Data Protection Act Non-Compliance - Particulars of claim

Rec'd This: "Final Response I understand that you are unhappy that you have recieved a letter from Mercers informing you of our right to arrange a doorstop call. You state under English Common Law we are unable to visit your property without your expressed paermission. I would like to take this opportunity to inform you that we diagree with your legal analysis. It is our legal right to arrange this if we have exhausted all attempts to request repayment of your account." They then go on to say they have nothing further to add on this matter or the matter of the account being in dispute and I should contact the FO. Any thoughts on my next step with this? RN

Grrr Letter back from HFC re my SAR "We would be grateful if you could compete the attached form and forward it to the address indicated. We will require a copy of your driving licencse or valid passport. We will action your request upon receipt of the completed form" They have once again returned my £10 PO. Anyoone got a suitable letter reminding them that the clock is ticking and they have been happy so far to send my info without my D.L. or Passport. Thanks RN

Thanks Paul will get that sent off. RN

A quick update: Still no CCA 12+2+30 expires 17th May so they will get a note putting the account in dispute. In response to my SAR i have recieved 6 years worth of statements and my £10 back, so I have sent them a letter giving them a further 10 days to comply (as a gesture of goodwill) and sent them back the £10. Have just taken a call from a collection agency asking for payment, they allege that HFC have sent a number of letters that I have not recieved, I pointed out that they may have siad that they sent them but perhaps they did'nt, nearly wet myself when he responded that they would'nt as they are a proffessional organisation!! Anway I declined the offer to pay them as the account is in dispute, they have suggested that they will be starting legal action. I do hope so! Any thing else I should be doing at this point (claim for charges?) or wait and see what their next move is. Thanks RN

Thank you for the quick response, they completely ignore ALL correspondance! I think you are right I will contact the FOS. Thanks again. RN

Update LloydsTSB are really something. I have had a response to my SAR and the staements recieved show that there are a couple of hundred odd pounds in charges that need to be factored into the equation. My situation is this, at the start of the process (Jan 08) I wrote to LTSB re financial difficulties offering pro rata payments, which I have been making monthly. I have constantly been writing to them asking them to respond to my offer & stop interest charges etc, and had no response whatsover (I have delivery reciept signatures), my last letter asked for a copy of thier complaints procedure as I need to get this sorted. In response I have re'cd a letter from S,C & M saying that I have made no contact, no attempt to pay the debt and that they are considering Legal action. So I need to know how best to respond next, and how I can get them to respond to my correspondance, any advice please. RN

I have just recieved a reply from Tesco in respect of my CCA request. They have sent the following; A letter stating that a copy agreement surfices (see below) A 2 page constructed agreement which contains all the prescribed terms as current T&Cs not original, the copy contains no signatures (just printed Name and address) (see below) Two Terms & Conditions leaflets (1999 & Current) (these are generic and contain no reference to the account). So I'm of the opinion that they have not complied with my request for a copy of the executed agreement, and what they have supplied, is unenforceable. Does anyone have any thoughts & comments please.

Has there been any progress on this?

Hi All can i ask for some info & advice re: my position with HFC. I wrote to let them know I was having finacial difficulties, and make a pro-rata offer, HFC begrudgingly agreed but started being difficult & phoning constantly. After one particulary obnoxious call I decided to CCA & SAR them. Next I recieved a letter from HFC saying that although I had an agreement in place it was not enough for them and they were going to default the account. Rec'd Default notice in post (delivered 10 whole days after the date on the notice) On day 12, I recieved a reply to the CCA reuest by Special Delivery! this contained my last 6 statements, a without prejudice letter detailng when my account was opened, the original credit limit etc etc. The letter goes on to say that they ca'nt locate a copy of the agreement at his time and that they will forward it on. So clearly the account is now in dispute and they will get a letter to that effect after the further 30 days has expired. I would really appreciate some thoughts on what to do about the default notice, I believe the ammounts to be wrong (due to many charges), my name is spelt incorectly and i'm not overly convinced its in the prescribed format. What do you reckon the best course to follow now? your thoughts and advice as always are appreciated. RN

A quick update, I have sent a slightly ammended copy of the above letter to B/C & Mercers, this was signed for yesterday (14/4). Recieved a letter from Mercers today (dated 11/4) saying that they are insructig a local debt collector to visit. So have sent the letter back stating no wish to make an appointment with them and that is only an implied license under english law etc etc. So lets see what the next installment will be...any guesses? Thanks RN

Thanks Slick There is a balance of about 1.9k o/s, total charges on the statement come to about 0.8k so i worked out that if i claimed for charges and compound interest on the charges it would leave a balance remaining of about 0.6k. I guess the biggest concern that I have is that I would like to avoid the default if possible. Giving Barclaycard some grief back would also be a bit of an added bonus!! RN

Have now had what Barclaycard consider an appropriate response to my SAR request. I have also recieved the following Default Notice from Mercers. I would apprecaite some advice/info as what should be my next response, Is the Default notice valid and correctly formed, can they default the account if thay have not sent a valid agreement, the 12+2+1 month will be up on the 2hnd May. Should I wait until then before responding or is there a letter that should be sent to B/C and or Mercers now, if so can someone please point me in the direction of a template I can use to base my response. Once again many thanks for your help. RN

Hi All Whilst I am awaiting a response to my S.A.R. Lloyds have kindly sent me the following default notice. I am not sure how to respond or proceed with this, given that the balance will include some penalty charges, does this mean that I can contest the validity and accuracy of the default. Any ideas as to what I should be doing next? Thanks RN

Ben, Thanks for the update, I will await their response to my SAR. I have one other small question and that is on the terms page The document also states the following "These are some of the legal conditions for our cards. The full terms and conditions are set out in the section Lloyds TSB Asset Gold and Platinum credit card terms and conditions" which do'nt seem to appear on the document and have not been supplied seperately, addittionally the terms are numbered 3 and 4 only. Should the document not contain terms 1 & 2 or am I clutching at straws? Sorry for the extra questions and once again many thanks for the help so far. RN