I have to say that this has become common practice among many builders merchants, employees and directors are signing credit agreements which include a clause which makes them personally liable if the company fails to pay. This looks to me as if they have you. You have signed a personal guarantee on behalf of all the directors.Your only chance is in the wording "we the undersigned being owner/director/directors " if you can provide proof that you resigned as a director before this debt occurred you may be able to challenge this. Prove that you longer worked at the company when this problem arose, otherwise your only option is to personally go after the other directors as it clearly states, you are all joint and severally liable. Any claim will be issued against all of the directors, perhaps the threat of this will make them pay up. Good Luck Debbie

From my own experience of the FOS, sadly I have to totally and utterly agree. An institution run by ex bankers and directly funded by the banks they are investigating. Make the complaint, but under no circumstances expect your complaint to be upheld regardless of hoe strong your complaint. Debbie xx

You have done brilliantly. I wouldn't bother with another CCA, I also think the 'This account is in dispute' letter is good enough. perhaps print off a few copies ready for the next moron DCA. Debbie x

If the storecard was opened in 1995, CL must have been assigned the account in 2006. Thats a period of 11 years that this card was being used. For the credit balance to increase to £9k, whoever was using this card was also making the payments. You need to request the statements for this period. To what address they were being sent and who was making these payments. Do you know if the storecard was upgraded to a credit card ? This is important. Debbie

I have to agree. The FOS is run by ex bankers, funded by the banks......they may uphold the odd complaint, but from my own experience they are a waste of time. Consumers need an independant complaints procedure. But good luck anyway. But I would strongly suggest that while you have the momentum, even though its with the FOS keep writing to the bank, asking for data, asking questions, just let them know your not giving up. Debbie

But CL are not out of pocket if payments were being made and if they gain judgment on the debt. But I do agree, you should have sent a copy of the passport, what you do is draw a line through the signature, this would prevent them scanning and reusing it. But as you already had the storecard agreement with a signature on it, they could not have recreated another agreement with her signature. The application also has to have other personal details, date of birth and address at the time. Were these correct. Debbie

If the agreement exists between the Ltd Co and Supplier, and you signed as a director, unless it actually states that the person signing the agreement becomes personally liable for the LTD companies account if they default, than they cannot enforce a judgment against you. Any claim issued would have to be against the company, if they nolonger exist.....they can whistle in the wind. I think they are trying it on. Have they actually instigated legal proceedings? debbie

For a start I think the police were wrong not to give you a crime number, your wifes identity has been stolen and she has been forced to pay for a storecard she did not apply for. I think a revisit to the police with a copy of the claim form and demand a crime reference number. Did you send HC a CPR 31.14 request. If you have not done a CPR request, than you could do this tomorrow and submit an Embarrassed/Holding defence based on what you have already stated, but attach a copy of the CPR and your intention to submit a full and particularised defence once the claimant has complied with your CPR request. They have 7 days to comply. Another part of your request could be to find out if this Storecard had been upgraded to a credit card. Debbie

GE Money did exactly the same as M&S, they too were converting Storecards into Credit cards without getting the consumer to sign a new agreement. GE also got a slap on the wrist by the OFT. http://www.oft.gov.uk/news-and-updates/press/2004/09-04 A converted storecard is not enforceable in court, the T&C's of a credit card are different to a storecard. Debbie x

Hi I think its time to get tough with them. How on earth are they ever going to locate the agreement when they don't even know who the OC was. Its a joke. When Howard Cohen instigated a claim against me & I knew they couldn't provide the documents to enforce it,they still threatened me....so I sent a letter back, making it perfectly clear that they had issued the claim without having the docs, had abused the court process and unless they discontinued the claim I would be hitting them with a costs order. It worked, they discontinued. Sometimes the only language these people understand is the aggressive tone they use themselves. Debbie x

Hi, I wouldn't mention The Student Loans Company by name, instead just refer to them as the Original Creditor. Only because I have heard somewhere, not sure where but student loans are different to normal loans when it comes to repayment and enforcement. Debbie

I am not sure how it works, ring your local court and ask to speak to the court manager, don't bother with one of the clerks. Explain that you do not accept the decision, your application has merit and you have the right to have your case considered. Under no circumstances take no for an answer. They will probably say they cannot overule the decision, but stay strong. Debbie

Please don't lose faith, your absolutely correct the court judges and clerks are all geared up in favour of the claimant and blatantly ignore court procedures and the rights of the consumer. You have every right to challenge the decision of the judge. We did this when a claim was issued against my husband, 3 judges all making different decisions, we just kept writing back pointing out that the he did not owe this money, the claimant, a mad bonkers woman was allowed to totally abuse the court system....it was a complete farce. We even made an official complaint to the courts. It took 6 months, eventually he was removed as the Defendand and the claim discontinued. So please please don't give up, and don't assume that the judge who looked at this case has a clue what they are doing. Now, have they threatened to further enforce the CCJ with a charging order. If they have, their is another way to challenge the CCJ. The case law for this is Southern district finance vs Turner. She had had a CCJ from 1993, when she later applied for a set a side on the grounds that the agreement was unenforceable, the first judge dismissed her claim because of the amount of time that had lapsed. She appealed. The appeal judge said the 1st judge was wrong, if her case had merit CPR 3.9 and 3.10 allow the courts to 'overlook' errors of procedure as long as there is a good explanation for the error and there is merit in the underlying argument asked to be heard. Here is the extract of his summing up In effect, you can challenge the enforceability of the original CCJ if you are at risk of losing possession of your home. The full extract is here. http://www.consumeractiongroup.co.uk/forum/showthread.php?202167-Help-with-N244-form-please. Debbie xxx

Don't be surprised that now they know they can't enforce it, they will sell it on to another DCA. Our Barclaycard account has been passed to about 6 different DCA's. Debbie

I think your problem here, is not that it is not your debt, but that you received the court papers and the claim form but failed to defend it. Your application to set a side should have also included an explanation why you failed to defend the claim. Debbie

Okay, Because of the age of the CCJ and the fact that you never acknowlged the claim, and they never made any attempts to further enforce the claim. And as the courts nolonger hold any records you may want to consider making the application anywhere. State that you have only recently discovered the CCJ. You had no knowledge of a debt with Capquest. As they are seeking to further enforce this claim with a bailiff, you have the right to challenge the original claim. State that if the original claim was enforceable the claimant will have no problems providing proof to substantiate the debt. Also, as for the bailiff, you are under no legal obligation to allow a bailiff to enter your property. If you have a car, don't park it on your driveway. If they knock on the door, they can only enter if you invite them in. Debbie

Hi, if you can provide documented evidence showing you were living at a different address to the one on the claim, a council tax letter, a utility bill, than the answer is yes, you can apply to have the CCJ set a side. You will file an N244, the Claim was issued to an incorrect address and you were denied the opportunity to acknowledge and defend the Claim. You will have to pay a fee, if you are on benefits this fee is waived. If you pay, keep a receipt, and when the CCJ is set a side, file a claim against Capquest for all costs incurred. Debbie

Email her your signed letter, she prints it off and sends it recorded for you, she can enclose either a cheque signed by her or a postal order. Debbie x

You can request a copy of the Notice of Assignment along with proof of service, also ask for a copy of the Deed of Assignment, proof that they have bought the debt. Send a letter to MH, send it recorded. Without this proof they have no legal entitlement to chase you for the alleged debt. Use the template library, you could begin with the prove it letter and amend slightly to suit.

I think some of these court clerks are paid commission from these DCA's. Yes, they should not give legal advise, but if it is proven that the claim has been issued to the wrong address, they should be advising an application to set a side immediately, not speak to the claimant.... Make an application to set a side, and send BC a letter informing them of your costs. Debbie x

Hi, There is this, its a bit long, but amend and delete to suit. debbie x

Hi, It is possible that they cannot accept your offers because they have sold the debt to Mackenzie Hall, and legally they nolonger own the debt. Did you recieve a Notice of Assignment ? An "Absolute Assignment" means that all rights to the account have been sold. If this has happened, than you have no choice, you will have to deal with MH. Debbie x

Hi Although the CCJ has dropped off your credit file, unfortunately until it is marked satisfied,technically it still exists. The OC has acknowledged that they have written off the debt and closed/sold the account on. What we need to establish is whether the current DCA (Marlin) was aware that the debt had been litigated on when they bought it. Have the correct procedures been followed when they bought this debt. Have they applied to the courts to be substituted as the claimant. Do they have all the documents, including the original agreement with the OC, which they will need to further enforce the claim. Do they have a copy of the CCJ. I think its best to do a SAR. You can use the SAR template, but alter it slightly to ensure you get what you need. Don't refer to the CCJ directly, just ask for all documents relating to any previous court action. I had a CCJ with the RBS, they gained it in 1999, I paid £200 every month for 8 years, as soon as I stopped and challenged the debt, they applied for a charging order and got it. The courts aren't interested in any discrepencies with the original claim, or in your case the PPI, they will only look at whether you have defaulted on the CCJ. Thats why you must carry on paying.The advice to stop paying and force their hand is totally wrong. Debbie

I disagree. If Marlin have been legally assigned and are aware of the CCJ, if payments stop they will be legally entitled to go for a charging order. I think its best to find out exactly what they have first. Pay the judgment amount only for the next couple of months and not a penny more, and depending on how they respond and what documents they have, then decide what to do. A judge will grant a CO if you default on a CCJ. Debbie

Spot on. Only the courts can force you to give personal information, and firstly they have to apply to the courts. If you want to respond, Dear Sir/Madam In response to your letter dated xxxxx. I have nothing futher to add other than what was previously stated when the original claim was issued. My circumstances remain unaltered. Yours Sincerely 389shell Short and sweet. Debbie