Apologies for posting on an old thread but I was searching for something and this topic came up What they fail to mention is that Shiply also KEEP the deposit allegedly paid to the courier as well, I can vouch for this as I have taken jobs from the site.

Thanks to all that helped with my case. In the end I was unable to attend court but my prior engagement was too important to miss. On the day of the hearing a letter arrived at my house from another firm of solicitors with instructions to take over the case for IND on the 8th July - the day before the hearing, not much time there to object then... Anyway, I have today just received confirmation letter from the court - The judge struck the claim out

OK - it looks like I have my being able to attend problem solved, I've managed to get around that now... So to my understanding, I should argue that - a: they have to proove that I received a default notice (from reading through other threads from what I can work out it's supposed to been sent recorded delivery)? b: They haven't produced the NOA as requested, or ever provided me with it c: That the agreement isn't valid Any help as to how I should word it in court would be appreciated... Thanks, so far guys...

Oops, you wanted to see the index, forgot to scan that sorry about that but all it's only a single sheet of A4 with the wording: Colchester County court Claim Number xxxxxxxxx FV-1 Inc Claimant -v- Defendant Mr x x xxxxxxx Submission of documents 1. Assignment 2. Application 3. Statements That's it, exactly as laid out above. Here's NOA - please note that the information crossed out on page 16 was how it was received. I only received a small portion of the NOA - page 1, which is simply a cover page, and these in this order... Page 2: http://i189.photobucket.com/albums/z6/g7syw/court/noa-1.jpg Page 6: http://i189.photobucket.com/albums/z6/g7syw/court/noa-2.jpg Schedule: http://i189.photobucket.com/albums/z6/g7syw/court/noa-3.jpg Page 16: http://i189.photobucket.com/albums/z6/g7syw/court/noa-4.jpg Page 36: http://i189.photobucket.com/albums/z6/g7syw/court/noa-5.jpg

OK, here we go with some more info.... Point 1 - valid agreement, this is what they sent me - page 3 is pretty poor quality print, some parts unreadable so I've done a hi-res scan and put links to them all, it's basically in four parts - numbered in the same order as presented in their bundle: Page 1: http://i189.photobucket.com/albums/z6/g7syw/court/CA.jpg Page 2: http://i189.photobucket.com/albums/z6/g7syw/court/ca-2.jpg Page 3: http://i189.photobucket.com/albums/z6/g7syw/court/ca-3.jpg Page 4: http://i189.photobucket.com/albums/z6/g7syw/court/ca-4.jpg These two pages were also included between the assignment and the first page above. I'm assuming these form part of the agreement as their index reads, Assignment, Agreement, Statements, I really haven't got a clue what these two pages are about. Upon scanning them, I did notice that these two pages state Mastercard and the agreement states Visa :? Page 5: http://i189.photobucket.com/albums/z6/g7syw/court/xx-1.jpg Page 6: http://i189.photobucket.com/albums/z6/g7syw/court/xx-2.jpg Point 2 - I guess leaving the assignment out of the defence was a bit dumb of me, but again this hadn't been produced until after I submitted my defence. Point 3 - Have to wait and see then... Point 4 - That's what I was hoping would be the path to take. Point 5 - Yep, they've had everything up to date, so no surprises from me - hopefully The reason I won't be at the hearing - when I completed the AQ I had no reason to believe that I wouldn't be available at any time, however I now have a job scheduled that's not in this country - I'm frantically trying to get someone else to cover it for me, so may get to turn up if I'm lucky.

Hi IGNM, Ok first the disclosure, I did put on my AQ a request for the judge to make an order that it be provided to me. The disclosure was the very first thing I requested from FV-1 and got their standard "We'll send it when we get it" letter. Only section 6 of the order as mentioned previously had not been complied with, I don't know how relevant it is that they complied after the date set out in the order. The claim has been allocated to the small claims track. The amount the claim is for is £1198.58 + £65.00 court fee + £80.00 solicitors costs giving a total of £1343.58 For your interest, the original POC read: ---QUOTE--- The Claimant claims for sums due under a various Credit Agreement(s) entered into between HSBC plc and the Defendant. The rights of HSBC passed to the Claimant pursuant to an assignment dated 23/12/06 between HSBC plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the Agreement(s) and or the statutory Notice of Default served by HSBC plc. And the Claimant Claims: Credit Card Account xxxxxxxxxxxxxxx balance of 986.83 as of 22/7/05. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) to 27/3/08 of 211.75 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.22 AND Costs. --UNQUOTE-- As far as I can remember, I have never received a default notice, as I was the only person at the address no-one else could have received it, and they certainly didn't notify me that the debt had been assigned to FV-1, the first I knew about it was when the LBA arrived. Here's the order - across two pages: Thanks guys....

Thanks guys, I've had a read through the thread suggested and I'm more confused than ever, but never mind... Another thred I read with interest was concerning the actual agreement as being required to be a single document with my signature on it and with the prescribed terms on the same document, from what I can see (or rather what they decided to send me) they are on different documents, but it could be the way they were faxed from the original branch. Just an observation here, the date on top of the faxes shows they were faxed to them back in May giving them plenty of time to send me copies but they waited until after the 14 days before trial limit (as directed by the district judge) before sending them to me - is it worth following this line of defence? It's interesting to note that on the statements they bothered to send me there are some "late payment fees" totalling £120, is it possible to put the account into dispute in such a short time?

Hi everyone and apologies for requiring such an urgent response. out of date embarrassed defence removed - dx

Quite agree with that. Had some trouble with a damaged package arriving with items missing. I replaced the items and sent a copy of the invoice - took a couple of months but the cheque arrived

I got one of those to, just to make it more interesting, quite a while ago ( a few years now) I had an account with them but due to losing my job I couldn't afford the repayments, got behind etc etc... Ended up owing about £90 which never got paid, I never got chased for it either so I assumed this "new" offer was their way of getting my sig on a credit agreement so they could start chasing me... It went through the shredder...

30 days is the "default" time for payment to be due, or before non payment action can be taken, if not specified on the invoice. A company/sole trader can put whatever payment terms they like on their invoices if it's in their normal trading terms. My standard trading terms for non credit customers are payment within 14 days from invoice and I mail my invoices out promptly not after a year, it's printed on every invoice I raise and also in my full terms & conditions.

My normal trading terms depends whether I'm working for a company or a private individual, but both are clearly set out in my terms and conditions. I gave them a discount if paid within 5 working days with 14 days as the length of time to pay, it's clearly stated on the bottom of the invoice. I waited until well after the 14 days before sending the reminder. Yes, it's in my standard terms and conditions and printed on all invoices. It's not a fortune by any means but the company concerned needed the job done "yesterday" and that's the service they got. I'm not sure whether to send them a final demand or just an LBA now

Just out of curiosity, I have a company that owes me money for a job that I did for them, are there any "unwritten rules" or guidelines as to how long I should wait before sending them the LBA. I've already sent them the first invoice (gives a discount for prompt payment) guess they don't want a discount and followed it up with a copy with reminder stamped on it. I haven't added any costs or interest yet BTW.

Hi guys & gals, I've just received a notice from Northampton with the exact same wording for a HSBC credit card debt. The notice is stating a balance from about three years ago, but I know full well it's getting very close to the six year limit, so I'm holding out just a bit longer ... Yes, I've sent my letter to request all the documentation etc and following the course of action as outlined in other threads...

This is my first post on the forum so hi to all, but to partly answer your question, when I worked (briefly) for RM, I was told it was because the vehicles are on behalf of the queen and have the Royal crest on them.