Congratulations

Hmm, just been reading about redetermination since the last post, was unaware it was called thus. thanks Ganymede.

Thanks Andy, helpful as always. You guys are a credit to the forum. I have practised your long 'no blinking' game for a while now and have had two years of respite but fear the weight of the financial institutions may be about to descend my way.

I have a ccj which I didn't contest, I owed the money and all documentation was correct. I filled in all the forms and admitted my liability etc. I made an offer of what I (or my wife more accurately) could afford per month. This was accepted, and no payments have been missed. Today I received a letter asking for me to complete an income and expenditure form within seven days as they are looking for me to increase the payment. I am not working, marriage is not healthy. I have done a few bits of programming, earned a max of a few hundred pounds over the past twelve months. Can they go back to court and get a charging order even though I have never missed a payment? tia

Sorry can't be of any help, but subbing with inmterest. good luck.

Subbing with interest. Good luck.

Many thanks 42man.

I started receiving correspondence from Wescot in August about a debt to a bank I have never ever used. I sent the standard letter I saw on other similar threads quoting; I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. They wrote back asking for previous three addresses to confirm I was the correct person. I confirmed addresses and received no further reply. I thought that was the end of the matter. Then receive another threat of court action. I wrote again enclosing copies of my previous two letters and requesting details of their complaints procedure. Received a letter stating their client has sent copy statements and to commence recovery action. I have received nothing from the bank they claim the debt is with. They ask in their most recent letter; "How do I propose to repay the debt", "What is my dispute?" This is crazy, why should I have to go to all this trouble to prove they have the wrong person? Can I charge for my time? What do I do next? Footnote, I checked my credit file and this debt has suddenly appeared and it wasn't there at the begining of this year. The default is indicated as January 2010. I do have outstanding debts that I am doing my best to sort out, but this is just taking the rise trying to pin debts I have absolutely no knowledge of, on me. I have read some other threads and seen that contacting the police is one step in the process. This is our fourth adress in ten years and I strongly suspect this is a case of fruad as I have never ever had anything to do with the bank in question. It is also very suspicious of how this is being handled, very cloak and dagger, I suspect the bank and Wescot know they have the wrong person yet are trying to nail me for it as a last resort. They should lose their licence for this sort of sharp practice, quite simply. Any help would be appreciated. I have started my own thread as I suspect this is going to get to the court stage.

This one is surely the judge believing the verbal evidence of a bank employee over that of the defendant?

Guys, just tried a few times to donate and getting a fatal failure message. re: toolbar, how difficult is it to produce a version for each browser? I use safari but will revert back to ie for the time being and install the toolbar.

Thanks, managed to get the funds together and bought a copy.

I was about to purchase the latest edition of the small claims book through the CAG link. Before doing so, I could not find information that perhaps I should already know. Is this guide book only suitable for people defending small debts of less than £5,000? tia

Same here. Experto bought the debt, only had a couple of letters over the past six months.

I have spent many hours reading to try and determine if an agent acting on behalf of the OC can issue a default notice? The reading has been invaluable but I could not find an example of this scenario. I downloaded and printed the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. (Recommended for anyone not already familiar with the document. Apologies, closed all windows and lost link, will find and post as it is useful) Even if they are permitted to issue the DN, there is no mention of the OC address which is supposed to be included. All other components seemed ok. Does this leave the OC able to issue another DN as the agent issued the first one? :confused: There has been no assignment, the OC is still the owner and has used various 'agents'. Several of whom have demanded repayment of the full amount. This consitutes termination of the agreement as far as I have learned in my readings to date. Any thoughts appreciated.

A good read, and gl should you ever reach the stage where it is needed!