To All Who replied, Thank you all I really do appreciate your help. Unfortunatley it was paid by BACS last Friday. So all I can do is ask Natwest To-morrow. I asked Natwest to close my account they said that I could only close it if I paid the 2k overdraft off. Previously, I had stopped a DD for an unsecured personal Loan. in order to pay the mortgage. I paid the mortgage by card over the phone, this was "authorised" the mortgage people said; and gave me a "Authorisation code". 2 days later i looked at my a/c balance and found unexpecteadly I was about £400 up. After close inspection guess what.......... Natwest had "reversed payment". reinstated my DD for the personal loan Taken that. and "bounced" my mortgage payment.! I BET you can't imagine how I felt with the BANK.................? Oh, and charged me £38 for doing it... nice eh. Thanx All.

Ellenn On friday I told employer I had not received wages He said he would sort it On monday he got someone to ring me, as I was driving he said he would call back Tues. No Call... This morning I received a bank statement showing wages paid in FRIDAY INTO MY OLD BANK.. and all gone to pay default charges. Phoned employer to sort he said that he had now updated details but can do no more.. I had previously notified employer with my "new bank" details, and for the last 3 weeks everything was fine, I received them in my new bank.

My wages for last week have been paid into an old Natwest a/c they have taken the lot in default charges that they added on This money was to go to mortgage payment at the end of the month. so now I don't have the mortgage, (which is already 2 months in arrears) My employer has agreed it was a mistake, and has altered my details. I have had wages paid into my new a/c for the last 3 weeks. But says that he cant do anything about it. can anything be done...... SOON.

My wages have been paid into the wrong bank, My old Natwest A/c Instead of the NEW bank. (previously for the last three weeks no problem) Natwest have instantly swallowed up this money that is for my mortgage, with charges. (default charges) What can I do. Money is for mortgage end of month

Postggj Thanx for that. I thought I had seen it somewhere before but just couldn't find the relevant info. I shall send it off special "D". to-nite. I shall start a thread in a while. I need to get CCj setaside as I have a Final Charging Order case (currently Adjourned) in progress many thank's sir fussalot

Silverfox. No need to preamble as you have, "been there, Done it, and got the proverbial............ But, I am just starting out to remedy my previous misdemeaners which, I dont mind doing if they were to play fair . And despite all the "BULL" about.... "if you do get into trouble, tell your lender straight away". Yes tell them.. their smiles get bigger by the day. charges for this charges for that, administration costs for this that and the other Late this and That not to mention the collection "costs" even if you manage to pay them. Well its time to play by the same RULES that they do. You know the ones they DON'T want you to know about. When I first asked on this site for help you were one of the first to answer me.Just to have someone encourage you or point you in the RIGHT direction gets you to be able to think strait. Then you know you are doing something positive and ARE on the right track. This MUST apply to so many also in my situation .. So thank You so far... sir fussalot

Can anyone please HELP. I want to Request a CCJ Setaside from Northampton issued by Default in 2007. Due to Genuinely NOT receiving the Summons. Can I just put this as defence for the request and then get my full defence at the local hearing. Or Do I need a full "Beefy", defence from the start. About to request this afternoon so would appreciate a quick answer if this is possible.... Thanx.......sir fussalot.

Thanx Silverfox, YES that's the one I used it to Scotcall and had a reply within 7 days confirming that, " They were only following OFCOMS guidelines", BUT .. confirmed that they had taken my 'phone number off their database. And Thank You dx100uk, I have just laughed until tears came....

Andyorch. Thank you and everybody for your Tips, it IS most appreciated.. I did get a TINY thought of "is it worth it", as there is a lot to do... However, I have just, (7.45.p.m.) got off the phone from a "gentleman" at Robinson Way. He liked the idea of playing games with what he could tell me and what I could tell him about who I WAS. !.... SO... for the 3rd Time this week. (and it's only Wednesday ) i told him NOT to contact me by phone BUT, put everything in a letter. I get the feeling the time has come for ME to send HIM a letter. Like the one I sent to Scotcall. If someone could tell me HOW to, I would put a link up. (its the standard one about not phoning; that's in the library.) That worked well.. As this case is going thro.(re charging order) Robinson Way have now seemed to escalate their phone calls and letters. They are now asking about 2 other DEBT'S. SO, the answer to "is it worth it"...............YOU BETCHA..

Supersnooper./Silverfox, Thanks very much for your help. Would a course of action be to SAR now, and in the meantime ask for "SETASIDE" on the CCJ. And then on the court date. OR BEFORE the date write to the court, and the CLAIMANT ask for another ADJOURNMENT, explaining what was going on, as in waiting for replies etc... (writing to the Claimant and letting the court know as a courtesy).. Just a point! don't know if its any help. I didn't reply to original Court date so CCJ was gained by default. ( What a FOOL. I didn't know about this site then.....)

I had a CCJ by default in June this year. Thro' one thing and another ignored all letters from Robinson Way. Then they put an interim C.O. on the house then went to court for a final. I went to court to try to stop it and managed to get an adjournment 'til 22nd October. On the 1st September I sent a CPR Request. (special D) and have received.... Nothing, As the hearing date is LESS than 14 days away Can I ask the court to make them supply this information.. and....if so HOW do I apply. and when. In the meantime I have discovered this site. So would like to keep everyone posted for the duration.... I would be trying to get the original CCj Set Aside if the Agreement is Suspect. (would I be Right in trying for this action?)

B3rty. thank you for your comments. they do help. It's one thing Reading all the threads and thinking you know which way to go...... But when its YOURSELF in the middle of it. You do have DOUBT'S. Thanx All Ill post my "Defense" later... sir fussalot

C.C.mug. Sorry, you asked about the card..... It was taken out in Dec 2002 according to the AGREE..... sorry! the aplication form. I genuinely can't say f I received a D.N. When you get into trouble, everything starts collapsing around you at a faster and faster pace. In the end your that confused you get past caring and you "Let them get on with it" Before you know it, you have half a dozen CCJ's. I only wish that I had the opportunity to use a site like this then. As i said, The T&C's they have sent are different to the ones Cabot sent in April. So. the fight start's HERE......

C.C.Mug. To tell the truth, I had been looking at the site for about a month. Getting ready to put it all into practice... Then when I phoned the court to see when my defence had to be in, and they said I was A DAY Late.. I panicked, and All thoughts of what I was going to do Shot out of the window.... The man I spoke to was VERY helpfull, and told me to FAX it a.s.a.p. this I did then Special Del, it the next day. My mind went completely blank, I couldn't find any of the pertinent responces that I had copied ready to send. I just told them that as I hadn't got their details of claim. I couldn't really supply one. I will post it up later. I have just finished a night shift soI am ready for bed. Thanx for your opinion. sir FAL..

Hi. Spamalot. Thank you for your reply. Yes I have acknowledged the claim (online N.C.C.) and sent my CPR 31.14 request Their (Morgans), reply to my request was as above... In the meantime of waiting for their reply I had to file my defnse.I expained I was waiting for particulars of their claim so I filed an Embarresed defence. I have had an acknowledgement of reciept from the court who have sent a copy to Morgans/Cabot. I'll be honest I don't know what to do now, 'cause what they have stated at the bottom of the reply about only claiming arrears.?

ORIGINAL CLAIM on Norhampton C C summons "Particulars of Claim.... The Claimant is part or the Cabot Financial Group and has purchased the debt(s) scheduled below, despite requests for payment the Defendant has failed to pay the sum of £3405.09 in relation to the Defendant's Monument Credit Card A/C No- XXXX And the sum of £3570.09 together with interest under section 69 of the County Courts act 1984 and costs". Now it appears they aren't trying to claim the Credit Card (with the non enforcible "agreement")... I think

THIS is the reply to my CPR request. MORGANS Dear madam, Re;Cabot Financial(UK)-V-XXXXXXXXXX Claim No XXXXXXXXXX Thank you for your undated letter received by this office on the 4thOct.2009 Please find enclosed by way of advance disclosure the following documents 1 Copy of Agreement in relation to your Monument Credit Card account 2 Copy of Terms and Conditions in relation to your Monument Credit Card account 3 Copies of account statements 05/06/03-04/08/06 We have requested a copy of the deed of assignment from our storage facility however this may take up to a week to retrieve. In regards to your request for a copy of a default notice, the claimant submits that theClaimant was not required to send a Default Notice to the Defendant. It is submitted that the Assignor or Claiment would only be required to send such a notice under section 87 (1) of the consumer credit act 1974. (“the act”) if the Claimant wished to : a) Terminate the agreement; b) Demand earlier repayment of any sum; c) Recover possession of any goods or land; d) Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred: or e) enforce as security. The Claiment submits that as it does not wish to enforce any of the circumstances listed in Section 87 of the Act Accordingly, neither the Claimant nor Assignor was required to send a Default Notice under that section. The sums claimed by the Claimant as Assignee of the debt relate to arrears only. Yours Faithfully, Morgan Solicitors Now I'm Not sure what this means could someone please Help...

Could someone please advise of this one then... I have been reading and absorbing your excellent site for a month. (and am Still confused. lol) My wife is being taken to court by Cabot for a CCJ regarding a Monument card. She is of the opinion that "Cabot would not send all this court stuff if they weren't able to, and that MY writing letters and defending etc will only cause us more expense." THIS MAKES ME SO ANGRY. as I have first hand knowledge of the scams they try to dupe people exactly like my wife into believing.They are Lawful After getting info from CAG. I asked Morgans (the solicitor for Cabot) to send details from a CPR 31.14 request, giving them 7 days. Yesterday I received their reply 1 month later.Unfortunatley I forgot to put the date on the request but I did "spec Del" it. it was signed for on 4th Sept. Morgans thanked me for my "undated letter, which they recieved on the 4th Oct" then their reply was dated 5th Oct (thts what you call a swift responce.) All it contains is an application for a credit card for Providian. Stamped accross the bottom it says "SUBJECT TO CREDIT APPROVAL" There are No T&C's or interest etc. SO, I have concluded that this is unenforcable. Plus they have sent 3 pages of T&C's just about legible. one section reads late payment fees will be charged at £18. However statements show LPF's charged at £25. so I know that this is NOT the original T/C's. ALSO in April 2009 I asked Cabot for the self same agreement. They sent me the same application form but different T/C's. so something is not right. BUT HERES THE BEST BIT..... "In regards to your request for copy of a Default Notice The claiment submits that the Claiment was NOT required to send a D.F.to the Defendant. As the sums claimed by the Claiment as Assignee of the debt relate to arrears only.;" This is the bit that is worrying me. Any thoughts please.. sir Fussalot

Sorry I can't post the agreement if you email again I'll mail it to you if you want.But it says; "You have failed to make the minimum payments due to your a/c as required by clause 10(2) of the T&C governing the use of the A.E. C.C.To remedy this breach the payment due on your a/c of £9.00. must be received within ten calendar days from the date of this default notice. If the action required by this notice is taken before the stated date no further enforcement action will be taken in respect of this breach. If you do not take the action required by this notice before the stated date then further action set out below may be taken against you." then the usual....agreement will be terminated etc.. if you want this bit I will post it. hope this helps...S.F.

Alphageek, I think that I have uploaded your copy of Amex DN; if not can I send you an email with an attachment, OR can you tell me How to add it to the reply. Thanx

Sorry A.G. I "Cannot Communicate with the printer/scanner".. This needs a Higher Authority than me..I will ask my daughter Monday. I hope this is o.k. for you. cheers, sir Fussalot

alpha, certainly, I will try. Though I may have to wait for my daughter to actually do it to-morrow. I will have a go now.

I have one from April 29th 2006 giving 10 days or they MAY enforce etc...