Any suggestions how I word my witness statement, I guess my DN is my only defence, what is the arrears btw.

1/ Does the CCA look OK anyone, does to me but nice to have a second opinion. 2/ what's the latest about invalid default notice, things have changed since I started my first MBNA saga, It started off invalid default notice no case, then no default notice they can only claim the arrears, next I hear it means nothing. 3/ Howard Cohen say because it is small claims court they dont need to supply the CCA, is this true? if not they have not upheld their obligation under a court order, how does this affect their case? 4/ HC supplied their case file late (5 days from trial) does this invalidate their claim because I had insifficient time to prepare a defence. My hearing is tomorrow so a quick response would be appreciated.

Bump

Need a bump on this one, not going to make post now for last chance of getting a defence to court or H+C, what are my options now.

I sent my defence as in post 15, the court made an order for the particulars of claim to be sent to me and to the court, and just before the deadline I received a letter from the court saying "that the claimants fax be deemed to be an application to reinstate the case" I had not received detailed particulars of claim or a hearing notice. 2/ The CCA was enclosed with the witness statement but the default notice was just mentioned and not sent (I have the original invalid notice). 3/ will scan shortly (added as a pdf attachment) 5/ Haven't received anything except invitations to pay. mbnaccasmall.pdf

They sprung a last minute witness statement on me received 12/12, I have a court hearing on the 17th, I have determined that the default notice is invalid, I have a copy of a CCA which looks very clear but not sure if it is valid, I have little chance to prepare my witness statement and get a copy of the details to the claimant and the court before the 17th. Can I just use the default notice as a defence and make a complaint regarding insufficient time to prepare, I rang the court on the 11/12 because I hadnt been given a hearing date and told it was due on the 17th,

The end (I hope) I sent Restons a chance to settle for £650 and gave them 7 days before I would send them a copy of my N252, didn't need 7 days the cheque was sent by return post, thank you Restons. Thanks everyone for your help, thanks CAG for being here

I spoke to my other half about it and she said to take the money and run, I was thinking that they have agreed to pay and that they are quite likely to pay all of it, guessing they are bluffing about not paying it all as they have done throughout the whole process, but I do agree it would be nice to get it over and done with and some spending money for Christmas (minus my CAG donation). That is really why I posted it here always appreciating the voice of reason. CAG is for life not just for Christmas.

I have received a letter from Restons offering £500 as full settlement, This is my reply does it sound fair.

I used to use ebay a lot and sent parcels regularly, parcels sent from eBay orders were 10 times more likely to get lost in the post when compared to orders from my website (make of that what you will). I had a whole sack of items go missing once and I sent a bulk claim form with printouts from independent online stores showing the price (retail) and they paid the compensation, they did not ask for the price I paid for them they asked for the value of the item, that was a while ago (2 or 3 years) cant see what would have changed since then.

My account has been passed onto Rockwell DCA, my £5 over my £500 overdraft has escalated to £1400 with no further contact from A+L with the exception of a telephone call they made where I offered to pay off my overdraft plus the £5 it went over when they authorised my mortgage payment, they rejected my offer. I have gone through this before with MBNA (and won) but documenting it here for refreshers on the process to take and to keep a list of timescales, hopefully get some input as to what steps to make and when. I am going to make a hit first and get an SAR to go about claiming my illegal fees back, hopefully get it in before they take me to court (if they do) .

Where there is a will there is a way, send a printout of an identical/similar item for sale in the shops or at a recognised internet retailer as proof of value, RM cant expect you to have receipts for everything you buy and sent through the post.

Thanks for all your help its been a great help. I have printed my forms now drafting a letter to creditors. Breakdown of the debt first visit, £ rounded Judgement debt 1619 Judgement Cost 85 Execution cost 50 Interest 11 Sheriffs Fees 473 VAT 71 total 2310 Last visit Attendance of enforcement officer with transportation 520 VAT 78 Total 2911 My maths arn't that good but it looks like they are unreasonable fees to me

Thanks dodgy that link was a great help but didn't mention the limited company aspect. BUMP please

I ran a business from home, it was a limited company, although it has not traded for 11 months it has not been legally closed, the registered office is my home address. I have business debts and 1 company has taken me to court to recover their debt, they have been to a HCEO to recover the debt and have called at my house, they never gained access to my house but put a levy on my car, my car is registered to my name and not the limited company and I wrote them a letter advising this, I am sure they new anyway just trying it on, I also advised them that it is a private residence and no stock belonging to the company is held there. They turned up again the other day with an attendance to remove letter, again not gaining entry but pushed it through the door, they have aded to the debt £520 for the attendance of an enforcement officer plus £78 VAT, taking the debt from £1700ish to £2911 from court fees previous bailiff visits etc. My partner ends up in tears after every visit and as you can imagine she is very scared being at home all day on her own. My question is can they get into my home to see that i have no stock by force, are they allowed to keep harassing my family, can they charge these fees? and most of all can I stop them calling.

I have drafted an expense order, just wanted to get your advise before sending, is it asking for too much? is the format suitable? Where is reference to the labour charge validity available? Any advice welcome. I will check all number for accuracy in addition etc

You can have 10 year battery life smoke alarms fitted to your home for free when you request a Home Fire Safety check by the Fire Brigade, the link here is for the Avon and Somerset area (Although Avon no longer exists) but it is a government backed scheme so should be available in other areas. I was repairing the computer for a Fire fighter who told me about it, he said you get a visit from a fire safety expert who will advise fire safety measures and fit alarms where required, registering you for a visit when the batteries are due for renewal. There is little reason to burn to death now.

Im using Vista, had no problems with it, in fact it does what I want nicely, seen loads of people with it all having no problems, used windows 7 all appears OK just some of the tools I use in Vista are missing, I wont be upgrading to 7 when Vista does all I need. So my cost saving tip is stick with Vista. When I was younger I upgraded to the newest version as soon as it was available, most memorable, windows 2 to 3.0 then 3.1 and then 95, now if it does what I need it to do I stick with it until its obsolete.

I am not stressed over it, I cant be bothered opening all their threatening letters, ive been through it before if they want to take me to court let them get on with it so its out of the way.

This started as a how much are posties paid thread and turned into a discussion about the RM problems, still a very welcome discussion as I am sure many people are annoyed by the threatened strikes. Nice to see both sides of the argument. The company I work for have made major changes, the changes go from having a company car to do my work (in the field so essential) that I can take home for personal use to having a pool car where I need to go to the warehouse pick up a car do my work and return, I am given a day and a halfs work most days so overtime is as good as compulsory, plus many other unacceptable conditions, I will leave and get a new job when one is available as will all other staff members but one thing I will never do is make my customers suffer because of it, it is not their fault I do not enjoy going to work any more but I wont make my customers pay for it. I had a PO Box a while ago that was cancelled because my post went to my road name with a drive after it, the occupant got so fed up of it that they said not living here when returning the post, I was without a PO box for 3 months because the inability to distinguish between close and drive despite being in totally different villages, imagine a business with no post for 3 months and it took a further month to have it reinstated. I need to make my customers happy despite the carp company I work for, there is no excuse for mis delivering post every week, a little bit more care and consideration for the people who pay your wages should still be a priority. If you don't like it don't make us pay, get a better job, there are so many people out there that would love yours and my jobs.

My son dropped my notebook when it was 2 weeks old, it was covered by the extended warranty, I was quoted 14 days for repair, the courier said it should be back in a week and it was returned in 5 days with new plastics, if it was just an adaptor I am sure it would have been a lot quicker. Ac adaptors have direct connection to the charging circuit for the battery it could have been a short in the battery causing the problem, have you seen what can happen to a faulty Lithium Ion battery, well worth a few days without a computer, whether you like it or not PC World need to cover their back, as well as already mentioned they need an accurate serial number to reclaim the cost from the manufacturer.

I had a similar problem, stopped going to the Gym (Fatness First) because I couldn't afford it, payment stopped and they sent a DCA after me which I ignored, I contacted Fitness First and told them I was in financial difficulty and asked them to freeze my account because I was unable to make payment, they agreed to this until just after Christmas (last year) that's the last I heard from them.

I had an Alliance and Leicester bank account and stopped using it because there are no Branches near me and you can not contact them by phone unless you have a pin code which I must have had but could never find, When I changed bank account my mortgage payment went through by accident and took me £5 over my overdraft, they sent me a letter saying that it had gone over my overdraft but they have reviewed it and decided they would honour the payment, they rang me and I told them I would pay the overdraft and the £5 it went over but will not pay the fees for going over my overdraft, they authorised it they should pay it, they declined my offer. That was many months ago and I guessed they saw sense and forgot about it never receiving a statement or any other correspondence since, yesterday I got a letter from Rockwell DCA demanding £1401 for the debt. Can I write a letter to RDCA asking them to not send demands for the payment but take me straight to the court process, should I state that I have been through the process before and know the drivel they send and I am not intimidated by their bold red print. Should they take me too court can I use the illegal fees reclaiming process as a counter claim for the process or is that a separate matter, I will be claiming for illegal fees that will amount to a greater amount than their self inflated claim, this letter has prompted me to start the process for claiming back my cash as they will find out shortly.

I will send my costs invoice now, should I also claim for all the illegal fees charged or just let it go with a saving of 18K . I have seen adverts for credit card companies recently luring in potential victims, there should be warnings that if your circumstances change you will be hounded to hell until you pay, fight or die. I got into trouble because they glamorised the platinum credit card, gave regular credit limit increases and encouraged me to spend more, they must take responsibility for their actions and hopeful this case taught them a lesson, I am sure they will not learn from it but a lesson has been taught.

I have contacted the court and confirmed that the case has been discontinued. What a result, took a while but got there in the end. I can never thank everyone enough for your help, the support and advice from you guys saved me a £25K made up debt, I hope my post gives hope for everyone else in the same situation I was in.