Thanks S, Thought as much. We will be throwing that into the mixer for the Judge. Just waiting to see what our solicitor says about everything. MM

Recent update :- Having sent a folow up letter requesting a legible copy of the CCA HBOS jumped the gun by initiating the County Court action, so today OH has received a second but equally illegable copy of same agreement accompanied by......... a set of very clear terms and conditions with someone else's name and address on. Is this a new ploy whereby if they can't supplied the correct documentation, they will substitute somebody elses. Would this be classed as disclosure under the Data Protection ACT? MM

It always pays to stay polite even though you may be thinking something else MM

Thanks, this is a great tip, will remember for the next time. You guys keep our spirits up ( and I agree - they are berks!!!) MM

I have lots of links and must put them in order, there is so much good info on here you could "link" or bookmark forever. I've also got a folder with very important info and template letters in just in case my computer crashes! MM

If we get the right results from this there's a very large "what ever your tipple is" waiting for you. We'll get it to you somehow. We're not brill with either tinypic or photobucket but I'm sure that practice willmake perfect. Some of you on here leave me in awe with the apparent ease at posting docs, links ect. Plus it takes me time to do things and my memory ain't that good, I have to write everything down in order to remember for the next time (hope this makes sense) I think you may understand this. MM

We're not letting CAB's attitude bother us, more interested in getting this sorted, as you've said we can deal with CAB later although it's not very good pubilicity for them. It's difficult for people to give true advice and putting docs on tinypic when you have to delete so much detail without giving the game away in case ":evil: trolls" are lurking on here but the help given is so very much appreciated , it lifts your spirits and helps to take the weight of the world off your shoulders. MM MM

Evening Boo. They were totally useless, didn't even look at the papers or listen to anything I had to say! The only "advice" was... "you obviously must own them money & if you do contest you could end up paying court costs and fees and when you filled in the court papers send a copy to the creditors to let them see what your defence is, " I could have got better advise off our dog! We're trying the other links and will phone around tomorrow for an appointment. I'll keep you informed as you are & have been a great help and support for us. I'll keep posting what happens as and when, so please stay subbed. Hopefully well get the right outcome. Fingers crossed heh? MM & MM'sOH

Does anyone know a good solicitor in the Stoke area that gives free initial advise please. CAB were useless, they informed me before even sitting down that there was no money for funding debt advise. I wasted 3 hrs of precious time to be told this. OH needs someone to have a look at these Court docs to see of the discrepancies would stand up. MM

Went to CAB to make an appointment which was an absolute waste of time!!! First thing that was said was "no money for funding debt advise" - gee thanks if they'd even bother to answer the phone they could have saved me 3 hrs of precious time - all I got was an envelope with leaflets in! Anyone know of a good solicitor that give free inital advise in the Stoke area please? MM MM

Its not that easy to read and I wear glasses! The docs go on about a cheque book and card, and not going overdrawn, I can't seen any reference to a credit card. Neither can I seen anything mentioned about Credit Card agreement or termination rights. Oh asked them for a more legible copy but they've said they don't need to send one as the "relevant information" is legible! I'll get OH to look more closely with a magnifying glass, that's how bad it is to read! MM

I dont think OH still has the default notice I'd have to ask him. It's the discrepancies with the dates? The docs they've sent OH just don't match the court docs. If you could take a look back through the thread you'll see what's been going on.(please read posts by Shadow and Bazooka Boo) I'm baffled by all this, OH seems to have lost the plot, (he's only recently had a biopsy for cancer and still awaiting the results) On the docs they've sent OH it suggests an overdraft limit(?) nothing about a credit card & as mentioned the dates don't match, one set of docs says 1996 the other is dated stamped 2002:confused: Oh is at work at present but will ask him about the default notice (if he ever got one) we were having trouble with post going to other addresses in the street and not being passed on, which we took up with Royal Mail, (and I've still got the replies from them) MM

Sorry Supa OH hadn't allowed email viewing ( he's a stupid idiot). Try the link again please also this one Home - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and click on the HBOS01 file again please. OH is panicking so doing everything in a hurry and making mistakes. I've told him to calm down as this attitude and lack of attention to detail could cost him big time. Thank you for looking. MM

Urgent help required please Please can someone have a look at these documents for my OH we've had some great advise off Boo and Shadow but would appreciate further assistance. TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (click on the Albums(3) and then HSBOS01 please) this should then show the documents I'm referring to. In brief the info on the County Court summons doesn't match the documents they've sent to him, in that the date on the copy agreement they've sent him is 2002 date stamped whereas the Court Claim form states agreement date of 1996. MM

Ok at the top of the page it says Albums (3) click on that and it should come up with various albums click on the one marked HBOS01 and all should be revealed (fingers, teeth & eyes crossed this time hee hee) MM

Hi Boo this is the link TinyPic - Free Image Hosting, Photo Sharing & Video Hosting Hope it works this time, fingers crossed heh? Its the one marked HBOS1 MM

HI Boo, Thanks for responding. First please try the link again, I put an extra letter in the link box (me n my dyslexic fingers). Bank of Scotland received the account in dispute letter sent by recorded delivery, but didn't sign for it and no response as yet. OH is considering completing the defence and counterclaim section because of the anomalies as to dates. Do you think this is wise????? What route would you take????? (Never done anything like this - ever!) As for CAB haven't been able to get them to make an appointment on the phone as the line is always busy, and OH is only just mobile again after his biopsy. As for the other info regarding the Financial Ombudsman and OFT he'll get on to that straightaway and I'll be back on the phone on Monday trying to make an appointment with CAB. (They are always totally inundated in this neck of the woods) MM & MM'sOH

Thank you for your fast response Boo, your words of wisdom always calm the situation. Here's the link to HBOS01 -http://tinypic.com/1aqtz/4 OH has noticed that under the Particulars of Claim section they have quoted "By an agreement dated 3/12/1996 the defendant has an account number XXXXX with the claimant" the copies of the agreement sent by HBOS show a date stamp of 23rd July 2002. Would this have any bearing on the validity of their claim please? Just noticed that under the Particulars of Claim section there is a declaration relating to the particulars which requires a signature to confirm the facts are correct , this is a printed name - is this legal?? MM

HBOS have served OH with claim form at Northampton County Court Requested copies of docs under CPR31.16, letter received saying they think they are legible and in order. Really panicking now & feels he should contact lender to arrange reduced payment schedule as he can't cope with court action. Any advise will be greatly appreciated. MM

Thank you both for re-confirming this, as previously said, Shadow had mentioned it in an earlier post, as a moot point, but we didn't understand the significance being new to all this, both myself and OH can't thank you enough for taking the time to look again. Will post again when we have the next developement. All this advice is greatly appreciated. hope you both have a good weekend. MM & MM'sOH

You had mentioned it Shadow, in a previous post, but didn't realise the significance of what was being said. We are being to understand a bit more now. All thanks go to both you and Boo in assisting us with this matter. MM

Thanks OH will send them the account in dispute letter, including a letter relating to the OFT guidelines on collections and a SAR. That should keep them busy for a few days. This alleged debt is mainly charges and interest now anyway. Will keep you up to date with any further crapo-pondence from them and many thanks. rgds MM & MM'sOH

OH says that the facility has always a credit card arrangement whereas an overdraft implies OH has a bank account with B of S which he doesn't. The "overdraft" amount as mentioned on the form isn't the amount of credit he's been given. The original amount (which he cant remember) has been increased by them without him asking or signing for it as he remembers. MM

I agree with paying back debt but not paying extortionate interest ect. IMO the Government should stop excessive interest rates being charged. If the base rate on savings is so low then there ought to be a limit on the rate charged by lenders. Didn't the Government slap Loan Sharks? This is what most lenders are! MM

I'll ask OH about the credit limit when he gets back home from work, so I'll come back on later, about 7pm, if that's ok? rgds MM