Send to the Claimant a very strong letter informing them that they have failed to comply and you have defended the claim in full. Inform them that they have issued a claim on an account that the original creditor has already acknowledged is unenforceable and that they should not have instigated legal proceedings. Give them a full breakdown of your costs so far, as a litigant in person you can charge them by the hour, its just gone up I think its £19p/hr.

No once the 7 days is up, submit your defence along with a copy of your CPR request and proof of service.

It is really important that you submit your defence ,make sure it is all on record even if they say they will not take any further action. The court system is so disfunctional, they may attempt to gain judgment by default. If the case proceeds it will be transferred to your local court, and you will recieve an allocation questionairre. if it makes it to this stage ensure you attach a "Draft order Directions". This will be a copy of your CPR request but this time the judge will order them to comply.

Hi, looks as though you have made your point, but they have only stayed the claim and it can stay this way until they decide to have another go. I would suggest a letter demanding they discountinue the claim, that M&S have already admitted that no agreement exists or has ever existed for the credit card they are referring to, and the claim is unenforceable. Don't assume that they will play fair. If they have failed to respond to a CPR request, inform the courts and request thet the claim be struck out. After they discontinued the claim against me, it was passed back to Santander, they still tried it on but I replied to every letter, they even passed it on to another DCA, they quickley backed off when they were told HC had discontinued a claim. I recieve a yearly statement, but they have ceased all attempts to force me to pay. You are empowered with knowledge. If you ever speak with someone on the phone who 'misinterprets' consumer law, simply advise them that they need retraining. I guarantee you the converstaion will end abruptly. Debbie x

You can use the court process to demand they prove that you owe the money. There are 2 ways, a CPR request at the initial stage. CPR 31.14 for documents to prove the case is enforceable, including a copy of the guarantee you signed along with all documents they will rely upon. CPR Part 18 specific answers. If the claim has reached the Allocation Questionairre stage, attach a Draft Order Directions. Remember that they as the claimant must prove you owe the money, they must provide proof that you are liable, that they followed the correct procedures when repossessing the car, the default notices were issued and the sum being claimed is accurate.

Hi, This case has already been dealt with through the courts, although it was not in a high court it still allows for a president and can be referred to in any future cases. I have spoken directly with the OFT and they recognise that "Upgraded" storecards are not enforceable in court. http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/16.4.12_santandermayhewjudgement.pdf http://www.oft.gov.uk/news-and-updates/press/2004/09-04 http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!! http://www.bbc.co.uk/news/business-17670803 The reason it cannot be enforced is that the Terms and conditions of a storecard and a credit card differ in so many ways, where & how you use the card and also the interest rate. These changes rendered the account unenforceable as the lender could not rely upon the original terms and conditions of the storecard agreement should the consumer default. At this stage, I defended a cliam made by Howard Cohen in 2009, the best form of defence is attack. Make the Claimant fully ware of your intentions to defend & why, give them the opportunity to discontinue...if not they will be liable for all your costs. http://www.consumeractiongroup.co.uk/forum/showthread.php?228768-Howard-Cohen-GE-Money-discontinue-claim Debbie

Hi, I spoke directly with the company in Eastbourne after I had my call from these numpties, they are not the same company. The guys phoning are not UK based. Unless you have some specific facts from the Eastbourne company doing the same thing....be careful what you say. This can cause harm to CAG. Debbie

Does the card reference number on the the storecard tally with the card reference number on the demand letters. Debs

You can have a current account, but it is illegal to give under 18's credit. The SAR will reveal if the current account was closed. If they have Transitioned your accounts than you have been the victim of an illegal business practice implemented by the RBS to hide overdraft debts and make themselves appear more profitable with artificial Loan accounts.

Roderick MacNeil has responsibility for customer relations throughout the RBS Group. Tel : 0131 626 4171 email ; roderick@rbs.co.uk Group Executive Office Business House F Gogarburn Edinburgh EH12 1HQ

I had a current account with the RBS, when the account went overdrawn and in default it was passed to the recovery department. The RBS implemented a business practice in the 1990's which enabled them to hide bad debts on current accounts and turn them into loan accounts that could be decared as profit. This enabled them to artificially inflate there balance sheet. This is known as the 'Transitioning Process'. The current account is closed and a Flexible Term Loan Capital & Interest account is set up interernally by the recovery department. The new account has a different sort code and account number. Write an Official Letter of Complaint requesting the bank explain why Arrow is demanding payment of monies owed on a Loan account when you never actually had a Loan account with them. Copy your letter to Richard Hemsley Group Executive Office Gogarburn Edinburgh EH12 1HQ. Your SAR should have gone to the Subject Access Request Team Business House B PO Box 1000 Edinburgh EH12 1HQ 0131 6260396 this is the number for Dawn Atkinson, she is an assistant manager at the SAR team. 0131 6264171 this is Roderick MacNeil, he has responsibility for customer relations throughout the RBS or you can email him roderick@rbs.co.uk Customer Management Services would have dealt with any account that went into default. Copy them on your SAR (you don't pay the fee again), but also include your original current account reference number and the Loan account referred to by Arrow. Also specifically request a copy of you Diary Event History, this is an internal log of all actions on your account, dated and notes. Address it to The Recovery Manager Credit Management Services Kendal Court Ironmasters Way Telford TF3 4DT Tel : 01952 206223. Debbie x

Hi, the form layout was an A4, 3 page fold out, the front page reads Account Card Application Form Yours is missing the front page. The T&C's should be on the same sheet as your signature, mine is. These T&C's do not appear to be part of the application form. Write back and request to view the original application form which they will rely upon to enforce any further demands. Inform them that you do not accept this document as the original. Debbie

Also, you say the judge ordered £1 per week, if that is what he has stipulated, do it. Don't do £4 a month. As a business this will be a nightmare, there bank may even charge them an admin fee for each deposit. Just make sure you keep track of every payment.

Thats excellent, cheeky buggers, consumer law prohibits the application of post judgment interest to overdrafts. They are pretty much screxed, it will cost them more than £4 per month to manage the account. Don't you feel for them. If I were you, pay as per the order for 6 months, than make an offer to settle....lets look at this, they can never apply for a sale order...they will only get £48 a year, that will take 75 years to pay off the £3600 you owed....:whoo:realisically offer them 5 years worth of payments, £240 as a full and final payment that the account be closed and the CCJ marked as satisfied. If they agree the charge will be removed. Debbie xxx

http://www.oft.gov.uk/news-and-updates/press/2004/09-04 I can't remember exactly, I think 2003. But they got a severe slap from the OFT in 2004.

This is absolutely disgusting. Unfortunately unsuspecting people like you fall for this and thats why this guy is in a job. How such a peice of lowlife can sleep at night. From now on everything in writing, no more phone calls. Go on the attack rather than the defence. Exactly what has your solicitor done and how much has this cost you.

hi, the microfiche copy I have of my Debenhams application from 1992 is not brilliant, but it will give you an idea of the layout. It was a fold out form, the main page refers to the CCA 1974 and is a fill in form with your details and the account number. The other side, which appears to be split in 3 sections, the 1st section is split into 5 boxes, the top ,refers to Details of the account the interst rate and APR. The next box, customer declaration and consent, the 3rd Data Protection, then the box you signed, bottom box signed by the shop assistant. Middle section, is about Default and what will happen. This section also includes "Alterations To Agreement"...... The OFT ruled in 2004 that this clause was illegal, that they had no right to alter or amend an agreement without the customers consent. The Final section, is the front page of the Account Card Application Form. As it turned out, the poor quality of the application did not matter as this was a storecard converted to a credit card, and the storecard application could not be used to defend the "upgraded" credit card. Having problems with my scanner at home so will PM it to you from work tomorrow and send it across. Debbie

This could be construed as an unfair and extortionate credit bargain. Have you sent of a CCA agreement ? Have they been sending statements showing how interest is being applied ? Have to say from my own experience and many others the court staff are absolute idiots. They continuosly give inaccurate advice . I don't understand, how can a claim be issued without a figure, how on earth can you mediate and reach a resolution if you don't actually know what the amount is...?????

Howard Cohen/GE Money discontinue claim Here is my thread. Debbie

Hi, The CPR request must refer directly to the POC on the claim form. For instance, you must specifiaclly refer to the agreement referred to under that agreement, and any specific clauses they mention that agreement must have,including the account reference number on the claim. When the accounts were converted, the new credit account reference numbers are different to the original storecards. When CPR'ing you must specifically refer to and request the agreement for the credit card. They cannot comply and the claim is unenforceable. The Storecard agreement, which has a different account number and the Terms and conditions differ in so many ways, the interest rate is different and the way the card is used cannot be used to enforce judgment. You should attach with your CPR a letter outlining your intention to defend should they proceed with this claim. Suggest they discontinue this claim.The best form of defence is attack, give them a breakdown of your costs, as a litigant in person what you will be cliaming against them should they be unsuccessful in gaining judgment. Offer them a resolution, they Discontinue and you will not apply for a wasted costs order. Worked for me. Debbie

Which Storecard do you have ? Have you got a copy of your Storecard agreement, does it include such a clause which specifically includes a Doorstep collection?

Peresonally I would write a very very strong letter back straightaway demanding they provide proof within 7 days that they are legally entitled to harrass you and threaten you with demands for money. Theyt should have had on file proof that a CCJ existed before writing to you. The best form of action is attack. Report them to trading standards.

Hi, Although CCJ's do not become statute barred, they will disappear off your credit file after 6 years. Also, they must enforce the CCJ within the 6 year period if you have not made any payments, to further enforce they would have to apply to the courts for permission to do so. Have you made any payments since the CCJ was issued ? How old is the judgment order ? Does the Claimant have your address, have they made any demands ? At the moment if you have no assets,are not paying anything, their is nothing to stop you making a full and final offer to the claimant, start with 10%.....and see what happens. If they accept, the CCJ is marked as settled. If this money is in you sisters name, start low and negotiate up. You need to look at your strengths/weaknesses as a debtor....no savings, no home...no assets....use these to your advantage. Debbie xx

While you may think you are acting reasonably by only issuing a demand for 50% of the money borrowed, tread carefully, the agreement does not state that this person is liable for half of the whole amount borrowed, she may use this as a defence. The agreement is a joint and several debt, both parties who borrowed are equally liable for all monies outstanding. The claim you should be issuing against her is the full amount less what he has paid. It is entirely up to you which person you decide to pursue through the courts. Lenders do this all the time, they will decide to pursue the person who has the assets. If she has the means and the assets, go for the £6k, less his payments. Debbie xx

If they have not defaulted on the payments, then what is the cause of action. Have they gained judgment before applying for the possessioin order. I think the best way to approach this is by attacking this bank, making an Official complaint and putting in writing all the points, a time line of dates and payments. thay will then have to respond. Refer to the Banking Code of Business Practices and that they must treat you failrly. Request that all action be put on ho;ld while this compalint is fully investigated. But in the meantime do some research, what are your rights....don't expect the complaint to be upheld in your favour....but use the time to strengthen your case. Debbiew