This is absolute crap.....it has already been ruled through the courts that they cannot make a seiozure of goods by simply.....looking through the window.....for this to be a legal seizure they have to gain entry to the property, make a list of goods to the value owed......this is a Walk in Possession...then you agree that this has happened...and sign the Walk in possession order. Until you pay they have legal ownership of those goods. Report the Marstons bailiff to the courts, make an official complaint about this ******. make it to the high court that he is registered at.

Marstons are a bunch of crooks aswell. They cannot enter your property and seize goods without your permission......They do not have permission to enter your property. The CCJ does not allow that. Go to the courts and apply to have the CCJ set a side. Simply provide proof that the paperwork was served to the wrong address, any current utility or council tax bill proving you were at your current address will do. Then when they issue the claim to your current address, you can challenge the charges they have added and issue a countercalim for the costs that you incurred when they tried to take payment without authorisation. Debbie xx

If you are unsure about the CCA and Unfairness, perhaps you should instead refer to the Banking Code of Business Practices, this came into place and can be used to sue lenders who fail to communicate in a fair and honest manner. Debbie

Thre Charge remains with the Land registry until it is marked as settled. So to your question ...YES. The question is, if the debt is secured why has it been sold. Is the DCA aware of tthe ccj/charging order ? For the DCA to further enforce the CO they need to apply to the courts to be substituted as the claimant....have they done this ? They will also need a copy of the court documents. You need to SAR the Original claimant and establish the current status of the debt. If you can discover why it has been sold..this may put you in a position of power to negotiate a settlement. Debs xx

Hi, Its very straight forward, you need to download an N244. Apply to have the CCJ set a side on the grounds that the judgment was (deliberately ) issued to the wrong address and you were denied the opportunity to defend the claim. Attach proof of your current address, council tax or utility bill. You will have to pay a fee for this, send these scumbags a letter, point out that they have clearly issued proceedings to an incorrect address to gain judgment by default. Inclose a copy of your payment for the N244 and demand they pay your costs. The only language that these people understand is forceful and aggressive. Report them to Trading standards. Debbie xx

Well done. :whoo:

Can't find the letter you want-Look here Here is the link to the letter templates. How you respond to this standard threatogram depends entirely on how you have dealt with this previously. Have you CCA'd RW ? Is the account in dispute ? You will need to give a bit more info. Debbie xx

Hi, Has this new company applied to the court to have themselves substituted as the claimant ? They would need to do this before they can further enforce the CCJ. Even on judgment debts, the lender must provide statements annually. CCA 2006 ammendments. If you do not own your own home, they cannot further enforce with a charging order. As for Bailiffs, they can only enter your home with your permission. If I were you, don't ignore them, but on the other hand don't allow them to intimidate you. Get them to provide you with a copy of the judgment order and proof that they legally own this 'Alleged' debt, if they don't have it they can do nothing. See what they have first. Debbie

Have they passed it to Tenon for collection, or has it actually been sold ? Since the accounts went into default have you been recieving statements for each of the accounts? They are threatening a charging order, have they got judgment against you monies owing on the account ? The Charging order will only appear as a restriction on your portion of the property, they cannot force your wife out of her home for your debt. This is a serious threatogram and I strongly suggest you do some research on what they can and can't do, send a letter pointing this out and threaten to report them to trading standards. Debbie

Hi, You can submit what is called an 'Embarrassed Defence', you neither admit nor deny the claim. You attach a copy of your CPR request and inform trhe courts that the claimant has failed to respond. http://www.consumeractiongroup.co.uk/forum/showthread.php?204093-Template-needed-for-Embarassed-Defence-Please! Yes there is a time limit, if you don't get in intime they will get judgment by default. Once you file your defence, if they decide to pursue it will automatically be transferred to your local court, you will recieve an allocation questionairre, it is important that with this you submit a Draft Order Directions, this is infact your CPR request, the judge will give them 21 days to supply the agreement referred to in the POC, and any other Doc's, if they fail he will strike out the claim. You could also send mkdp a harsh letter pointing out their failure to respond, give them the opportunity to discontinue, if they pursue you further and fail to subsantiate the claim you will apply against them for costs. Debbie.

Hi I have PM'd you. Debbie xxx

Hi Have they been sending statements ? If not take a look at the CCA 2006 Ammendments in relation to statements for debt accounts. Do not agree to any repayment structure until you are fully aware of what you are agreeing to. If they are applying interest, your £50 p/m wiill not even cover the interest payments......it won't be 14 years....it will be forever......what will happen is, you agree £50 it is an informal arrangement, they will keep asking fo a little bit more, an extra £5 , than £10.....you will see no end to this.

You are under no legal obligation to provide personal financial information. Only a court can order you to do that. As for the Loan, this is a Joint and Several Debt, both parties are equally liable for the full amount oustanding, the lender will go after the person who has assetts and is most likely to pay. To begin with no harm in sending a CCA request. Also have you recieved a Notice of Assignment. Your best cause of action is to trawl the forum and find similar cases, know your rights as a consumer and understand your rights as a consumer, this will put you in a stronger position to deal with and negotiate any settlement. Is their anyway you can track down the other guarantor. Does he have any assetts ? Debbie

I would strongly suggest that you do not wait until they issue court papers instead send them a letter informing them that you requested a Copy of the agreement that they will rely upon to enforce this claim, and this has not been complied with. If they do instigate legal proceedings you will apply for costs against them. Use one of the letters from the Template library and just amend to suit. Debbie

You recieved this statement because of the CCA 2006 ammenments. http://www.legislation.gov.uk/ukpga/2006/14/pdfs/ukpgaen_20060014_en.pdf

If barclaycard had it they would have sent it. What will probably happen is Lowell will realise the account is unenforceable and sell it on to someone else. Debbie

Hi Andy We stopped making payments in 2007, as soon as we did they went for the CO in March 2008. Late 2008 got letter from Solicitor demanding we make payments or their client the RBS or would go for a Sale Order. Sent quite abrupt response pointing out serious irregularities that had been exposed in data held by them and their client. They have not requested any money since then and we have not paid any. Andy I will PM you tomorrow. debbie

Hi In 1999 the RBS got a CCJ for £59k. I never denied having a debt but I challenged the amount of debt being levied against me. They withheld statements and their solicitor refused to discuss any form of settlement prior to the CCJ. Unaware of my rights and their bullying tactics they got judgment. In 2008 they applied for and got a CO for £38k.( It is a joint & several debt so hubby got one to). I found CAG in 2008 and SAR'd them. For the first time since 1995 I had statements which revealed huge discrepencies in the way our accounts had been managed both pre and post judgment. We challenged the bank, the FOS took it on because of the seriousness of our complaint....after 1 year....we cannot make a decision because these accounts have been litigated on...they knew that from the outset:-x.You need to take this back to court. The FOS is a waste of time. Had to put everything on hold in 2009 because hubby was diagnosed with cancer. Got through it ....all ok. Anyway, in Ferbruary I phoned CMDS who are supposed to managing these accounts. They couldn't find either myself or hubby on their system. Sent SAR's on 21 Feb. All I got was a data sheet with my name, address and DOB. Spoke with them directly. We do not exist, they hold no data on either of us.To date, despite sending a 7 day LBA they have been unable to comply with our request for data. Phoned CMS again. The accounts have been closed. They have no record of us, the CCJ or the charging order. We have been deleted from the RBS system. Has anyone come across this before ? The Charging order exists to secure the debt, but according to CMS the debt nolonger exists. The accounts referred to in the POC have been closed. Any suggestions would be really appreciated. Debbie xx

Then it has not been upgraded to a credit card. You need to get hold of the statements for this card, they have to provide them to support the the amount being claimed, this will reveal to what address the statements were being sent and how payments were being made. The statements will show exactly which Debenhams store the card was being used. Also GE would have had to issue a default notice before selling the account to CL. You want a copy of this, and to what address it was sent. Also, for CL to legally own the account you should have recieved a Notice of Assignment. Again you want a copy of this and proof of service. If the address on these are different to your address, it will strengthen your case. A CPR 31.14 should be used to get these. They will have 7 days to comply. Debbie

hi 42man, part of the problem sabr44 is having is that someone they shared a house with back in 1995 opened the account using his wifes name. The signature on the application is not hers, but the person had her address & DOB. The first she knew of it was when CL contacted her in 2007, confused and bullied she made payments of £1. The initial hearing before the judge did not go well, the courts seem to feel that because she made payments she has in effect accepted responsibility. The case has been adjourned for now. CL have so far only provided the Storecard application and statements for the period that she was paying. Debbie x

Take a look at the storecard application, at the top is the card reference number, if the card reference number on the claim is different to this one, than at some time the card was upgraded. Also check that the interest rate on the application is the same as the one quoted on the POC. And finally, are HC referring in the POC to any specific clause. If so, check that this tallies with the application you have. The Terms and Conditions, and interest rate of a storecard and credit card are different. Debbie

if you have sent the letter, its in their court. do nothing. debbie x

If you have not actually recieved any court docs yet, you could pay the 3 months arrears. That way if they have actually started proceedings, the amount being claimed will be wrong . I would still recommend doing the CCA request.

So you haven't actually recieved a claim form yet. Send CL a CCA request tomorrow. Debbie x

Hi, Was the store card upgraded to a credit card ?