sent a modified version of the last post's letter and recieved today a response saying that cap one have complied with the cca sect 78 and that they will be pursuingf the outstanding balance Cap-one appreciate that i feel they have not complied with their obligation, but they feel that this is not the case and advise that i may take the complaint to the financial ombudsman now what do i do cca - Lowells or something else how do we get them to produce a true agreement as at present all they have is an application form same as all others?

ok new update recieved letter from CAp1 and lowell - in same envelope saying debt had been sold on sent bemused letter suggesting write debt off as un- enforceable recieved letter from Cap one asserting they have clearly sent an enforceable agreement and therefore complied and that i should speak to lowell as they now own the debt - do i reply ? recieved letter from lowell saying they are looking into it - do i cca them ? anyone suggest my next move - want to put this to bed and reduce the stress its causing at home

went to court today and judge has adjourned case citing that the claimants reference to rankine is acceptable as the other side has pointed this out along with statements as evidence that "their must have been an agreement " and that therefore as the claimant admits that this is no longer available we have to put in a defence based on fact and law don't want to post as the clerk who turned up hinted that they had been reading our posts and connected this to us we have until 19th february to put in an amended defence based on the rankine case and the law and facts as we know it. the judge told us we may need to seek advice and also told us that the case could go either way depending on our defence. He said that 'clearly the copy statements indicate that there must have been an agreement otherwise a large company like sainsburys would not have advanced the credit card' so we should go away and think about our defence" I also pointed out that there were issues with the amount claimed as there were charges on the account can you help or perhaps point us at someone who can help or point me at some defence statements that we can use to formulate our defence. Had gone to court on the basis of cant defend as they cannot produce documents requested namely cca and default notice and have ignored all our requests so we are stuck at the momentand would ask for a little help if it can be spared

In court thursday

HELP just reread the allocation to small claims notice from court 1. claimant was ordered to produce documentation within 14 days of 23rd october and has not complied 2. in claimants witness statement still not complied with court order what do i do urgent as cas is due to be heard 22nd January and i may need to take action can someone please look at this for me

attached links to their claim can someone help me put togethor a defence to squash the points as i read it they contradict themselves all the way through scan-3.jpg - Image - Photobucket - Video and Image Hosting scan-2.jpg - Image - Photobucket - Video and Image Hosting scan-1.jpg - Image - Photobucket - Video and Image Hosting in their original points of claim they state " by an agreement in writing between Sainsbury's bank and the defendant dated 7/10/1999" surely if they cannot produce this then their claim falls - is there a way we can ask the courts to get them to produce the claim or strike" the claim as they are now trying to say that they don'tneed the original to proceed any help would be great as the hearing is coming up

Hello need some big help please we have received set of documents from Marlin in response to request for same so that we may compose defence have still not recieved executed copy of credit agreement we have had a photocopy of the original laser print out they alledge that they dont need cca as the defendants use of the card is confirmation of acceptance of terms, they refer to a default notice never received or supplied in their claim pack i will scan and post details of their claim evidence and hopefully i can get some help to make a defence or move for strikeout please help

Hello need some big help please we have received set of documents from Marlin in response to request for same so that we may compose defence have still not recieved executed copy of credit agreement we have had a photocopy of the original laser print out they alledge that they dont need cca as the defendants use of the card is confirmation of acceptance of terms, they refer to a default notice never received or supplied in their claim pack i will scan and post details of their claim evidence and hopefully i can get some help to make a defence or move for strikeout please help

Hi there recieved a response from 1st plus today telling me they dont believe that they mis-sold the ppi and they go on to state the following:- "I have not been able to listen to the loan application telephone calls that took place on 5th May 2001 or 6th May 2001 where the ppi would have been discussed." does this mean they cannot disprove our statement that we were told that the ppi was needed to get the loan? they also go on to state " However at the time that that you would have been put in contact withour account manager, your loan application would ahve been already agreed in principle, regardless of wether you chose to take the insurance being offered. You signed our loan agreement on 17th May 2001. I have enclosed a copy for your information and must draw your attention to the section that confirms the figures for the loan, including what is stated in the 'Optional Payment Protection Premium' Basically they have included the ppi premium in the loan to be repaid over 84 payments but then tell us the PPI was only valid for 5 years do we have a claim for mis-selling at all?

Hi All we wrote to First Plus on 12th November setting out claim for missold ppi for a loan that they told us we had to have ppi to get it recieved a fob off letter telling us they would reply by 22nd December, haven't been able to action this as i am currently ill and just starting to recover Is there a letter to put them under some pressure, as i am sure the reply will then drag things out until 2009 ? regards

Capital one have defaulted me in spite of being unable to produce a copy of my "CCA" they sold account to Fredericksons who ran for the hills when i asked them for CCA and sent the file back to CApOne On checking my Equifax data i see that they defaulted me in April can i get this default removed? If so how any help much appreciated

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marlin financial services have posted a default against my other half and started legal action so far they have failed to produce one single peice of evidence to support their claim thanks to others here for their help can i get the default removed? if so how do i have to ask the judge to order this as part of defence as currently case is stayed? can they default with no cca? are we totally at their wimswith this ? or can we complain to someone and spoil their day ?

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server the letter and if you can get a call recorder diarise all their calls record them and complain about harassment they'll soon give up