Just wondering if there was any updates on this - very interested...............

Forgot to say - my neice is in the UK and is looking to move to Australia

Hi - This is absolutely the wrong please to post this (so sorry), but i don't know where else to ask for help. CAG has proven so helpful over the past couple of years, i'm hoping that you all can help this time. I am currently helping my brother who lives over seas transfer residency of my niece from my mother to my brother (her father, all parties are in agreement - exept the mother). My niece has had no contact with her mother for nearly 10 years, but to ensure we followed the correct process we went to court to request that she is allowed to leave uk jurisdiction. We were advised at the time by a lawyer that we wouldn't need legal help and that a simple form submitted etc would suffice. How wrong that was. The mother's solicitors are dragging everything out, not turning up to court, late letters etc and they are now unable to meet the conditions laid down by the court regarding medical / psychiatric reviews (to make sure the mother is fit to make any decisions). Anyway, much of that is irrelevant, I’m after any suggestions of sites similar to this for legal help but for family law etc, what our rights are in court, what can and can't the mothers solicitor get away with (cos we don't know what to challenge etc). We've asked for legal aid, but it seems my mother is not entitled...... Sorry for waffling on so much, but some direction would be really helpful - at a total loss currently.

Oh this just gets better - my wife has just come in from work and had a good rant at the RBS over the phone, all emotional etc (not good at this type of thing). Anyway, they have now admitted they have filed in error and it should never have been sent to the county court as they are happy with our repayment terms. They will instruct their legal sharks to withdraw / cancel it. So, i assume it's best that i/wife file a defence just in case it's not cancelled. If it is, does this prejudice their position regarding future court action? There must be some ramification.

Hi My wife has recived a claim form today from RBS for two outstanding accounts. The first is for a loan that we were pressurised in to taking out to refinance an existing loan. The other for an overdraft, both are years old (2003?). Strangely both are in our joint names and not just my wifes, but the court action is only for her. So we did a CCA a long time back and the paperwork for the loan may have an issue re cancellation rights - there were none, no reference to cancel what so ever. I'm trying to see if it is enforcible. The PoC are as follows The claimants claim relates to the outstanding bank aacounts maintaned by the defendant with the claimant as follows: acc number 1 - net amount acc number 2 - net amount The claimant is the holder of a licence unther the consumer credit act 1974. The claimant has made demand/issues default notice in respect of the outstanding accounts. The defendant has failed to repay and/or the default notice has not been complied with. The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractual) from the date of demand/termination date ot the date of issue. And the claimant claims 1. xxxx 2. Costs 3.interests pursuant to section 69 of the county courts act 1984 until judgment We are at a loss why we recieved this as we have a repayment plan with RBS for around 60% of the original balance. We were in discussion with the banks agent (Incasso) trying to clarify why they were demanding payment from us when we were making agreed payments, and we are waiting on RBS to confirm Incasso are acting on their behalf. I need to first tell my wife that the letter from the court has arrived, secondly we need to acknowledge back to the courts, after that i don't have a clue. So what would our next steps be? Can i defend this? If it goes to court will my wife have to appear (emotionally she will never cope)? It it valid as it's only for my wife and not us both? I'm confuesd - must be the heat. Cheers

Thanks I'll start a new thread in the right area. Cheers

Hi, Thanks for the comments. To be honest it's still not 100% clear to me. Anyway, it just gets worse. This morning my wife recieved a claim form from northampton county court for two accounts the first for a loan (to refianance a loan from the same bank - big pressure from RBS to do this) and an overdraft, plus court costs. The bizzar thing is the accounts are joint, but the claim is only against my wife, it seems the bank have also instigated proceedings via a third party who we had never knew of until the demand the otherday. As far as we were concerned we had an agreement to repay a reduced sum each month (£250 from £400). Obviously i'm very unhappy - and my wife will be distraught when she gets in from work. Part of the reason we agreed to £250 per month was to avoid court action - it was disproportionate to our other creditors. I guess we need to defend this, but on what basis - it seems crazy to go to court when we were paying everything off and not missed any payments. I can't produce it out of thin air - we are acutally going to have to reduce payments as our mortguage has gone up recently. Any guidance, advice or direction will be most welcome as I'm at a loss what to do next.....

Thanks will do - didn't recall having raised this before.

Hi It's been a long time since i've posted here. A few years back we had a problem paying all out commitments (60K+), and after a lot of help from this site I managed to sort out a DMP directly with each creditor (frozen interest). Anyway, this evening i came home to a letter demanding full payment from one of our creditors. In it's self it's hasn't botherd me to much (the wife on the other hand.....), anyway casting an eye over the CCA i noticed there is no details regarding rights to cancel - or any reference to rights being sent seperately. It does have a section titled 'your rights' that covers CCA agreements and your right to sue them etc. So would this be an enforcable agreement without the right to cancel? There is also no reference to further rights being sent within 7 days etc. It was signed back in 2003. I'll try and get it scanned - and post up, but it may take some time. But please comment in the mean time.

Hi, I was involved in an RTA about 2.5 years ago. Multi car (3) shunt, with me in the middle. The rear vehicle has now accepted liability for running in to me and pushing me in to the car in front. However, my legal firm has been dragging things out far to long. I've just learned that the claims handler isn't even a solicitor. Now, I'm thinking of swapping solicitors - or should i say get one to act on my behalf. I'm worried that my claim may be compromised due to poor management etc. I've not received any advice, my medical treatment has been drawn out and i've only just had surgery after pushing for treatment off my own BUPA policy. I assume that i can change solicitors, etc. Any comments, advice or experience? Cheers

No termination notice yet, but they have passed my account over to a solicitors. We have until this monday coming to reach an agreement otherwise they will be taking me to court. So, i'm quite sure they don't wish to continue our relationship. Once they file i guess that is then clear they have terminated?

Seems i found the date over page with a signature, i've just been reading and found that unless the class of posting is on the document then second class is assumed - is this correct? I'll post a scan up later to see if the prescribed terms are all there, but it looks like it's just a date issue now.

The DN has both our and there address details. So the DN has to have both the date by which to comply, and a date of issue / printing ? And the cover letter date is not good enough?

Hi The wife and I are currently being chased by solicitors on behalf of RBoS. Seems they will be initiating court proceedings soon as we will not talk to them on the phone, only in writing etc. Anyway, just been digging over the mountains of paperwork we have on this particular account and came across the detault notices sent last year. It appears that they may be invalid - now if my understanding is correct, the debtor should be given a minimum of 14 days clear to meet the demands of the Default notice, so including 2 (working) days for service the date should be a minimum of 16 days from the date of posting. So, the notice i have doesn't have a date on it - only the covering letter does and this pertains to a DN for a loan and an Overdraft. However, if the date on the covering letter is take as the posting date - 20th, and the date to aviod action is the 4th of the following months (31 day month) then to me it would appear that i was only given - 15 days at best not 16. posted 20th - 2 days for post 22nd, 14 days to settle 5th of the following month. Now the wording i believe should also be unambiguious. However, the following was written (will scan later anyway) 'You are therefore required to pay these arrears to the Bank by the date shown below' - '4th November' 'IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH' If you do not pay the arreas by the date shown above the bank intends to - REQUIRE IMMEDIATE PAYMENT ON THE NET AMOUNT OUTSTANDING (as set out below) if necessary by court action. Now, to my simple mind the dates are not clear, do i have to pay before the 4th or on the 4th at the latest (so not unambiguious), and if it's before the 4th then that means the days have now been reduced again - so now only 14 days not the 14+2. Is my understanding correct, therefore this particular DN is invalid or am i grasping at straws? Oh and i dont have the evelopes, the wife binned them!

Is there any similar agreements with Australia or Newzealand? I've been unable to find anything so far.