the date is this coming Monday 10th sep

Hi Ell-enn Thank you ! I dont know how long the mortgage has to run ..Its a local authourity house bought under right to buy probably 10 years ago or so. There are no dependant children . She says she has sent an I and E to the court but didnt mention defence forms

I have just been approached to help someone who is in court Monday for a 1st repossession hearing. I dont have any experience regarding repossession but have been to court regarding unsecured debt and I am not afraid of the courts and proceedings.I am willing to speak up for my friend if allowed. She has completed an I and E form sent to her by Paratus and before I was involved had borrowed money from her very elderly parents to try to stave off proceedings to no avail.. I am concerned that the offer she has made to Paratus is untenable if she is unable to work a lot of overtime . How can I ask them to actually accept a lower offer ? She has been borrowing from Peter to pay Paul etc and has a few payday loans . I dont think she can service all her debt. She was £4k in arrears ..has paid £1k off via the loan ....payments should be £550 and she has offered £700 pcm . She works all hours she can ... working herself into the ground ... The house is in her name only but she has an awful feckless estranged partner who lives in the house [ married ] who refuses to help and sponges off her [ I know I know ...] He tells her that if she divorces him he will take half the house etc etc. I think there is equity in the house but she is convniced she will not be able to sell if she is in arrears . I have told her I am sure she can try to sell as the mortgagees will definitely get all their money back if she sells. She thinks she will have to give the awful sponger money from the sale ...I am not sure about that . Can anyone help me to help her ?

Just a little update. CC a/c referred back to Halifax who again wrote to say they have no CCA and cannot enforce. Wonder who they will send it to next ? O/D now in hands of 2nd Crudit [ you know who I mean ]. They state in writing that they have bought the O/D and they are willing to accept my F and F on the terms I have asked for so will be sending 3rd party Chq for that and good riddance. Hubby currently in remission and life a lot sweeter . Best wishes to all my friends on Cag xx

IQ bobbed off and now Wesbots on the case! They have tracked me to my new address . Planning to send the same letters that I sent to the IQ people and see what happens next .... Happy days !

Thank you

How about this letter ..... and thanks for your input I do not acknowledge any debt to your company Your ref .xxxxxxxx I refer to your recent letter. The account concerned is in dispute and has been so since xx xx xxxx As xxxxxxxxxxx [ o/c] are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS In light of the complete absence of any enforceable documentation and after taking advice I am concerned over your persistent attempts to pursue payment on an unsubstantiated debt in defiance of OFT guidelines and the Consumer Protection from Unfair Trading Regulations [ CPUTR] 2008. I am unable to consider any settlement figure offered by yourselves or any other company until proper documentation is forthcoming. Under the circumstances, I will regard any further correspondence as harassment and your company will be reported to the appropriate Regulatory Authority without any further notice. I do not give you or your associate companies or agents permission to call at my address and any attempts to send field agents to my address will be regarded as trespass and the police will be called. Yours faithfully

Hi RMW and thanks for answering The Sols are Bee Cee DoubleU . I am a bit out of touch [ have been caring for seriously ill OH ] so not sure if they mean business or not. The amount is over £5K but less than 15K

UPDATE ** and advice needed please More than 2 years later and I still have never responded to DCA2 's letters or phone calls . I have a new phone number now so dont get any more calls and have moved address but do get my forwarded post. DCA 2 have sent many requests for me to settle on various ' deals ' with ever decreasing amounts. I have ignored them. I have never received any notice of the sale of this account to DCA2 Now I have received a tracing letter followed by a Formal demand from a well known [ on Cag ] firm of solicitors on behalf of DCA2 threatening Legal proceedings. I have never sent a sect. 77/78 request and I know for sure there is NO documentation and no CCA and have a letter from the OC to confirm this. Should I write to the DCA2 or their tame sols or should I send a 77/78 request ? Any advice gratefully received and thank you

Will be thinking of Mr. B and hoping he gets the result he deserves.

Donation sent . Good luck Vjohn

You need to speak to your conveyancing solicitor and ask them to speak to the solicitor for your buyers. As far as I know at Exchange of Contracts a search of the LR is done by the buyers sols and this is a " protected search " and protects the buyers from any charges being put on the property from that date until the completion date so the buyers should be protected if there was no charge registered when the protected search was done. I am not sure how you have got all the proceeds of the sale if the charge was already registered

You bought the car in Conneticut? and now live in South Carolina USA ?

I'm thinking of Mr. B and really hoping this has gone well for him .

FGThank you so much ..yet again !I will try to construct a suitable letter . OH awaiting further MRI and hoping for the best ....

Any response ? Should I a] Ignore b] send CCA request c] send a letter with a copy of letter from OC saying they accept cannot enforce through the court until they locate CCA or some other letter ?

little bump .... :0)

Hello Friends ..needing your advice again. I have submitted a F and F for the joint OD account . My first offer was rejected so send a further offer of just a little more and havnt heard back as yet. I sent a letter to the IQ people regarding the CC account in my name only and told them that it was in dispute due to no CCA I have now received a packet of statements going back to 2004 and a demand for payment. No CCA included of course as there isnt one available and no reconstruction either. Curiously the account number on the statements changes completely half way through with nothing to indicate why, no transfer of balance or anything. I think it may be because it changed from a Visa to a Mastercard. Any ideas what I should do now ?

If the house is owned in your mother and fathers names as " joint tenants " as the vast majority of houses are then I believe he will own 100% of it if your mother dies. If they are " tenants in common " then he will own 50% and your mother can leave her 50% to whomever she wishes on her death. Joint tenancy Under this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner. Tenancy in common This is the opposite of joint tenancy in that the tenants in common each have a definite share in the property. For example A and B could own the property in equal shares, or A could own one fifth with B owning four fifths. This would be the most appropriate agreement where people want to own a property in separate pre-determined shares. Under this form of ownership if one of the owners dies, his share of the property will pass on to whoever he specifies in a will, or if a will is not made, in accordance with the rules of intestacy (someone dying without leaving a will). If you are planning to make a will (and it would be wise to do so) you should have it drawn up before you sign the transfer deed that passes the legal ownership of the property to you. This way you will save the time, money and inconvenience of having to change your will

Mandyjane Take a look at the threads regarding Arrow G there seems to be a lot of these letters being delivered http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?323-Arrow-Global-Fredricksons-Bryan-Carter

Dont know if it helps but I have had the same / similar letter and the company who were collecting on behalf of A G gave up long ago when they couldnt produce any proof of the alleged debt . On my letter it says to carry on with payments to the collecting company ...sure I will ! This alleged debt never went near a court and I havn't heard a dicky bird for almost two years. I think this must be an admin thing and they will write to everyone on their database with details of this NOA to cover themselves.

I used this Statutory Declaration and it did the trick STATUTORY DECLARATION I, xxxx [ your name ]of xxxxxxx [ address ], make the following declaration under the Statutory Declarations Act 1835 All items contained within the property known as xxxx [ address ] and within its boundaries are owned by myself and my husband xxxxxx [ amend to say mother etc or delete if only for you ]. There are no items within the property or within its boundaries that are owned by any other person. 　 I make this statement conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act 1835 　 Signed: Declared at___________________on__ ________________of 20___ 　 Before me, Full Name Qualification Address

For anyone who is interested... Just a quick update on this case which has rumbled on and on. Eventually got a trial date for my son and was sent at very late notice a trial bundle . I could immediately see that Mr. R had been given 5 attempts to name the driver at the time of the offence. He had named himself twice and ignored 2 x S172 and then eventually named the car business some 6 months after the alleged offence. He had never informed the DVLA he had disposed of the vehicle. I wrote a polite but factual letter addressed to the reviewing lawyer at the CPS and pointed out all the problems in this case and asked for a further review. Result Case discontinued within 24 hours Hooray for someone with common sense

CB is this what you were looking for quote from BRW Another issue with MBNA, especially from around that time, is they did cock-up the Prescribed Terms. A common mistake was on the Minimum Payment Prescribed Term, as MBNA used to add a series of exception clauses to them...i.e. exception clauses that were to be found within another Document! That stuffs them, as the Prescribed Terms cannot be found in another Document...they must be contained within the four corners of the Agreement.