Onward and upwards Pompey you deserved that pint afterwards. I bet PT has got you at the top of his subscriptions list In the words of 42Man 'Go fillet their donkey' Well done AL

I see there was a witness but did they sign it. A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement. [1] That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy. Not sure if it helps.

Just out of interest is that guarantee on headed paper if not is there any headed paper that came with it

yes thats great and sorry to be a pain the one with the yellow highlighted area

Est could you just post up that contract again and the sheet with their costs on only those two. Sorry 42Man if Est could get down to £750 i think Est would pay the lot:eek:

i understand that it is not a commercial contract but you need to find out if they should (as they stipulate contractual fees added)have explained in writing what the default fees cost are at the inception of the contract. I think ive worded that right

take 3 copies of everything and also copies of anything you wish the judge to see to validate your set aside;)

Est I have sent you a PM http://www.nationaldebtline.co.uk/

subtle and to the point And you forgot the bit about 'Go fillet their donkey' AL

I was asking PookeyMonkey if he claimed his costs after filling thee SD as you are fully entitled to do. You being a Litigant in Person are allowed to charge £9.25 an hour for your time in preparing your set aside (so say 8 hours checking the necessary legislation and 6 hours preparing your Set Aside, Postage costs, traveling @40p per mile (return journey) So it is worth claiming costs just make sure they go in at lrast 24 hours before the hearing:D:D AL

HI Zara Has the claim form come from Northampton?

Did you claim your costs?

1. i might be wrong but i would have thought you are trying to resolve the issue. And in the current climate stealing your house off you would do no good at all if you have little equity in it. 2 Seeing as they make up almost a third of the total they are asking for id say they were excessive.

i may be wrong but i would have thought if they mention default/overdue payments in their contract they would have to show somewhere how much a charge is. And they certainly mention collection and database default charges on their collection notice of the 24/11/08 Another link might be useful Business Debtline - Bankruptcy

Compound it take to mean reach agreement, alter, settle amicably to discharge from obligation upon terms different from those which were stipulated; as, to compound a debt

You have made several reasonable offers. When they are saying contractual, did you sign anything. Have you looked at this http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Sec 2.10

s271(3) IA 1986 gives the court power to dismiss the petition if it is satisfied that any of the following apply: The debtor is able to pay ALL her/his debts; or The debtor has made an offer to secure or compound for the debt and the creditor has unreasonably refused it. (The onus would be on the debtor to prove that the debt was unreasonable refused – the offer would have to be realistic and practicable. A creditor is entitled to consider their own interests, but a rigid application of an organisation’s policies could amount to “institutional unreasonableness”. My own interpretation is that if a creditor doesn’t adhere to the OFT debt collection guidance then I would argue there is institutional unreasonableness being carried out. Whether or not a judge would agree is another story!

Were all awaiting a full briefing Pomps is having a pint and all i have is a cup of tea:( AL

Here adapt this Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. - A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization. -Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. -Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. - Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data. -Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I enclose a cheque in the sum of £10 to cover your fee. IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION. I look forward to hearing from you in the first instance of receipt. Yours faithfully Your name Sign your signature and put a line through it so you will know if you see it again:o You never know They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it. _______

And this alleged debt is is a credit agreement if so...... Add to your SD in the affidavit part No Notice of assignment received No default Notice received. No letter before actions received That you dispute the debt as you believe the amount stated on the SD of £****** includes a substantial amount unlawful penalties. Send this registered post to the Original creditor put in a £1 PO. and keep the receipts safe. time scale on this is 12 working days +2 for delivery 1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully Mr A N Other Then send this SAR to the OC this will cost you a £10 PO but it will get all the info they hold on you including all your statements so you can claim back all the penalty charges they have applied to your account amongst other things. Time scale for this is 40 normal days +2 delivery days Adapt it to your needs Will get back to you with this shortly . . REmember keep the receipts for postage. Keep all communication with the other party to letters and keep their envelopes. Dont rush to get your set aside in you have 18 days from the time served. Post it up here on your thread to allow it to be checked you want to get it right, dont rush. Anything else just shout AL:D

Hi Lantana You seem nicely on the ball you would expect them to have an assignment but as we know they rarely follow the rules:eek: How was the SD delivered just out of interest. AL

morning chris well i bet that b@ggered up his day:eek: It will probably be a few weeks before the court lists it so you have time to scan a few threads and make notes on things for your defense. And dont forget to get your costs sheet ready they need to be at the court at least 24 hrs before the hearing. LIP=£9.25 an hour+traveling 40p per mile+postage+parking/bus fares:D AL

Hi terlyn Could you post up the default notice less your personal details.(this is important) Did you receive a letter before action Have penalty charges been applied to the original account Did you receive a Notice of assignment How long ago was the agreement taken out To answer your questions if set aside this gives you time to set out a defense to the alleged claim. Yes you will probably have to go to your local county court or the closest one to you that deals with bankruptcy. No wigs and black cloaks just a normal dress in a room with you the DJ and the other side(if they turn up). Your quite right that they cant make you brpt if the sum is under £750 but they are adding their costs which is no no anyway. I would neither admit or deny any debt AL

Hi again I will pm a site team member to look at your thread (about 9am). Try remain calm you have some time to get this sorted. As the SD itself costs nothing, (thats why they dish them out like confetti) they just download the forms from the gov. website, the only cost is the actual service (the delivery method). The cost of enforcing the SD by a court costs around £750 so the amount of costs they have claimed seems excessive and i believe that costs are added after a claim is decided by the court. Ok was the money lent by the bank by way of a loan through a personal account or a business acc. or an overdraft. Was there an agreement. Were any charges (late payments ect) applied. If the account was subject to an agreement was a default notice served. Did you get a letter before action. If you could clarify the above it will help. Thanks AL

Thanks Andie:) There you go perfect better than writing and you get the chance see how MPs earn their money. The website i listed in a post above will have all his/her details for contact. And much easier to explain things face to face:) AL