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Ok, that info is very interesting, should I go this route even though I have already sent prelim letter and LBA letter requesting that they remove default as in template letters, or do I go straight to N1 form with claim of £312 plus removal of default notice?

Well blimey, dca supplied cca but not any signed agreement from my wife to any payment plan to the dca, do we ignore this new demand letter or request the non produced (and as i believe) non existent signed agreement

ok, I cleared account on the very day I received the letter from capone informing me that they had filed a default against me. What chance do I have of getting the default removed?

Thankyou lookingforinfo, As usual you have the answers I need. Hopefully this should be the end of the matter.

Sent cca request to Aktiv Kapital on 6th Nov, recieved acknowledgment of request on 10th Nov. 12 day deadline ended 22nd Nov today recieved message on phone to contact Aktiv Kapital They have failed to supply cca so can they still pursue the debt?

Thanks Rooster, that was the answer I was hoping for. will progress as you suggest

Last month my wife received a demand for payment of a debt from a dca in her maiden name, we know this debt is over nine years old because we have been married over nine years. As we had no knowledge of this company contacting us before about this debt my wife wrote to them with the standard statute barred letter, they then replied saying that she wrote to them in 2002 agreeing a payment plan. They even produced an alleged copy of their reply to the plan, but not my wifes letter to them. I know she would not have made any agreement as she has always hidden any letters (from dca's) from me. My question is where do I go from here, we have no record of this debt (9 years ago) and I certainly do not know of any agreement made to this particular dca.

Rossendales, uselessdales more like I am sorry that you have to deal with these idiots, I too had dealings with this company, totally unhelpful, arrogant Bailiff MR WOOD, I was charged £72.50 for him to turn up at my house at 6.30 am claiming to take my belongings, but did not even knock to discuss (he had no intention of doing so), refused to accept standing order payments so I had to take time off work to go to the bank. Try all that has been advised to you, but be warned uselessdales will not help you at all.

with the Arrogance of the bailiff I am dealing with, I will not put my family at risk, and the dog is part of my family, so I have paid the idiot to get rid of him.

AND THE DRINKS ARE ON ME 5.30PM amount claimed in my account with no conditions For some reason the interest was not? I worked out that the interest to date was £1089 on the original claim of £4100 the first being a charge of £27.50 on 1st August 2001 this being 2285 days worth of interest = £13.82 or have I got it wrong and the interest is only calculated from the day I first claimed: total claim £4100.50 Claimed 19th May 2006 = 168 days interest = £151.55 interest? either way should I write to SCM in order to get the interest?

2nd November 2006 Contacted Sechiari and co today to request when they intended to supply their documents so that I could prepare for our meeting in court, Surprise surprise, they had no knowledge of the hearing as they did not recieve the notice from the court, even though I reminded them in my letter to them when I sent the pack to them, However they have contacted the court and will put something together today. Should be good!?

Ok so the bailiff can break entry to access my property, NEW QUESTION I have a German Shepherd dog, will the bailiff attempt entry, if so would my dog be in danger of harm if, as he is trained to do, my dog defends his home from what he believes is an intruder.

I thought that signing the walking possession would be my achilles heel, however the letter you offer will makeit worthwhile to give these people something to work on. Thanks.

Thanks for that, It will be most useful.

Ok, The original debt was for council tax, £73.61 First visit the bailiff attempted to enter my house to carry out walking possession. I however did not allow him access, however I did not know that I did not have to sign the paperwork so signed. Contacted them to set up standing order payment, but I could pay cash into a giro account at extra cost, 'CASH', EXTRA COST. ITS CASH, FACE VALUE, IN YOUR POCKET. second visit turns up before 6.45 in the morning and posts through my door a notice of removal proceedings. It said: I have attended today with a driver/porter and removal vehicle with the intention of removing your goods and chattels as are necessary to discharge the above debt. as I was unable to obtain access to your effects I must now inform you of my intention to re-attend at your premises and that I may remove goods. When I contacted this bailiff he admitted that he had turned up ALONE and in HIS CAR so had not paid for any DRIVER/PORTER or REMOVAL VEHICLE with any intention of removing anything. Again by his own admittance he did NOT attempt to obtain access as he wanted to give me more time to pay up (so why add another £72.50 to the debt) Now I would have accepted all costs if he had turned up at a reasonable time and attempted to gain access (HE WOULD HAVE FAILED) and gone away, but to turn up with no intention to do anything is just grabbing free money.

can a bailiff charge you £72.50 for attending your property and just posting a letter that claims that they are attending in a van to remove items through your door, yet only turn up in their car and make no attempt to knock or make contact with you. the bailiff that I have just had the missfortune to be in contact with about this could not care less that he did not turn up with a van but said that he could still charge for it. "as he needs to make a living" This would not have got this far IF ROSSENDALES ALLOWED ME TO PAY BY STANDING ORDER. How stupid am I, that would be too simple for any company to do. Sorry to rant, still very angry!

BE WARNED today at 6.30 am this bailiff turned up at my house and posted a letter through my door, (did not ring or knock on the door). the letter stated that a Mr Wood had attended with a driver and removal van with the intention to remove goods but could not gain access. The amount to be collected was £73.61, after he walked to my door posted the letter and walked away, NO VAN PRESENT, the cost is now £146.11, adding £72.50 to the bill. I shall now be going to the council to report these Bailiffs of underhanded tactics and inform them that I will not be making a single payment to the bailiffs, or will I be letting them in to my house. I know my rights Oh yeah, when they first turned up to collect payment, they tried to put my next door neighbours car on their levy form 'IDIOTS'

Don't worry about that adam I will take this all the way if I have to.

30th October 2006. Monday post arrives and NOTHING FROM SOLICITORS. Contacted court for their advice and a very helpful woman on the phone checked the file and found our pack of documents, but nothing from the defence solicitors. She also mentioned that the District judge who is going to hear our case looks badly on solicitors who do not hand things in on time. We were advised to sit tight until the court date , or until we hear from the defence. 10th November cant come quick enough!

27th October 2006 well this is interesting. According to the court letter both parties had to send copies of all documents that they were to rely on in court no later than 14 days before the hearing. that day was today. As of 8pm I have recieved nothing from bank or Sechiari, clarke and Mitchell. Does this mean that they will rely on nothing (good luck with that) or is there some stupid loophole that solicitors know about that gives them more time to get their act together? They certainly know about the court date, the court must have informed them and to be doubly sure I mentioned it in my letter that I sent them with my documents bundle (sent by special delivery)

Sorry, my post was probably not clear enough. My sister is also a single parent on income support, but because she kept her bank account in order , every time she was called in to review her account they wanted to throw money at her, why? I don't know because she would never be able to make repayments. Thankfully she said NO! It seems that good account management is all that is needed for the bank to entice you into owing them more via credit, even if you don't want it!

In my sisters case, because she was very good with her money (I hate her lol) the bank kept on offering her Loans (one for £7000 and credit cards (platinum). and she was on income support. Me, working, paying taxes money going in and out of bank regulary, but somtimes going over agreed overdraft limit, NOT EVEN ALOWED AN ELECTRON CARD. We opened our accounts roughly at the same time. Need I say more.

But I made payments earlier this year. How will that effect things

Thanks for the info nathal. Just so I am clear, If they produce all that is requested I will have to continue paying them even though the default is over six years old?