Odd that...a standard current account isn't a credit agreement...

All quiet on the western front Hecuba?

Yayyyyyy!!!!! Well done hon!!!!! So pleased for you!!! Elsa x

Bumping. Did you see this post Simo? We need to get moving on this... Elsa xx

Well done AA, keep your eye on the time lines.. Elsa x

Fingers, toes, everything crossed for him xxxxxxxx

Good grief, you're right Andy......what a creative lot they are, or do I mean cretinous..always get those two mixed up

Awww bless you..blushing now LOL!! The letter is the standard notice of default sums they're obliged to send. Cheeky beggars adding a litigation fee!!! I use Zamzar for lots of different file conversions, and it's totally free providing each file is no more than 100mb. Just upload, pick the file type and put in your email...the link to download the file is sent within a few minutes and there's no branding on it. Here: http://www.zamzar.com/ Elsa x

Hi SG, No probs, send it to the address for documents and payments. Obviously they're doing it in-house on the cheap, so no Solicitors costs to list. The £85 is their court fee for issuing the summons. They will be expecting you to roll over...panic and pay up, or miss the deadline and get judgement by default, so they probably won't have the documents to hand. When they get you're CPR letter they'll be rather glum... Have a dig for a default notice..if you can't find one we might need to do a part 18 request for info. THe DN isn't specifically mentioned in the POC, but they do say a default was registered so we might just get away with requesting it in the 31.14. Elsa x

Hi SG, Well done on your editing..that's spot on. Send by recorded to the solicitors named on the summons. You have 33 days from date of issue of summons to get your ducks in a row (more if an extension is agreed). Count it out on your calendar, put a red blob and keep your eye on time spans. "Moisten, fold and seal" such nice words..ie no prescribed terms as the address is on the back. Still, it's a judge lottery so you need to get well prepared. Its really important to try and find the ORIGINAL default notice. They can and do mock up compliant ones for court, but what matters is what was actually sent. If you send the 31.14 and SAR tomorrow you can relax a little...

Hi SG, It's actually included in the 31.14 request, in the para about requesting more time, but it's not specifically referenced and maybe it should be. Hence you could amend that paragraph to: If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence, pursuant to CPR 15.5. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. When you've done all your amendments, paste it on here for checking Elsa xx

Hi Spirit Girl, I'd send the SAR straight away as it takes a while. Unfortunately the images are too small to read...are you able to resize and convert them to PDF? (There are free online PDF converters if needed) Elsa xx

Hi Honeypot, They have been very misleading (spiteful?) there. Of course you can sell your home. What they should have said is that the sale could not be completed until the amount outstanding was deducted from the money received. This would be effected by the conveyancing solicitor then you would receive the balance. However, if the house is in joint names, afaik it works differently, the charge being merely registered as a restriction, whereby the only liability is to inform the charge holder of the sale. If you've already received the funds from the sale by the time they receive the notification there's not a lot they can do. Has to be timed right though. It's extremely rare that a judge would order a sale, particularly when children are involved. Did you defend the original summons Honeypot? Elsa x

Hi Spiritgirl, Good advice above, To save time in going through all the legal threads, I've attached a compilation of the main posts. Did your OH ever receive a formal Default Notice? If so you'll need to try and find it so we can check for compliance. Also, did he receive the Notice of Assignment? If you could scan/post up the credit agreement that would be helpful (minus personal details of course ) kind regards, Elsa x pt-legal issues-compilation.pdf

While Andy's digesting the docs, Simo, apart from anything else I think one thing you need to do on Monday is send a Subject Access Request to the original creditor as we need to know how much of this claim is comprised of unfair charges and PPI, plus copies of the communications log to see if they note issuing a Default Notice. The link to the SAR letter template is in my blog linked below. Shout if you need any help editing it. You need to enclose the fee of £10 as a Postal Order and send it by recorded delivery. It might also be necessary to SAR the Claimants to see how they account for hiking up the balance owed so much. Anything we can do to reduce the outstanding balance will help the fight against them. We may also have some questions to email to your solicitors on Monday, but we'll help with phrasing that. It would be interesting to see copies of the communications with the claimants which influenced your solicitors to accede to the Tomlin and Charging Order. Onwards and upwards! Elsa xxx

Wow Andy, that's a keeper! Duly copied and pasted!!

Hi L-S, That's brilliant news!!!! Very well done!!! I'm sure 42man will be delighted to update the thread title to reflect your success when he comes back on. (Only me around at this god-forsaken hour of 5.25AM!!!)

Looks good to me Mooshy, but see what Andy says....

Hello Zozz, If you never reply to their letters then you're not acknowledging the debt CCJ's stay on file for 6 years. Elsa x

Excellent. Good work Billsters

Well done Mooshy. I'm in two minds about the PPI./charges. If the amount you could reclaim virtually wiped the debt, or reduced it so uch you could easily pay it off, then I would go for it. However if it would only make a small dent then I'd personally be wary of doing it as wouldn't it be considered an admission of the debt if it ever went to court again? Elsa x

Hi Billsters, Was there a code number on the form they sent? eg N244? and did you pay a fee? Have a read here: http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=237 Elsa x

Hi, Just chipping in in answer to SOS In addition to the above, couldn't you request sight of the actual original agreement (on the basis that the copies supplied are poor quality and barely legible) by having it sent to a local branch for your inspection? (You could take a high res digital pic then). Might be an idea to to pm Mike_Hawke who is pursuing a similar route on a faked signature, he got an expert witness to confirm it was a fake. http://www.consumeractiongroup.co.uk/forum/showthread.php?316796-Expert-believes-customer-s-signature-was-forged!!! Elsa x

So far so good Mooshy. It's what we were hoping for.

Welcome back, Wonky Standing at our stations!