You should have it set aside on the grounds that you were never served with a claim or a judgement. Use form N244. Cost is £75. This will remove the charging order. However, I'm not sure if the Statute Bar will prevent the court from ordering you to to make payment(s).

It won't appear on your record at all:)

FWIW I have heard that this problem can and has been mitigated by sending the creditor income and expenditure summaries and offering token payments from surplus income. If they refuse and continue with litigation just send the payments anyway and keep any returned cheques etc. It's less likely a judge will take this view of a debtor under these circumstances and will be more favouably disposed towards 127(3).

Yes but if you didn't know the bank charges were unlawful at the time surely that changes things?

Rory are you sure? If the sum entered in judgement is incorrect I have been reliably told that it is grounds for set aside. However you would need to prove the true amount owed and would have to settle the whole amount within 28 days of the set aside in order to have the CCJ removed from the registry. Otherwise it (the registry) would simply be adjusted to reflect the revised amount.

What might they want to sequester? Are you now a homeowner or are you still a tenant? If you have no assets I would simply tell them this and invite them to bankrupt you - it'll cost them over a grand with costs and will guarantee they never even get paid a penny of the original debt:rolleyes:.

Yeah joking apart it could be used to show just how seriously these people take the Data Protection Act:rolleyes:.

MODS!!! Please bring back the spellchecker:o.

Good day 2 u 2 Sherlock:D. Before 42man's experience I'd have said file those postal SD's safely away in the cross shredding cabinet. If you are not a homeowner this is still best practice (no way are they going to spend over a grand bankrupting someone with negative net worth) but if you have any DCA visible assets like positive equity you need to take the CCA/SAR route without mentioning the SD just in case.

Congrats Sherlock! That's exactly the right tactic for dealing with postal SD's, as you have discovered. It's what L****e always recommended;).

In that case it's also Satute Barred:). To be on the safe side SAR them and see when the las payment was made. If they can't come up with statements it's an even deader duck as you can claim it's all unlawful charges.

PS Mods - why has the spelchecker been dissabled on this site:)?

The older one doesn't have a tapering black border to the left. Also, unlike the newer document, it doesn't have the "every little helps" claptrap scrawled on it which fhey put on everything now but never used to.

Aha! Yes I can see where you are coming from. The corporate logos aren't even the same. so the two are unlikely to be contemporary. If I were you I would point out that you have noticed all this - it will considerably reduce the chance of a court claim even being tried.

I notice that most credit card companies seemed to have stopped using application/agreement forms and are requiring customers to sign very stringent separate agreements. So hopefully, you are right.

I believe to do this properly the 3 original accounts should have been set to zero balance and a new loan written which you should have signed for. Whilst they would have the legal right of offset to raid your current a/c if it had any cash to settle the other liabilities, I doubt they could effectively force you to take out an overdraft to pay them off without your consent. This is effectively what they have done. Bottom line - unenforceable.

They can't divide a claim up like that it's unlawful. The creditor won't know about the case it's just BC taking his cut. Tell your sister to send the following letter, it will get rid of him (she'll need to modify it to suit her case of course): Her Address etc Bryan Carter & Co Solicitors Persimmon House, Dehavilland Drive Brooklands Business Park Weybridge KT13 0NT Date Dear Sir In the XXXX County Court Nationwide credit card-v- (Her NAME) Claim Number: (CLAIM NUMBER) REQUEST FOR FURTHER INFORMATION I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated. I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to. In light of this, can you please provide me with the following: * A true copy of the alleged agreement you refer to. * How you calculate the sum of £(AMOUNT) * How you calculate the sum of £(TOTAL) We would be grateful if you would respond within 21 days of the above date. In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point. In any event, kindly acknowledge safe receipt of this letter. Yours faithfully, Her NAME

That PDF seems to show all T&C's. Rory is it unenforceable just because an appliction form cannot serve as an agreement too? If yes do you know the relevant pice of law? Would be grateful for some clarity on this one. Thanks.

This has no T&C's at all. It's an application form that isn't even trying to masquerade as an agreement. Tell them to roll it up and sit on it and spin:).

I wouldn't mention the charges at this stage, just keep a record of them for possible future use. They can't legitimise them with a new contract if you can prove part of the re-written loan is unlawful charges.

The important thing with Welcome is to keep talking to them and don't try and disappear off their radar. They'll do almost anything to avoid defaulting you - the more defaults their loan book records the less valuable their business is. At this stage just try to talk them into allowing payments you can comfortably afford and if this fails then shut them down and challenge them over the charges.

Whatever it's regulated by tell them you won't hand it over without a court order. Might be an idea to park it where it's not likely to be found;).

An SD served via email is not effective service but since you have acknowledged receiving it that defect has been remedied so you now must have it set aside. BTW did the email generate a message asking you to click OK to acknowledge its receipt? Sneaky devils if it did...

If it came via second class post just ignore it, it's not effective service. If you were handed the paperwork personally it would be wise to get it set aside.

It sounds as though you may have been acting fraudulently so be a bit careful but don't worry We don't go in for preaching here. I would recommend absolute silence and non contact with any such creditors and report any contact from them here first before responding to them.