I have a summons for payment of council tax from a neighbouring council to the one I currently live in from almost 2 years ago, when I rented a property for 6 weeks whilst refurbing mine. Now the agreement with the landlord was that everything was included in rent but he has since amended the agreement (poorly IMO) so that certain items are now due, one being the CT. The agreement was written not printed, and I am unable to find my copy. So the council have been unwilling to get involved or attempt to resolve this in any way. I have asked for nnumerous things including a meeting with the landlord where we can all inspect the original agreement. They just hide behind the DPA and makeit my issue with the landlord. One other point, the agreement is in joint names and my partner hasn't had a summons; only me. Is there anything I can do as I feel I have exhausted all avenues on this but don't want to go to court if I am just going to lose as its a waste of time (and a bit more money too). Thanks

Well Egg have finally sent me my info from the SAR but it does not contain anything relating to PPI other than a single paragraph in the loan agreement. Interestingly they have my occupation down as an entirely random job description I wouldn't have used. Would anyone be able to advise me if I should initiate my claim on the basis that this is all the information they have or chase them for the PPI documents they must have if they paid the premium on my behalf? Thanks AT

Hi All Hopefully someone can point me in the right direction on this one. I sent a CCA request to Egg in Aug 09 and got back a copy of what seems to be my agreement and a blanked out copy of the loan terms and conditions with no reference to my account or date; so I have not idea if they are relevant. Am I right in thinking that as Egg have not given me anything relating to PPI (other than small paragraph in agreement) they have not fully complied with my CCA request. Should I persue them on this or just send them a SAR to get everything else as well as I am loathed to send them money and buy them more time for the sake of it? My situation is I took out loan in Spring 04, and after being defaulted, paid off the loan in Nov 07. I have since been receiving statements and realised there is PPI on the loan. This is unusual as I was a sole director of small company and always thought I could not claim PPI so never knowingly request it. I believe I was mis-sold and am trying to get info to prove it. Thanks AT

Thanks Vex. No there was only a clause that they could go to court for the amount on the order if I failed to keep up payments. All very straight forward for the first time in this case. How are you getting on? Your thread seems quiet.

A closing post for this thread as it seems things have finally been resolved. I signed a Tomlin with NW for somewhere in the region of 20% of their original claim to be paid over 4 years with all charges taken into account. This seemed to be a good way forward and suits me. I did have to attend court as the agreement was reached too late to actually get court sign off beforehand. In and out in 5 mins. Thanks for all the help and support of the people on here.

I have finally decided on my course of action, so we will see how it goes. Not surprisingly the OD is full of unfair charges, although not the majority of the balance. I am therefore going to try and compromise with Shoos. It does mean all the amounts in the POC are incorrect. So, I am sending a letter asking for amended terms of the Tomlin; including removal of the defaults as I don't believe they are valid. If not it is off to court later this month, where I am sure I will see the judge stay the case until the unfair charges issue is resolved. If anyone can see anything glaringly wrong with this approach I would be more than grateful if you could let me know, after sitting on this for a few days it seems the most sensible way forward for me.

Hi Docman Sounds about right for the banks to hide behind whatever they can rather than admit when they are wrong. I am not 100% sure on my od situation. I assume I have a case if the charges put me in default and this will just be stayed until the OFT case is finalised. I will work out the figures over the weekend to see where I am at.

Thanks Vex. I did a lot more reasearch last night and it seems they can pursue part of the claim only, although it might be uncomfortable for them as the POC is incorrect. It seems overdrafts are a tough one to fight so it seems it may be wise for me to find the middle ground. I will look at charges on the account, plus I am thinking about the defaults on my credit file. I am pretty sure I can negotiate some movement on the terms of the Tomlin but how far I'm not sure. I'll build my case over the weekend and decide on the next steps. It seems to be better than going to court.

Hi Paul Hoping you might be able to provide a little more advice. Shoos have responded to my letter asking if they were still attending court. They have informed me that they will be going for a judgement on the overdraft only. Also enclosed is a draft Tomlin Order for a monthly repayment plan for the overdraft that they have invited me to sign and return. Can they amend their claim at this late stage? The overdraft undoubtedly has some unfair charges against it, although I did get a refund a few years ago and subsequently agreed to the account terms. Have you got any pointers on where I stand. Thanks Alex

Thanks Paul, very useful, I will use this as a basis for my defence.

Hi Paul Sure, here goes; - NW defaulted account (not sure when though as haven't seen notice) - NW started court action in June 08 - I put in defence requesting further info - July 08 - NW missed the AQ deadline - July 08 - NW requested three consecutive stays but did nothing during them - Aug, Sept and Nov. - I sent CCA req Nov 08 - Judge refused 4th stay and asked them to report to court - Dec 08 - NW then issued N244 to strike my defence out as it relied on technicalities of credit act. - Jan 09 - I sent a CPR 31.14 request - Jan 09 - Judge set court date for mid-April 09 - NW said they had provided all relevant docs and everything else could wait for disclosure. - Feb 09 - I continued to request CCA - Feb/Mar 09 - NW finally sent the letter saying they do not have loan agreement. - Mar 09 - I sent letter to NW asking them what their intentions were based on the letter they sent. - Mar 09 I hope thats enough, let me know if you need any more info. Thanks Alex

I have contacted PT but not heard back yet. I have drafted a letter to Shoos asking if NW are going to continue with the case or not. I think the best course of action is to send this off and continue with defending the case until I hear back from PT or Shoos cancel it.

Hi Vex This mornings post has bought about a dramatic change. I am now in possession of a letter from NW admitting they have no agreement and therefore are unable to enforce repayment. They will keepn reporting it to the credit reference agency though. So a major leap forward, two questions I have no though; 1) What about the court hearing? I presume they have to cancel or is this now my entire defence? 2) I presume they cannot report a default so I should follow this up next.

Hi Out for Revenge No, I think you have confused my thread with another. NW/Shoos have avoided mentioning the agreement let alone attempting to explain why they haven't provided a copy. Their N244 witness statement does not refer to an agreement; the first point they make is that funds were transferred on x date, nothing about signing an agreement, which leads me to think they really don't have a copy. The days are ticking until the court date and I will be putting together my defence next week. Hopefully this will finally flush out what paperwork they do and don't have. Any pointers or ideas anyone has would be most welcome.

Shoos finally found the time to respond to my last letter. Thats a day under a month to respond. They are now taking the line that they have not been ordered by the court to disclose the documents I have asked for. It seems only the court is going to force their hand to show or admit they dont have required docs. They also imply that I must send my evidence to them 14 days before the hearing; they are either hoping I send them my defence early or it is another error from them. They have filed a witness statement with the the N244. Does this mean they cannot produce anymore documents or amend their defence without the Judges permission? I know exactly how to respond to this letter, they seem to think they can hide behind the legal process when it suits them but ignore it when it doesn't. I'm almost looking forward to going to court.