Thank you, that clarifies things.

Restons solicitors acting for Marlin capital recently agreed monthly payments via ccj which have been kept up to date, but now I have just recieved a letter from Restons stating an interim charging order has been obtained and they have sent me a copy of the application. Surely they can`t do this unless payments are missed? I have rang Restons and they say the letter was sent out as matter of course, and agreed no payments have been missed. But now im worried whats going to happen next. Can anyone please advise me what if any action I can take. Thank you

Also can anyone point me in the direction of the set aside forms, i cant find them anywhere. All i get is error code 404 when searching for them. Thanks

Already reclaimed charges and mis-sold ppi but they just took that off the overall debt.

I recieved a statutort demand last week from 1st credit T/a Connaught collections. I sent them a letter back stating an offer of weekly/monthly standing order payments but they sent a letter back today saying they were not prepared to accept my offer, i owe them just under 6k for credit card debts. I dont see the point in asking for my cca again as it has already been provided and seems enforcable, so it looks like they are going to take it all the way and push for bankruptcy, i have already explained my mortgage is more than the value of the property but that doesnt appear to have been of any effect. I only have 11 days to sort this out before the proposed bankruptcy proceedings commence. Any advice would be greatly appreciated.

But it said on the summons NOT to post it to the courts, just send the reply to RBS. i rang the courts today but got no reply.

A few weeks back i received a summons from northampton county court, i am admitting their claim and i filled in the paperwork along with incomings and outgoings etc and posted them back to RBS Edinburgh as per the instructions in the letter, but today i received another letter from northampton county court saying i have failed to reply to the claim form:( does this mean that RBS have failed to pass on the paperwork to the courts or maybe they are just being awkward and saying they never received it. i will ring the court tomorrow and explain it to them but is there anything else i should do? todays letter also says i must pay now in full, which will be hard as my bank account has been in the red for years and i told them this in the letter. i cannot find 6k and i offered them £1 per week... which i suppose is irrelevant if they say they never got the letter!

The debt was for 12k, but when they decided the ppi was mis-sold they awarded 4k but took it off the debt therefore reducing the debt to 8k. The debt is now nearly 9k with all the added extras. The FOS are looking into it but it may take a while as they are snowed under:rolleyes: Looks like im in a no win situation, but they cant have what i havent got, and we certainly dont have 8k going spare:( This is just the start of it because we are expecting our other loans and cards to follow suit:(

Firstly, you need to send the telephone harrassment letter. I have already done that as stated, but it made no difference. Besides, its not the phonecalls that worry me.... its the thought of going to court and having a judge tell me that i must pay every spare penny i have to these vultures:mad: yes yes i know its my problem and i shouldnt have got into this mess in the first place, but if they hadnt kept raising my limits it wouldnt be so bad:(

Yes, dates are correct. We also contacted the FOS about this because they took 4k in mis-sold ppi payments off the account instead of just the arrears:mad:

Yes, and its enforcable apparently. Even did the SAR bit too. Sent off letters asking for lowered payments, and letters for harassment etc but they still insist on ringing 4/5 times a day:rolleyes: looks like ive just got to suck it and see i suppose:(

My o/h has just recieved a letter from Blair, Oliver and Scott re; Notice of intended court action. They are acting on behalf of AA personal finances with regards to a credit card, we have already been issued with a default and the account is £9000, i have recently got myself another job (thank god) and im earning approx £300 per week although its a zero hour contract, which basically means they could lay me off at any time without pay:(, My wife is only earning £75 per week and things are still a struggle. At the moment we are approx 40k in debt and its just a matter of time before other DCA`s start legal action, we have been through the process of sending letters and requesting agreements etc but now it looks like we are really in the s%*t:( We have done a budget planner and are left with very little each month, if anyone could give us any advice we would be very greatful.

Posted a letter off today to the FOS, i will let you know the reply when i get it.

Is there nothing i can do to try and get the payments back?, got another letter this morning stating that because there is a default notice on the account the money that i have been awarded £3663.00 is all going on paying the debt:mad:

I was in the process of claiming back my mis-sold ppi from HBOS for an AA credit card, i received a letter from them saying i would get a payment within 10 days but because i had arrears they said they would pay them off and i would get the difference paid back to me, but the account has been assigned to Albion collections for recovery a couple of months ago. Any way today i received a letter from Albion collections and approx 4k has been paid off the account, this was the amount i should have been getting back for my mis-sold ppi, i had recently sent off a SAR to HBOS regarding the account, there was no mention of the debt being passed on, or any info on the ppi. It has been mentioned in other threads about the difference in interest payments on the agreement and because there is no mention of the ppi on the agreement that this could validate the agreement due to different interest rates:confused: Is there anything i could do about trying to get the ppi payments back, or am i stuffed because it is in the hands of a collection agency. Any help much appreciated

i have just found the only thing relating to ppi on my sar data (apart from on the statements). its on one of the screenshots, and it reads as follows: MEMP *CREDIT CARE FLAG SET 10/10/02 but thats all i can find.

No worries about the cca, i appreciate your help on the ppi situation:) To be fair i would be interested in getting back whatever i can, but on the other hand things are so tight at present that i cant really justify spending £10 on another SAR, im even having to sell off bits n bobs just so i can afford to eat, my benefits have dried up ( 6months of jobseekers ) and i just cant find another job:( If they offer to pay off my arrears and stick a possible large amount into my bank i would snap their hand off, and if i could then start chasing them again i would happily do so. But as this has now been passed to a collection agency it would be just my luck to receive nothing at all:mad:

I sent off the SAR request on 22/6/09, and they sent out the data on 5/8/09. I sent off the request via a cag template letter asking for ALL data with regards to credit cards and loans (we have a loan with AA but they supplied no data on this). I sent a letter regards the mis-sold ppi on 17/6/09, on 29/7/09 i received a letter from ALBION COLLECTIONS stating i need to pay £12000 immediately because i am in arrears. Can i ask if you think the agreement is unenforcable due to the interest rates being different ie, interest was being added on top of the ppi payments. My agremment is below, and many thx for your quick replys:)

Thanks bankfodder, i have already done the SAR thing, and i have received the following....A copy of the information held on the customer system. A copy of the information held on computer by card services. A copy of the information held on computer by collections & recovery. Acopy of the information held on computer by customer relations (ie; information held on common processing system and solve.it system). There is no mention of any ppi application, it just shows the amounts paid on monthly statements. Im not sure what to do with the SAR data because it all seems gobbledegook to me:confused:

Ive managed to scan the letter now, so if anyone could take a look and give me an opinion i would be much obliged.

Thanks for the link middenmess, if im reading the post correct then it means an agreement would be unenforcable because because of the different interest rates as stated on an original agreement, ill check the agreement again and compare the interest rates. If the above is correct and it makes my agreement unenforcable what would be my next move, im presuming a letter to hbos stating the difference in the interest rates, also would this mean i could claim back all the late payment charges etc and demand a full refund on the ppi payments. thanks for helping

Cant scan the letter at the moment, but it was mis-sold on the grounds i never applied for it and it was added without my knowledge, in total i have paid £2,400 and they are adding 8% on top. It was for an AA credit card, its taken a couple of months for them to sort out. Does anyone know if the original agreement is invalid or not due to the ppi not being on the agreement? The letter states any arrears must be paid with any returns im due, which is £800 like i said, but they recently sent a letter saying i must pay off the card in full (12k) or they are issuing a default notice.... maybe i wont get anything back after all:-|

We got a letter today from Hbos finally admitting i was mis-sold ppi, but can anyone tell me if the original aggrement is in-valid as ppi was not mentioned on the original agreement, any how they are contacting me in a weeks time to tell me how much i have paid, i reckon its approx £2,500 the account is about £800 in arrears so maybe i will get a bit back:)

The letter states a rep will be visiting my address, sorry should have made it clearer. This will be the second time they have tryed a home visit, i sent them the "uninvited" letter last time they tryed.

Its an HBOS AA credit card, i have one, my o/h has one. we also have 2 AA loans which we are also getting a lot of harrasment over. How many times do we need to explain our curcumstances to them before they get the message:x They have also sent us a letter saying a rep will call next week, this is now the second time, even though we have sent off the letter saying that they have not been invited:rolleyes: