I had a loan with Norton finance which I paid in full, after I thought the charge would be discharded. They have, I have found, retained the charge after over six months after the payment of the discharge statement, including charges were paid. This was handled by a solicitor, and should have been sorted. Who and what is involved in sorting out the problem as this has had repercussions in my selling the property. Can anyone advise as to how this can be dealt with and, to be honest I feel a compensation claim is forthright, but with whom. Can anyone advise please.

Sorry for the bad info, I was reading 3 different messages at the same time. The worse thing you did is not attend the Court, that both offends the Judge, and establishes a sense of non compliance to the rules of law on your behalf. You state you did not hear anything from the court, but this cannot be credible, as you received the notice of the fine. The only suggestion I can see is making an application http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-pr-form-part63-appeal-notice.pdf sorry for the previous misinformation. It may be worth a try, but it does not look to good.

Hi as this is a County Court Matter, you need to get yourself a N244 form and have this judgement set aside for the reasons you stated in your letter. Thanks kirsun10

I do not think you have much success in arguing this case in any capacity, it may be, in your eyes the fault of the bank to give you money you did not have, but the underlying responsibility rests on your shoulders. You as a business person should have had some knowledge of your situation and circumstances, yet you failed to take action and continued to spend. Banks do give leeway for people who go overdrawn with the expectancy that you will pay this back as soon as possible, especially with business accounts. However as always as their is no personal touch within banking, but automation your previous record maybe allowed this temporary line of credit. There is no way this could be fought in court as you, without any checks or diligence continued to purchase until the banks automation stated enough is enough. Sorry to be a bearer of bad news but this is also also happens on normal current accounts, and they state on their terms and conditions you are wholly responsible. So in essence you are responsible for what you do with your spending, whatever the circumstances.

They did the same to me an sent a SD that had no basis. I had to make an application to set aside SD as they claimed this was done by Bromley County Court. I went to the court to set it aside, and they stated I need to make an application with the High Court. I did this and with the mention that I have no knowledge of the company or the debt owed and it was required that proof be sent to me of the debt, and any if agreement was made. Unsurprisingly not one person turned up at the high court and this case was thrown out. I feel the reason behind this is that as a purchaser of debts does not entitle the new owner to the benefits held by the previous owners. Unless this is stipulated in the contract they have no valid argument to proceed further. Other than that they have to provide proof of purchase and a lot more documentation to substantiate the claim.

Dear HOLLYHOCK5 It would be interesting to know the whole story to date so that I can get an insight into your situation. Thanks Kirsun10

I made payments to a DCA on a statute barred debt not knowing this was the wrong thing to do. There were threats of placing house charges...etc. I agreed to make payment on a monthly basis. However after a few months I lost my job and was unable to keep up these payments. They got a judgment in the bulk processing centre and won by default then obtained a charging order. I then found this site and got info that was needed (CCA requests etc), and got this judgement set aside. Am I able to recoup my money I paid to them as they have now told the court that they do not wish to proceed with the case. what I have read what hey did is illegal by threats alone but getting judgment on a loan barred is the pits. Can anyone advise? Thanks

What papers have you sent them? Evidence is needed and you should have requested all this before you sent your statement as this would have been part of your defence.. You need all documents pertaining to the debt in question. You need to serve a Subject Access Request ( £10.00 to be sent to the plaintiff). Request the court to reissue a date as you need to reassess your defence as you feel it is incorrect!

I won because: 1. I did not receive a default notice for the original creditor and they could not prove this. 2. They did not provide me with proof of assisgnment. They use their electronic records, but this is not enough. 3. They use structured letter template used by the debtors (i.e Sainsbury's Bank) and the dates of these were not matching. this is shocking as how are they allowed to portray themselves as the original debtor? 4. The sum they request is for the full sum of the debt, however their claim is in effect the arrears, as they have not sent a default notice for the full sum, but only the arrears. 5. Their confidence in winning the case is their major downfall, as they do not expect anyone to turn up and fight. Hope this helps

The Judge stated that he cannot assess for sure by the Plaintiff or the Defendant as to whether the Defendant received a default notice or not, but you have failed to issue notice to end the agreement, so the agreement stood at the time of the application. So only the arrears are due. Therefore the sum claimed is incorrect, thus judgment cannot be made on that amount as this is incorrect although I have been now been provided the correct sum from the Plaintiffs Counsel. The Plaintiff may or may not have issued the default notice, but they have failed to provide adequate notice to the Defendant of the intentions of their claim. I therefore have to find for the Defendant, and dismiss this case forthwith.

It was stated in the court papers (1980's) my dad/mum took a loan from a friend for £25000.00. The thing is I was young at the time of this and had no knowledge if this is true or not. The person who was alledged to have given the loan got a charging order on the property which was half mine and my mum's. I recently looked at the court documentation of the time, and there was no agreement or letters to prove this loan. The whole case was made by affidavitt's of the claimant's solicitors and the plaintiff, and I suspect it being fraud, as my Dad lent him money in the 70's that he could not repay fully and on time. I have letters to prove this. My Dad did not go to court at that time as he was under some mental strain and could not cope with this. I remortaged the house recently and had to pay the claimant's estate the sum of £110000.00, to the claiment's estate as he is now dead, get the house solely on my name. I tried to negotiate, but that did not work, then I SAR'd them and they stated they did not have to comply. They purely state they rely on the High Court Judgement that was issued. Can anyone help me as I am, well totally out of pocket for something that did not concern me. Please Kirsun

Andys123 you have to give more details as to what they want what you have written to them. Basically the whole story from the begining. Be quick you do not have much time if your court action is in March.

Sure sorry Spamhead

You are so right my friend they are just bullies. congrats with what u did!!

Hey send me a message and we can talk maybe over the phone...I need ,ore info to look into this.

The only way I can se to resolve this is to ask the court as they are official court Baliffs. You need to request their logs or even make a complain against them to the court. You know how it is, once you got court backing you can do and say what you like. They proberbly enjoyed a nice cheese roll down the café. But can you prove that? Just trying to be helpful as everyday they will find a charge to make more money

The Bailiff has be officiated by the court and can charge fees they deem fit. This is a difficult on as this is fighting against the court and the council, and to the court, it would seem you have ignored them. I do feel, and am saddened to say this one you can not get away with. A warrant is just that and can not be nullified. Maybe in hinsight you should have apealed or at least talked to the court and not bury your head in the sand. You should have fought it then. It is too late and everytime you delay now will cost you more and more money. I know it is a downer but you should have been more cautious as to how to deal with situations that arise sepite the condistion of you work. That may have helped.

Let me tell you my story: I received threats by phone and letters by Cabot regarding 3 debts that I had owed or not owed from Cabot. They stated if I did not make some payment arrangement they would take me to court and get a charging order on my property. This scared me as I have a young family to support and their future depends on me. I agreed to a payment plan that went wrong after a couple of payements as I lost my job. I explained this to them and still they sent court papers . As a scared person I admitted the debts and offered the payments I could afford. The court gave judgement against me, and payments were were acceptable. However they went a step further and told the court as the debt was £13000.00 they needed additional security and abtained a charging order against my property. This was done by default, and on receiving these notices it upset me so much. This is where this site was my saviour. I requested the CCA. for documents pertaining to the so called loans. They kept on writing letters that they received my request and are awaiting the info from the lenders. They sent letters , but this is intimidation not law. I got annoyed and I applied at the County Court for a set aside for failure to provide this information as required by the consumer credit act. The judge set aside the judgement and the took the charge away from the property. The only condition being, if they provide this information they can proceed with the case. I waited a year still nothing, then I received a wad of document half of which I did not understand but in there was the documents i requested. The Directions of the court were then to proceed with trial on 3 occassions as evidence needed to be gathered. 3 times at a hearing...Boring. The final direction was for me to submit a defence and for Cabot a Case and a case file. They did this and my defence, if you require more info let me know, was 4 pages. They had 2 ringbinders full. The trial was to last 3 hours, and a witness from Morgans was to be present. Before the trial which was on 27.01.11 I was sent a bill for solicitors expences from morgans in the excess of £4000.00. which I threw in the bin. The dat came I was scared, their coucel came to me before the trial and said do you want to negociate an agreement. I said no, I would like to rely on the defence I have submitted. He had his witness from Morgan's there. When we were called I was really scared I did not have a solicitor, and told the judge that I could not afford one. I think that softened him a bit. However I was put on the stand and told to give evidence and the guy from Morgan's had to do the same. I questioned him on a few points that were not clear. He was clueless and could not confirm nor deny the legalities of certain aspects of the CCA rules and kept refering it to his councel. He was like a young kid told to sign a form for the sake of it, but had no clue what it was. The case that was meant to be allocated 3 hours lasted all day, and do you know the shock of it I won the case on a technicality on CCA rules that they fail to adhere to, or forget to do. This was in my defence and this insight was gained from this site. I will help if you require it, I am no expert but will try to assist.

If anyone is to win a case with Cabot and Morgans it is to stand firm and insist they provide information. These are the rules. These people are total rats who scavenge upon the weak and timid. They do not expect a fight, they are happy to obtain judgements on default. However most of the methods they use are to intimidate the consumer who knows nothing about the law and rules they must abide by. That is their only strength. They do deceive you in believing you have no options, but are they wrong. I await the judgement papers of the dismissal of their case and my victory and will forward all these to the Office of Fair Trading. I will post my N244 and the defence I used in my next post. Being human and having a heart does help especially in front of a judge who has to listen to Lawyer speak all day.

More than likely the actual defence you could use on your N244 to set aside is the fact that you have not received any offical court documentation and that you have not had any proof of the actual agreement. The fact is, you must act fast. Do this now. Another defence in my view is that this may be statute barred and they should not have got a judgement in the first place. However that depends on when you made your last payments. I actually held on to the judgeent and the final charging order for a year before I actually fought it. I won because the threats they make are usually just that. They cannot get the documentation on time, and when they actually do the document they do give are not actually admissable. Have letters for the court to prove you have made a CCA requests, and be adamant as to this must be received. If you need I will scan a copy of my N244 if that helps, and the all document pertaining to the whole 2.5 year saga.

More than likely the actual defen ce you could use on you N244 to set aside is the fact that you have not received any offical court documentation and that you have not had any proof of the actual agreement. The fact is, you must act fast.Do this now. Another defence in my view is that this may be statute barred and they should not have got a judgement in the first place. However that depends on when you made your last payments. I actually held on to the judgeent and the final charging order for a year before I actually fought it. I won because the threats they make are usually just that. They cannot get the documentation on time, and when they actually do the document they do give are not actually admissable. Have letters for the court to prove you have made a CCA requests, and be adamant as to this must be received. If you need I will scan a copy of my N244 if that helps, and the all document pertaining to the whole 2.5 year saga. Remember I got all court documents but still won.

Hi I was very interested in reading your situation and want you to know all is not lost. Let me tell you my story: I received threats by phone and letters by Cabot regarding 3 debts that I had owed or not owed from Cabot. They stated if I did not make some payment arrangement they would take me to court and get a charging order on my property. This scared me as I have a young family to support and their future depends on me. I agreed to a payment plan that went wrong after a couple of payements as I lost my job. I explained this to them and still they sent court papers . As a scared person I admitted the debts and offered the payments I could afford. The court gave judgement against me, and payments were were acceptable. However they went a step further and told the court as the debt was £13000.00 they needed additional security and abtained a charging order against my property. This was done by default, and on receiving these notices it upset me so much. This is where this site was my saviour. I requested the CCA. for documents pertaining to the so called loans. They kept on writing letters that they received my request and are awaiting the info from the lenders. They sent letters as they did to you, but this is intimidation not law. I got annoyed and I applied at the county court for a set aside for failure to provide this information as required by the consumer credit act. The judge set aside the judgement and the took the charge away from the property. The only condition being, if they provide this information they can proceed with the case. I waited a year still nothing, then I received a wad of document half of which I did not understand but in there was the documents i requested. The Directions of the court were then to proceed with trial on 3 occassions as evidence needed to be gathered. 3 times at a hearing...Boring. The final direction was for me to submit a defence and for Cabot a Case and a case file. They did this and my defence, if you require more info let me know, was 4 pages. They had 2 ringbinders full. The trial was to last 3 hours, and a witness from Morgans was to be present. Before the trial which was on 27.01.11 I was sent a bill for solicitors expences from morgans in the excess of £4000.00. which I threw in the bin. The dat came I was scared, their coucel came to me before the trial and said do you want to negociate an agreement. I said no, I would like to rely on the defence I have submitted. He had his witness from Morgan's there. When we were called I was really scared I did not have a solicitor, and told the judge that I could not afford one. I think that softened him a bit. However I was put on the stand and told to give evidence and the guy from Morgan's had to do the same. He was clueless and could not confirm nor deny the legalities of certain aspects of the CCA rules and kept refering it to his councel. The case that was meant to be allocated 3 hours lasted all day, and do you know the shock of it I won the case on a technicality on CCA rules that they fail to adhere to, or forget to do. This was in my defence and this insight was gained from this site. I love this site it inspirational. I will assist you if you need a copy of my defence.

Please help me. I need to resovle this matter. We are not a big naking organisation and we are now a normal family, and we are at risk of loosing the family home. My Dad who was the money lender is now retireted, but he did the right thing to hel this guy but he turned it round on him. Please help I have kinds and a family to think off.

My mother an I are joint holders on a property. She had a caution placed on the property while we were both away from the country. The problem is that this was done by the Queen's bench in the High Court in 1994, and I did not know this until I tried to remortgage the property in my name now. I have investigated the case and have found some really scarey irregularities in this. There was no loan agreement and alledged loan was actually payments for a loan that a person had to make to my father for a loan he took out with my father. The agreement is there and his promise notes are available. I have now grown up and have investigated further on this, but not enough. I need to know how do I get these charges removed from my family home. The guy is now dead and was supposed to be a family friend. My dad loaned him money in the 70's, and my dad took him to court, but prior to judgement my dad agreed a payment plan. He just about adhered to this, but he paid my mum money b cheques, and claimed these were a loan to my mum. He obtained judgement with the high court and now holds a charge on our property. What can I do to resolve this as I have proof of this. I also feel that the solicitors who obtained this have acted illegally. How do I go about to clear our name/ The Judgement was in 1994, do I have a hope, or do I pay the caution? Please advise,,,,

Please help with the question about section 8 of the agreement!!!