Hmmm - so they say in January that there is no CCA due to the time since the a/c was opened and now they suddenly find one that looks remarkably well preserved I would be suspicious but then again, I'm suspicious about everything that doesnt quite fit the mould, lol Wait til the others appear - you will get the right advice

Clearly being disappointed with your first Tesco toaster didn't make you think that perhaps you should inspect the replacement toaster for the "design faults" - there are various models of toaster that would accomodate the crumpets etc you desire but sadly, these dont appear in the Value range. The phrase "you get what you pay for" is not just a collection of words with no meaning! OMG - I cant believe I have bothered to respond to this

You need to get this sorted like TODAY! If you waste more time, the court may look unfavourably upon it (and you). I learnt to my cost that to dally is not always in ones best interest. You can get the application for fee remission also. Its Form EX160

Welcome to CAG Can't you request an up-to-date statement from whoever you are paying now?

Money for Nothing by Dire Straits As for advice - IGNORE everything from them (unless its a genuine court claim!)

bump

STILL not had a letter telling us whats happening - not impressed - how they expect people to find top-ups when they already exist on basic rations is beyond me As far as claiming that this country needs to save money - how then can they justify spending £12 million on a state visit by the pope???????

We get ISMI and have yet to get a letter about any reduction in payment. We have a suspended possession order on our main mortgage and have an upcoming possession hearing on our 2nd loan which is with the same lender. Our local authority have helped us by negotiating with the lender and are putting us through the mortgage rescue scheme whereby we sell our home to a housing association and rent it back. The LA were here yesterday as they have to confirm that our home is in good condition etc and he never said anything about this. We have a possession claim being heard in 2 weeks time and now will have no extra payment being made so wont be able to make an offer of any kind.

Nelson Guest are at the next desk to Westcot. All this "we expect payment or will take legal action" - uummmmm, go on then - see ya in court!! Oops, I must have misunderstood - you expect me to pay up on an unenforceable debt and you not gonna supply the documents that would prove you have the right to enforce it ?? What a shame muppets, now go and get lost and leave me in peace to enjoy my life without cretins like you invading it. You've send them the dispute letter - dont waste your ink and stamps Can you tell I dont feel well this morning?? LOL

Hi Ford - I pointed out the regs as above but to no avail - DJ got a book out and started to read passages from it that allows interest but he did not state what rule he was quoting from and tbh, I wouldnt have known how to argue it even if he had said the rules Having had a few days to think and reflect on proceedings, my hubby has pulled the plug on defending it any further - he feels that the stress it causes me does my physical condition no good. We are going for mortgage rescue in any case so when the housing association buy the house, theres not going to be sufficient equity to pay Black Horse so it will revert to an unsecured judgment. I'm gutted about it all but stress cripples me so maybe hubby will be proved to be right in the long run

LOVE that letter

Went to court ad was met with a particularly aggressive representative for Wragge & Co. DJ said he cannot set aside the judgment and that to do so, I should have applied to appeal the judgment before a higher judge. Apparently, because we attended the final CO hearing, that was sufficient to prove that I was served with the necessary documents and should have applied for a set-aside before that CO hearing No matter how hard I tried to point out that the CO was made BECAUSE of the failure of the court, the DJ was not prepared to listen, far less back down. The CO will stand but advised that so long as I maintain the £15 per month, albeit that this does not cover the interest let alone the capital yet is all I can afford, then this would be considered if any further enforcement was attempted. I argued that interest should not be applied since its a CCA debt below £25000 but was told that since it was above £5000, then 8% statutory interest applies. One point did make me chuckle however and that was when I brought up the matter of their fees (£1250 ish). The DJ refused to award this amount and said summarily assessed at £125 was all they would get. The rep fought hard to the point that the DJ threw his glasses on his desk and barked at her "do you want me to withdraw your privilege to appear before me?" I felt hopelessly out of my depth from the very start as it was crystal clear that the DJ had already decided that my application would be dismissed and despite arguing for 15 mins, I lost my case. The upside I guess is that there remains no equity in our home, it still belongs jointly with my husband and they remain 3rd in line so to try for an order for sale would be pretty damn pointless. Thank you so much RWR and gh2008 - I could not have got this far without you both.

If they signed for it on Sat 21st (double check!) there is no need to allow the extra 2 days so 12 working days from 21st Aug was up on 7th Sept

The letters fine but why on earth are you engaging in letter ping-pong with them? They've had enough opportunities - see them in court! There is no legal basis that requires you to chase them to provide the acknowledgement letter! Provided you posted the V5c, you have performed all that is legally expected of you. The rest, as they say, is carp As an aside, my partner was taken to court a few years back for same thing. We went and the entire session was booked for DVLA - they did not win 1 single case :lol: As the Interpretations Act states, once a letter has been posted it is deemed served unless returned to the sender by Royal Mail. They use the Act against us - they cannot also expect to take advantage of it in their defence

Thanks gh Will be able to update tomorrow

scrn.doc Its at the top next to View first unread, thread tools and search thread. Hope that helps

Hearing in next few days and todays post brings witness statement from claimants sols (and Statement of Costs for £1250!!) I am still of the opinion that I have been wronged and am prepared to fight for my rights but wanted any comment/tips etc after seeing what they are saying Sorry for all the pages but heres their ws (previous pages are just the background) Cant help but notice that of the 2 documents they attach, 1 is clearly marked File Copy yet the 1 that allegedly accompanied the ICO doesn't appear to have been hole punched and taken from the file Uploaded with ImageShack.us

Don't they have to repay the money as well as whatever punishment the court decides? IMO, regardless of how much is "saved" by the catching of the cheats, there won't be any extra money paid to the other claimants. As to the naming and shaming - the local press round our way routinely do this with all the usual sensationalist headlines and mis-interpretation that makes the whole story so much more sordid but hey, lets not worry about getting the whole story out there, just make it readable and so that it offends the daily mail type reader and the govts job is done

The judge was the person who decided the amount to be paid though and he based that decision on the I & E provided at the final CO hearing. Apparently some judges will order £1 per month but I never offered such a low figure and instead, offered the maximum we can afford - after all, income support doesn't go far and the judge felt my offer of £15 per month was perfectly reasonable.

Derrrrr, wish I had done that before posting, lol Apparently it will be dealt with at the hearing

On the N244 I applied to: 1. Vary original judgment from Judgment on Acceptance to Judgment on Admission, payable by instalments 2. Set aside final CO on basis of original judgment being wrongly entered 3. Stay of execution Todays post brings this and I need to know a) is this correct and if so b) when does the variance of original judgment happen? Should I notify the court that No1 in my application should also be addressed or will this automatically be addressed at the hearing? I just dont want any more errors

Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully Mr A N Other They have working 12 days from receipt of letter to comply. Failure to do so within the allowed time means you send a dispute letter and they MUST cease all collection activities until they comply with your request. This is why it is essential you can show exactly when they received your letter. Online agreements can be legal but it is still worth sending to see if they have retained a copy. You could also send a SAR to identify all charges etc but this costs £10 so I would be inclined to do the cheaper option first. Have a look round the forum and read what others have found in their wranglings with shop direct - you'll quickly see you're not alone.

Calm down dear, its only shop direct as an actor would say in an advert, lol How old are these accounts? I would be asking Shop Direct for a copy of the CCA I signed as this shows whether they hold it and if the debt is legally recoverable. If they dont have a copy, your negotiating position is so much stronger. Send the CCA letter unsigned with £1 postal order by recorded delivery. Keep all receipts. http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-Budget-Planner&p=162367&viewfull=1#post162367 I would also send the telephone harassment letter asking them to stop ringing you. If they do ring, refuse to go through the security questions and just keep saying everything in writing - its your phone and you can choose who to speak to. http://www.consumeractiongroup.co.uk/forum/showthread.php?131250-Dca-Creditor-Harassment-By-Telephone-Letter This is a battle many have won so just ask at every step - you'll get loads of help

Hahahahahahahahahahahahaha

Lots of other issues seem to be being addressed but more importantly (IMHO), has your husband made an application to the court on an N244 form for set aside yet? If not, it needs doing urgently. An informal payment arrangement such as Paypal etc will not prevent them being able to take further enforcement action - only a court order would prevent this.