Thanks for that. Keep you posted.

Hi It's not exactly clear whether they're just selling the template of a particular letter. Don't you think? Regards Liz

I've sent BM questions which I'm sure they won't want raised in Court. Waiting for their replies. Regards Liz

Gordonsky I think it may be a good idea to put up the name of the thread you originally put your problem under, as you have had advice on that, so caggers can refer back to it and not repeat advice. Regards Liz

Hi What do you mean please, exactly, regarding your comment above? I don't remember you saying they were new owners of the business. I need the date they took over under TUPE. Come back quickly, Regards Liz

Hi, Can you get proof of that? It needs reporting to the Law Society. Regards Liz

Hi Sorry so long to come back. I only meant that if you're going to proceed to a tribunal hearing, the other side may be watching this site so you don't want to give too much away, and give them an advantage by being prepared. Regards Liz

Hi Sorry so long to come back. I only meant that if you're going to proceed to a tribunal hearing, the other side may be watching this site so you don't want to give too much away, and give them an advantage by being prepared. Regards Liz

Hi peeps, I believe that HL solicitors are Capquest. So, shouldn't you have had a letter of termination from MBNA, as someone on another site said. (don't ask which one). Regards Liz

Hi Diddydicky I've only seen the end of this thread. How about writing to the building society to ask them if they securitised the mortgage? To annoy them if nothing else. Regards Liz

Hi Peeps, This was an interesting line. I've had a loan sold to Capquest - either MBNA or Egg, I can't remember at the moment. (Had a busy day!!!:grin:) I don't remember receiving a notice of termination. I'll have to check my file. Thanks postggj. Regards Liz

What's your new thread called, or post a link please. Liz.

Hi Trumpetmaest It looks good to me. If the judge comments that this is a "technical" Set Aside application, agree with him, because you ARE disputing it on technical grounds. Opinions invited, Caggers, and comments for Trumpetmaest's big day. Break a leg for the hearing, Liz.

Carrying on from above, I'll just type it in. "The creditor has not provided any legible copy of the agreement referred to in the Statutory Demand or attached to the Statutory Demand. [Doc 1] Under section 78 (a) of the Consumer Credit Act I sent a formal written request [Doc 2] for any true copies of any Consumer Crdit Agreements signed by me and a Subject Access Request [Doc 3] to INSERT CAPQUEST AND THEIR ADDRESS by recorded delivery on INSRET DATE [Doc 4; Proof of Posting and Proof of Payment]. I have not received the information requested in my Subject Access Request and have not been provided with all statements for the duration of the alleged agreement (it not being uncommon that some debts are made up entirely of charges). To date the creditor has not sent me any copies of any Consumer Credit Agreements and they are in default of that request under section 78 (1) of the Consumer Credit Act. I believe there are no properly executed signed Consumer Credit Agreements. If they had been able to supply these agreements then they would have done already to avoid slipping in default under section 78 (1) of the Consumer Credit Act. “SECTION 78 (1) CONSUMER CREDIT ACT 1974 (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer:- (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and, © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.” The Consumer Credit Act in section 78(6) states that:- “(6) If the creditor under an agreement fails to comply with subsection (1):- (a) he is not entitled, while the default continues, to enforce the agreement It must also be noted that the agreement must contain the prescribed terms.” Consumer Credit Act 8.2 What if prescribed terms are missing or incorrect? s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor. If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. (N.B - For the avoidance of doubt the 2006 Consumer Credit Act does not change the above legislation.) The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6)) Citation 1. This Order may be cited as the Consumer Credit Act 2006 (Commencement No.2 and Transitional Provisions) Order 2007. Interpretation 2. In this Order “the 2006 Act” means the Consumer Credit Act 2006. Commencement 3. (1) The provisions of the 2006 Act specified in Schedule 1 shall come into force on 31st January 2007. 3. (2) The provisions of the 2006 Act specified in Schedule 2 shall come into force on 6th April 2007. Transitional Provisions 4. Subject to article 5, section 1 of the 2006 Act shall have no effect for the purposes of the 1974 Act, in relation to agreements made before 6th April 2007. 5. Section 1 of the 2006 Act shall have effect for the purposes of the definitions of “debtor” and “hirer” in section 189(1) of the 1974 Act wherever those expressions are used in— (a) sections 77A, 78(4A), 86A, 86B, 86C, 86D, 86E, 86F, 129(1)(ba) 129A, 130A and 187A of the 1974 Act; (b) section 143(b) of the 1974 Act in respect of an application under section 129(1)(ba) of that Act; and © section 185(2) to (2C) of the 1974 Act insofar as it relates to a dispensing notice from a debtor authorising a creditor not to comply in the debtor's case with section 77A of that Act, in relation to agreements made before 6 April 2007) The creditor has provided no default notice in accordance with the Consumer Credit Act 1974. This stated, the default notice in order for it to be valid must be in the prescribed manner and be correct. The Need for a Default Notice notwithstanding the above, it is also drawn to the Court’s attention that no default notice required by s87 (1) Consumer Credit Act 1974 has been attached to the petition. It is denied that any Default Notice in the prescribed format was ever received and I put the Creditor to strict proof that said document in the prescribed format was delivered to me. Notwithstanding the above points, I put the creditor to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). Service of a default notice is a statutory requirement as laid out in sections 87, 88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. Therefore without a valid default notice, I suggest the creditor’s case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages (Kpohraror v Woolwich Building Society [1996] 4 All ER 119). REFERENCE TO CASE LAW As the creditor has not provided the credit agreement Wilson v First County Trust Ltd [2003] UKHL 40 states that:- ‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement … was unenforceable. The statutory bar on its enforcement extended to First County Trust's right to recover the total sum payable on redemption, which included the principal as well as interest.’ SUMMARY OF WILSON v FIRST COUNTY TRUST LTD (2003) UKHL 40[ THE WILSON CASE MADE IT CLEAR THAT IN THE EVENT THAT THERE WAS NO ACCEPTABLE CONSUMER CREDIT AGREEMENT THEN THE CREDITOR COULD NOT RECOVER MONIES OWED UNDER ORDINARY CONTRACT LAW REGARDLESS OF WHETHER THEY COULD PROVE THE DEBT EXISTED OR NOT. THIS WAS THE DECISION OF THE HOUSE OF LORDS AND SHOULD THEREFORE BE BINDING IN THIS COURT. The law states that without a prescribed agreement the courts may not enforce under 127(3) and 1. In the case of Dimond v Lovell [2000] UKHL 27,[/font] Lord Hoffmann said , at page 1131:- “Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.” 2. Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:- “The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;” I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29. ” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1) (a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.” The Need to Complete the Statutory Demand Correctly The Statutory Demand has not been completed in accordance with due procedure. The creditor has not entered on the Statutory Demand whether the amount quoted is made up of principal only or whether it represents principal plus any interest and/or charges. If the amount is partly alleged to be interest, no interest rate is stated. The amount of interest forming part of this amount should be shown separately. How the charges have been calculated should also be shown. This has not been done. The Statutory Demand does not state whether the debt is due now or in the future. The Statutory Demand does not state why the creditor believes I cannot pay the debt. I DENY that I am liable to the creditor as alleged in the Demand at all. I, the alleged debtor, respectfully request that:- THE JUDGE DISMISS the Demand on the above evidence. THE JUDGE ORDER the creditor to delete all adverse information held on my credit files. THE JUDGE ORDER the creditor to pay my full costs in light of the distress and damage I and my family have suffered and to make an indemnity award. In support of this request, I would also like to refer the Court’s attention to the authority of the High Court in the case of:- Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:- '27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner). I believe the facts herewith in this Statement are true. DATE: ___________________________________ SIGNED: _________________________________ Applicant

You do not want to be discussing the first part on the site. Not at the moment. You may benefit by keeping your job. May I suggest that you start looking around for another job. If your company is in a second wave, its future is not looking bright. Can't hurt to look, even if you do keep your present job for a while. Regards Liz

what is breaching SLAa?

sorry, tired. not making sense. that was male, not make. an appeal is different to a grievance. you need to lodge both. the company cannot say there is a ban on executive travel when they are dealing with redundancies. It's just tough! They have to turn up in person. you have the right to ask what issues they are talking about. But you need to ask this in writing and request a reply in writing.

Hi Gordonsky The process for raising an appeal should be in your company handbook. I suggest you do not wait for your final letter. Raise a grievance immediately. It is discrimination to make you go through a telephone conference with bi-lateral hearing deficiency. Raise a grievance about that and inform them by a separate letter that you consider it discrimination against a medical condition (however you wish to describe it) of which they are already aware to inform you that you will be going through a second telephone conference. (Hope I'm making sense.) The time deadline for not having to pay an employee any redundancy payment is two years' employment. You were employed on 17.07.07. You do the math! You can appeal on the grounds that you consider you have been selected for redundancy because of your hearing "disability". If you are going to argue this you need to know it thoroughly, so go on the net and look up disability discrimination. Are you make or female, by the way? and what is the split in your company of the people who are doing your job? Who else is in your department and how long have they worked there? When you trained the new people, were they already technically officially employed by the new company? And presumably, you were not? If that is the case, a tribunal would view this as evasion, and see your not being offered an alternative to redundancy, ie, lower salary, (same salary as the new people), and one of the new people gets dismissed, as unfair dismissal. Regards Liz

If you want to keep your originals, put these in your own bundle and hand the judge copies, but be prepared for him to moan at you - and ask for the originals. That's when you hand them over and say sorry. If the judge gets testy any time, say sincerely, "I'm only a lay person. This is all new to me."

Hi I was trying to transfer my Affidavit which I transposed into a witness statement but for some reason it was showing all the font directions, so it hasn't come out very well. Anyone know how I can get it to appear without font instructions? It's the one I used successfully against American Express. What's showing above is a cover note. Your witness statement attaches to this by paper clip only. From reading the Order, the Judge only wants to see your evidence. You will have to attach to the witness statement (by paper clip only) a copy of each document or letter upon which you are relying to win your case. Each document is listed in the witness statement (eg, Doc 1, Doc 2, etc) and on the top right hand corner of each copy document you write in red pen "Doc 1" or "Doc 2". Then do one bundle for the judge (originals), one bundle for you and one bundle for the other side. You can also have other documents there if you want, and you can hand something to the judge to read, and the judge might hand it back to you. Regards Liz

In the type name of court in caps County Court Case No: type no In Bankruptcy PARTIES type your name in caps Applicant - v - CAPQUEST INVESTMENTS LIMITED Respondent By ORDER of DJ Judge type judge’s name on type date of order I, type your name, attach my Witness Statement hereto, having served a copy upon the Respondent. (NOTE: THIS IS A COVER SHEET FOR YOUR WITNESS STATEMENT SO YOUR STATEMENT DOES NOT GO ASTRAY. ATTACH IT BY PAPER CLIP ONLY TO THE FRONT OF YOUR STATEMENT, AND OBVIOUSLY TAKE THIS NOTE OFF.) NOW, PUT YOUR WITNESS STATEMENT ON A NEW PAGE I, Type your name in caps, of (your address), Do Make this Witness Statement as follows:- I do not admit the debt because the creditor has not provided any evidence of its claim as required by the Consumer Credit Act and is prevented from enforcing any claim until it does by the provisions of that Act. And further that the creditor is bringing a claim under the Insolvency Act 1986 in order to circumvent the lawful prohibitions placed upon it by the Consumer Credit Act 1974. The debt is totally disputed. The creditor has not provided any legible copy of a copy of the agreement referred to in ='Arial','sans-serif']“The creditor must…be taken to have made a voluntary disposition, or

Many thanks, JonCris and Suetonius, for the website links. They're both very useful. Regards Liz

Hi de howletts, I saw much the same on the Direct.gov.uk site. Thank you. Birmingham Midshires, aka BM Solutions, are owned by Bank of Scotland. You know, it occurs to me that there will soon be a monopolies commission issue, if these banks keep buying each other. Regards Liz

Subject a little "off-piste"??:grin::grin: (Meant in the best possible taste.) Liz