PS unless your mothers estate is worth more than £325k you wont have to shell out anything for probate (except perhaps a few quid in estate admin fees).

Just do it now. Sadly even the closest families almost always come to blows when a disputed inheritance rears its ugly head. Most solicitors will give you a free 20min consultation to discuss what has to be done and what it will cost. BE SURE TO ASK FOR A FIXED FEE (NOT HOURLY CHARGES) FOR THE WHOLE JOB - avoid anyone who wont offer you this like the pox. Many times unscrupulous solicitors have used cases such as yours to drain the estate for themselves:evil:. Ring around the stodgier sounding ones and avoid the ones with glitzy no win no fee accident compensation ads. This is not something you can sort out in an internet chat room - you need professional advice.

If she didn't make a will her estate will have to be distributed according to the government Intestacy Rules. You will be entitled to an equal share with your brother. You will need to instruct a solicitor to make sure the estate is distributed legally.

New govt. policy - official statement - that's why Stink are moving fast. "We will provide more protection against aggressive bailiffs and unreasonable charging orders, ensure that courts have the power to insist that repossession is always a last resort, and ban orders for sale on unsecured debts of less than £25,000."

Just about:rolleyes:!!! I think you may be right to sign the Tomlin order - I believe they cannot review the amount once agreed, unlike a DMP. Better check that one first though. However if you don't have any equity or assets they could seize its probably worth trying the unenforceable angle.

Hiya Sherlock, Long time no see! Tomlin Orders seem to have become a DCA flavour of the month lately, probably because they offer CCJ value to the secondary market value of their debts without jeopardising a creditor's capability to borrow elsewhere to refinance them as would be the case with a CCJ. In my view it's really only worth acquiescing to a Tomlin Order if it's a) long term affordable and b) long term sustainable otherwise it would be cheaper and easier to sustain a CCJ. Feel free to PM if you want further insights on this subject. In the light of the recent Manchester ruling agreement related disputes have become undesirably risky IMO. Regds, POET.

From my own experience of CAB we are talking seriously useless here. Still it's good to know that there are good CAB units out there. From my own (very limited) experience in dealing with MP's I would say it's worth risking a stamp - you may even get fobbed off in the right direction. When I started copying in my MP in a dispute I was having with HMRC their behaviour became noticeably less stasi like.

HMRC are a total nightmare to deal with. They are also sneaky and dishonest when they are going after dubious debts - I bet they served you at the business address so that you wouldn't know and they would get a default judgement. I would definitely write to your MP over this one - he / she might not be able to do much but an MP's involvement would force HMRC to play by the book. CAB would almost certainly be useless for this sort of case. If you qualify for legal aid instruct a solicitor immediately.

CIU in your position I'd really be tempted to join the legions who are opting for bankruptcy. I wish I had done this 3 years ago as I'm now getting back on my feet and these blasted DCA's are still buzzing round and they could now do a bit of damage if they got me into court. Due to the nature of my job it's no longer an option for me. Stop paying the CCCS and start saving for bankruptcy fees (£750 I believe).

Fill in the N244 now saying you believe you have a defence which you would have filed had you received the claim pack. Because 1. the Agreement may contain false information as a bank employee wanted to missell you a loan which was unsuitable for you 2. you suspect the amount they are asking for contains unlawful charges. Don't give up. The first time is always daunting but hundreds of people on this list have been through it and won the day.

Hello Bill! Good to see you have been very busy at CAG since I last checked in. Anyone who has had a charging order on a default judgement should write to their MP if they have not done so already. There is talk of legislation against this too so a flood of letters could give this some impetus. He/she may also be able to give concrete help in some cases. See http://www.theyworkforyou.com/

No problem but don't forget you will also have to give a reason / figures for your belief that the debt includes unlawful charges under the question " What order are you asking the court to make and why?" If you cannot do this I would still recommend the monthly payment route.

>Quetion 3 asks " What order are you asking the court to make and why?" >Would my answer be " I would like the judgement setaside on the grounds >that you I was not aware of the timeframe and now wish to defend the >claim." No. You want it set aside because you were never served with the claim pack and didn't know about the matter until you received the CCJ. I would suggest saying that you want to defend part of the claim because you believe unlawful charges have been included. You can up the ante and defend the whole lot after the set aside. >Question 4 asks " Have i attached a draft of the order you are applying >for?" >My answer will be no at thois point. do I have to Draft an order? Get an N244 form filling expert to advise. Been a long time:wink: >Question 5 asks " how do i want this application dealt with? At a hearing / >without a hearing. >Would I ask " without an hearing " as I am asking it to be set aside due to >not knowing a time frame. Or do i put a tick in the "at a hearing" I would suggest "at a hearing" - the o/p probably won't turn up greatly enhancing your position. >Question 8 asks " What level of Judge does your hearing need? >I have no idea what to put here. District Judge. >Question 9 asks " Who should be served with this application? >Do i put the solicitors for RBS that instigated the original court claim >against me. Yes I think but double check that one. >Question 10 asks "What information will you be relying on, in support of >your application." and then asks for the evidence be set out below on the >form. >Is this where we state that we did not receive any court papers prior to >the Judgement in defualt? Yes >Further, >As I mentioned earlier, we did take the loan out and am at a loss of any > >defence. Hence my previous post. However the fact that a bank official filled out false information on the agreement may have totally invalidated it and this could amount to fraudulent misselling. That would be your defence.

One thing you must remember is that the court will never order you to pay more than you can actually afford. The court would also take into account the fact that you couldn't keep up the payments due to illness. They tend to take a dim view of large companies harassing sick or disabled people for money. If you are on benefit or low income you could be looking at a fiver a week or so. Not bad for a new kitchen If I were you I would consider admitting the debt and asking the court for time to pay. Yes you'll get the CCJ on your record but I don't think you want to borrow money again anyway and you can always get by with a top up phone if need be.

Unfortunately I think you will find they have put these on your credit file. I had the same thing and when I questioned why they were processing my data without proper consent Cabot told me that the Data Protection Act doesn't apply to them.

Thanks good idea I'll start the complaint ball rolling. I think Crapquest are basically fishing for phone numbers with these letters. The phone chimp rather than the courts seem to be their weapon of choice.

----------------------------------------------------------------------- Nat West overdrafts ..... No reply whatsoever to my letters that I sent them after only receiving six years statements in reply to S.A.R - (Subject Access Request)'s on both accounts. Told them they need to supply a lot more info and heard nothing .... my letters sent to them last August ...... I am still paying them via CCCS DMP ...... Thay ARE adding interest to both accounts ..... more than I am paying them each month :o .... is that allowed as they have not complied with their responsibilities under the Data Protection Act so these accounts are in dispute? ----------------------------------------------------------------------- If they are doing this there really is no point in paying them at all. You would be better off putting the debt into dispute properly by not paying them and starting the statute bar clock ticking, far off though that may seem. Try to cobble together a plausible FOS complaint too - that should at least stop interest being charged. NW seem to just go quiet after a bit when they can't produce agreements.

Was this for a credit card ? I just got a polite letter telling me the debt was no longer "obligatory", which I of course have kept.

I got the letter from Capquest this morning explaining what an SD is:rolleyes: and how I would be issued with one if I didn't ring them ie give them my phone number immediately. I've made numerous requests for info asking what the debt is for and have just been stonewalled. They have provided what looks like a valid agreement (Amex credit card) but this is for a debt about half the size of what they are claiming. They won't provide any breakdown of charges etc. My understanding is that threatening debtors with SD's under these circumstances would contravene OFT guidelines. Would be grateful for any ideas as to how to proceed - prefer not to take it up to the wire with a court hearing but was thinking along the lines of a FOS complaint. Thanks.

Read the comments. They are just pulling cards from people who pay off the balance every month and thus make them no money. I hope there are mass complaints to the FOS.

Yes, if they had somehow managed to secure the PPI on the house.

Properly documented HP's are hard to wriggle out of. What I would do here is construct an income and expenditure sheet and make an offer for monthly payments based on this info. If they decline start trying to pay them anyway (sending cheque, PO etc) and document their response. This will stand you in good stead if things move to the court stage. Perhaps you could post that HP agreement here via Photobucket so we can check it's enforceability.

You need to check this out with the Land Registry. If it really is secured on the house (doubtful) it will show on the deeds.

Welcome's PPI is a gem - you have to be out of work/ill/dead for at least a quarter of the loan term just to break even. There is a misselling angle there but you could only use it as a CCJ counterclaim IMO. As a first step I would CCA them (DLC) to see if the debt is actually enforceable.

You should also invest £8 to search the Registry Trust for CCJ's - some of them don't get picked up by the CRA's for some reason - RTL Home .