Hi everyone i'm hoping you can help I had a personal loan and overdraft with natwest, unfortunately around 2 years ago i was made redundant and i could not afford to pay it. employment has been sporadic and i've struggled to keep paying the mortgage never mind other debt. I have wriiten to them when this happened and explained the circumstances to no avail. It was then passed to eversheds LLP, so 8 months ago i wrote to everasheds explaining my circumstances and asked for the following: • Balance owing • Terms of repayment and interest/penalties accruing • Type of agreement • Arrears • Any insurance policies attached to the agreement They recently replied 2 weeks ago apologising for the delay saying they cannot find my original signed cca but could offer a one for comparison and supplied the rest of the information such as balance owed etc. Today i have recieved county court summons from natwest and i have no idea what to do. All it says in the brief details of claim is "monies owed under a credit agreement Value £9169 i always thought that without the signed cca they have not got a leg to stand on is this correct? Any help with defending this case would be really appreciated, and i thank you for your time in advance

Hi guys - Firstly thank you for any help offered on this in advance . This morning i received county court claim forms from the claimant "capquest investments limited". issue date 28/03/13 Particulars of claim: "part only of monies due under regulated credit agreement number xxxxxxxxxxx between aqua credit card and the defendant the benefit of which was assigned to the claimant on 26/07/2010. the agreement terminated upon the defendants failure to comply with the terms of agreement. " it also says the claimant seeks interest from date of issue. the claim is for just over £500. before debt was sold- credit card charges were refunded and taken off intial balance. last year aqua refunded me £135 in ppi premiums. last payment to aqua was in 2008- unsure of exact date. am unsure of any kind of defence against this claim- but would actually like to see how much capquest bought the debt for - can i request to see this? As a main goal - i would like to avoid a CCJ - anything else would be a welcome bonus. i would appreciate any advice on how to proceed please thank you ABS84

Hi, I need to respond in relation to a credit card judgement debt which I am helping a person who is incapacitated, thank you for any help you can give. The details are as follows; Card taken in 1999, and was being paid up untill incapacitated through injury, claimant is a debt collection agency, and cc was with a high st bank originally, says defaulted on c/c of around 2k in 2008, a couple of years after the incapacity and being on benefits. Payments were being made, then for some reason was sent to a debt collection agency four years later, and then after defendent being contacted by debt col agency, the defendant sat back to wait for an arrangement which never came. Claimant says notice of assignment sent pursuant to law of property act 1925 in particulars. Then, this is what may kill the whole thing (not sure on this); Defendant received claim form detailing the particulars outlined above, however could not respond due to ill health - did not open mail, due to illness was bed bound. Default judgement entered and awarded for full payment to be made. My questions are; I have seen some letters being banded about challenging the legalities of such debts, can this apply in this instance? and how would one go about this seeing as judgement has beed awarded? If not, then can anything be done, I have seen the possibility of maybe challenging the amount being asked for (otherwise there is a possibility of bailiffs coming, or I assume a charge against the property if this is not done) I appreciate your inputs, this is the first I have heard about it or I would have definitely posted sooner to get tthe help of this wonderful forum and it's posters. thanks, Matt

Hi there, My rent is due the 21st of every month, following my previous forum posts I have been issued an S21(4)(a) now on the 18/9/2012 and it ends next month on the 18/11/2012. I have just read that the dates can only be for one day before the rent or is this not true? And is the time frame correct by the landlord? I owed three months rent and a fourth month on the 21st which will all be paid and correct on the 21st of this month (the previous months are all paid off) and I wish to continue staying on the property. I will keep paying my rent as per usual and once the notice runs out he can then get a court warrant but if I am all paid up-to-date what will happen, will I still be requested to leave the property as I doubt he will have a sensible conversation with me to continue rental agreement. I understand he has 12 months to get the warrant also or have I read wrong? (the contract is periodic that the one?). Thanks.

In 2007 I took out a Lease Agreement on a trailer for us in my business. In 2008 I had to cease trading due to 3 limited companies going bust and owing me money. I was unable to copy financially and the stress was affecting my health. I was a sole trader. To cut a long story short I have been paying Lombard regular weekly payments. These have had to be reduced because I have recently changed jobs but I have nevertheless been making regular weekly payments. Shoosmiths have attempted to make me pay more than I am able and has threatened me with court proceedings on numerous occasions because I will not do as they ask. They even went so far as to tell me that my weekly shopping bill was rather extravagant and I should think of cutting it! I have health problems and my diet plays a large part in keeping me healthy! After a couple of years of being threatened with court proceedings I have now received them this morning. They have issued a Claim in respect of a Money Judgment for £12,505 plus costs and interest. They state they have complied with pre-action conduct and practice direction. In the Particulars of Claim is completely incorrect and does not make reference to me making any payments at all. It says they made a demand for £12,505 on 27 July 2011 and I have failed to pay yet I have been making continuous payments. I did not want the matter to go to court because I will have further costs and interest added on which I can barely afford. I have just been diagnosed with a more serious illness and although I have not taken any time of work I have had to change my jobs again to accommodate me being able to continue in full time employment. Should I make a part admission of the money and then submit a defence? I would be grateful for any assistance. Thank you

Citizen Advice Bureaux has released the following : - What is theBenefit Cap Read more: http://www.adviceguide.org.uk/england/benefits_e/benefits_welfare_benefits_reform_e/the_benefit_cap_what_you_need_to_know.htm

Hi, Received a claim from Swindon CC for £7,226 for a credit card debt with Nationwide 13 July 2009. Sent AOS and requested info from Nationwide Copy of credit agreement CPR 18 request (as seen in this forum) Received agreement - copy attached. Now looking to file a defence based on them not replying to CPR 18 request. The reply with the Agreement stated "Please note that we are compiling further information and I can confirm that no further action will take place until this has been provided to you" As I was made redundant last year and we have unsecured debts of 35K we are looking at Bankruptcy. So I am only looking to frustrate/delay as they have stated they are going for a charging order immediately. Hope someone can help please as this forum has been a great source of help to me. Many Thanks Mike

Hello, I have discovered that 2 CCJ's were issued against me while I was not resident in the U.K (moved to Australia) I was under the impression I had to be a resident of the U.K for the Judgements to be issued, if this is the case, can I get them set aside? Thanks in advance.

I owe Littlewoods the amount of £7442,82 which is the result of years of buy now pay later and hideous amounts of interest being added, they and other debt firms have written and called consistently but after losing a close member of my family just over a year ago, I kind of lost the plot and ignored all contact. My husband was handed a letter 24/1 from a man who called and asked for me, the letter states that on the 28/1 he will be calling back and I will be served with a Statutory Demand issued under the insolvency Act 1986, I have a mortgage so too say I am terrified is an understatement, please help and advise what action I should take? Thank you, Mazza1969

Hi friends, i have received a claim re: Arrow global for an old MBNA credit card debt which (i believe is unenforceable), does anyone have any recent info as regards their tactics?. A defence has been filed and we are at the AQ having been issued stage. The solicitor has just been changed to Arrows in house dept. Thx in advance CCM

My tenancy expired at the end of December 2012, at the end of November 2012 I was issued a section 21 with a view to vacating by the end of January 2013. I informed the landlord that I would leave on or before that date. They are also aware that I currently have no income and am in the process of applying for benefits. However, today I received a section 8 notice via a solicitor so I am a little confused. I understand that I am over 2 months in arrears and this relates to the section 8, but it is also worded in such a way as though I am refusing to vacate the property which is definitely not the case and I have been very clear about this. Any advice greatly appreciated.

Hello I have come home from work to find a court claim form - although I have a lot of debts this is the 1st time I have come across one of these. It is for a Next Directory that I owe £317.70 to and it is Howard Cohen and co solicitors address on the form and it is issued from Northampton (CCBC) court. Charges of £50 solicitors costs and £30 court fee added totallig £397.70 I admit to the full amount of the debt (I think?? :O) ) but I am unable to pay the full amount in one go. If I complete the form (that I am working through - it is hard to work out all of my costs as me and partners money is all together however I can seperate it out with a bit of working out) I have read the forms but I am a little confused... If I complete the Admission form is it correct I send it just to the solicitors address on the front and not the court... do I just send recorded so I have proof etc and do I send a 1st payment with it? At section 11 of the admission form which is the offer of payment if I offer monthly installments and they were accepted (I dont know what the likelyhood is? I was going to offer £50 pm?) does that mean that a CCJ is effectively issued to me or is that a repayment plan before a CCJ is issued? Sorry Im just a little confused by it all Also is it just the admission form that needs sending back?? (and payment installment??) thanks for help :O) x

I have received a Parking ticket in the post for parking my car on thepavement (across the end of my driveway which is a dropped curb) outside myhouse. I have been parking like this for 11 years (since the house was built),as other neighbours regularly do. My road is residential close (dead end) that is only 4.4 metres wide. Ifa car is parked with all four wheels on the road, it is difficult for othervehicles to pass. For wider emergency vehicles or refuse collectors, it is notpossible. Do I have any grounds for appeal and is the Council right to do this? Thank you very much in anticipation of any help/advice offered.

Hi Hopefully someone could advise me on whether I can get a CCJ removed/overturned that has just been registered against me whilst appealing a court order. The case is still ongloing against Robinson Way yet my credit file is now showing a CCJ judgment has been listed against me. To me it doesnt seem lawful to have a CCJ listed against me whilst still fighting the case in court. I am at the stage where I am requesting a hearing for the right to appeal. I've already lodged my appeal which initially was denied. I would appreciate hearing from anyone who can offer advice. Many thanks Ian

hi my daughter has had a ccj issued against her from safeloans ltd,she has been on a DMP with cccs for a couple of months now paying them 7 pound a month but safeloans reckon she owes them 594,now she first got a 250 loan but 351.50 is interest and loan charges{what a rip off ] why cant the government do something about these types of loans is beyond me,anyway i want her to put up a defense as the charges/interest is a joke any help on wording for me that i can use on the defense form. thanks much appreciated

Long-drawn battle with local authority, not going to bore you with the details of the dispute. Jump forward a few months ago where LA issued summons, I told them I would defend but needed the date changed as I would be out of the country on that date, LA agreed - verbally - (didn't have a choice as this was the day before the hearing!), then went ahead and obtained LO in my absence. I wrote to the Magistrate's Courts to ask them to set aside the LO back in August, and never heard anything from either them or the LA so with a thousands other things on my mind, out of sight out of mind, completely failed to notice I never got an answer. Fast forward again to last week where I received new summons from the LA (don't ask, I'm still trying to work that one out!) so this morning I phone the Magistrates' Court to politely ask if I shouldn't have had a yea or nay by now, 2 months after my letter? They have now told me, after keeping me on hold for an inordinate amount of time, that the Mag court doesn't deal with Liability Orders set-aside and that I should write to the High Court in London? Oh, and that no, they wouldn't necessarily have replied to tell me that in the first place. Charming. Ok, so can someone confirm or deny this for me? Point me in the right direction? All internet research indicates that I did it right and I can't think why the High Court should be involved. Thanks in advance, I'll check for replies later, for now back to the mountain of paper from the Council to try and understand why they have issued new summons for different sums. Did I mention that I have been paying my CT on time and paying more than what I currently owe? (in case the previous dispute goes against me, I don't want to end up a lump sum to pay or the bailiffs turning up at my door) Well, I have. I think my LA have nothing better to do.

Evening all I have received a Stat demand from Simply Credit Claims I used them for reclaiming PPI. I received the Pay out at the end of August , I received there invoice on the 9th of September, But the invoice was back dated to 28th August. Today I have received the Stat demand Dated 26th September. The amount Owed is for £1800.00 They started Harassing me for the payment 0n the 13th of September. The guy I spoke to dropped the amount to £1100.00 if paid with in the next week. I sent a cheque but they have not received it as of yesterday. but today I receive the stat demand The Payment to them only became due to them today. Can they issue the stat demand that quick?????? Help Leakie

Hi all, I'm new to the CAG and also forums in general, so please bear with me! I've been finding a lot of useful information over numerous threads, but was wondering if anyone could offer any case specific advice. In early 2011 I fell into arrears on an MBNA credit card after they increased interest rates, meaning that the minimum monthly payment nearly doubled. Due to personal circumstances I was unable to meet the new monthly payments and continued to pay £75 per month, as previously. However, I contacted MBNA and provided them with details of my income and expenditures. They agreed a reduced payment plan with me of £35 per month, which I paid faithfully. In April 2012, I received a letter on IDR Finance headed paper, advising that they were giving notice that the debt to MBNA had been assigned to Link Financial Outsourcing Limited on 29 March 2012 and that on the same date, Link had assigned the benefit of the debt to IDR Financ UK Limited. The letter states that as a result of the assignment the debt was now owed to IDR and Link were acting as servicer for the debt. The letter advises that any payments should be made to Link at the PO Box shown above (no PO Box details were actually given) and that no further payments should be made to MBNA. I was therefore left with no choice but to contact them by telephone. I spoke with one of their 'advisors' and said that I wanted their bank details so that I could continue to make the £35 a month payments, as had been agreed with MBNA. I was told that they were not prepared to accept such a payment and they were seeking recovery of the full amount. I told him I was not in a position to pay the full amount, otherwise I would have cleared the debt directly with MBNA. He then went on to suggest that I take out a loan to pay the amount, or perhaps sell my house. I was disgusted with the careless and frankly irresponsible 'advice' he was giving and told him I would only be in a position to pay on a reduced payment plan. He said he would knock 20% off the debt then and there and I repeated that I still was not in a position to pay. He said he would put a hold on the account for 7 days and asked me to ring him back to discuss my 'circumstances'. I researched Link and decided it would be prudent to only communicate with them via written correspondence. I therefore wrote to them on 25 May, making an ex gratia offer and also advising that I would only be prepared to deal with the matter via written correspondece. I also advised that my partner had been ill health retired and that I was due to go on maternity leave in August, which would mean a further reduction in income. I have therefore been engaged in written negotiations with them, with offers on both sides being made for settlement sums. I continued to receive telephone calls to both my mobile and work number from the advisor I orignally spoke to. I eventually had to write a letter of complaint as despite written requests on 3 different occasions for the phone calls to cease, he then rang through to main reception number at my place of work, which my boss was not best pleased with. The phone calls finally stopped. They made a counter offer in writing in early August and before I had time to respond, I received an lba from them at the end of August. I immediately wrote to them advising that I thought the LBA was unnecessary and also it advised they were seeking payment of the full amount, yet they had already told me they would accept a reduced amount. I advised them that I am due to give birth in the next couple of weeks (now within a matter of days) and that I have also been made redundant, so I made a final ex gratia offer and said if they were unable to accept that, I would only be able to pay them £10 a month at the moment, which would begin to pay in October if I heard nothing further from them. I have now received court papers from Northampton county court and IDR Finance have issued against me for the full amount, plus the issue fee and interest. My question is, if we were in the middle of written negotiations, how can they suddenly decide to issue proceedings for the full amount? This is a blatant waste of the Court's time and incurs unecessary costs. Is my best course of action to defend the claim in full? Any help / advice is much appreciated. As with everyone else experiencing the ups and downs of life and struggling with debt, this is one thing I could do without at the moment!

Hi Everyone, Friend has been issued Claim from solicitors via MCOL for an accident he caused (shunt from rear). Fully comp. Issue date 13/6/12. AOS ??? Was being dealt with via insurance. I will see POC in the AM. No reference to preaction protocol mentioned. Was read out - claim is less than 1k - damage only not PI claim. Will send all docs to his insurance company BUT in the meantime holding defense should the insurance take too long ?? Does not want CCJ by default as will affect life. Any nicely worded doc to send to claimant ? Failure to comply with PAP ? Possibility of application for strike out ? Any help please (would like to put to bed tommorrow !) Numbers

Hi, I'm really distressed and in need of help. On my birthday I travelled from Worthing to London on a advance ticket purchased online. The ticket was only valid with a railcard. When I got on at Worthing station I had my railcard. Somewhere between getting on tot the platform and getting on to the train I misplaced my railcard. (Later it was retrieved by a guard at Worthing and given back to me).... On te train up I didn't realise my railcard was gone... Only at Victoria did I notice my absnet railcard. My ticket was ripped up by the guard at Victoria and I had to purchase a new one.. I was also given a £55 fine which I appealed but this appeal was unsuccessful even after I produced my railcard and explained my extenuating circumstances. They are now refusing to reply to furhter correspondence.. What should I do? I refuse to pay a fine I feel is totally unjust.