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Standard - not in our very badly worded POC so no need to give up disclosure rubbish from Morgans. In complete dis accord with CPR rule and practise notes. So N244 to restate POC, court order for disclosure and strike out on grounds that the account was sold while in dispute (and I acknowledged unlawful rescission at the time).

Yeah I've spotted one other who's in a similar (slightly more advanced) point of proceeding as me too :- http://www.consumeractiongroup.co.uk/forum/showthread.php?290974-cabot-citicard-impending-court-action&highlight=citi I suspect its a sneaky one to get judgement by default but then again it maybe a new tactic from Cabot (who we believe now have 'purchased' these Citi debts). Either way they've picked on the wrong Cagger here.

Was very surprised to get a POC through the post yesterday. The reason I am surprised is that very much the general opinion on here is that Citi/Cabot have nothing to go to court with. I CCA'd my Citi card back in 2009 (card commence circa 2000) and following no response put the account in dispute shortly after. Recently I've been informed that Cabot have purchased the Debt. Around about the same time I received re-constituted agreements (T&Cs) one from when the account was opened and a more up-to-date one. As these are not a true copy of the agreement - I have dismissed them. So I am now faced with a very badly worded POC with no backing documents. I have acknowledged service and CPR'd their solicitor. N244 on standby for non-compliance with CPR and vague POC. Have things changed wrt to Carey and McGruffick. I thought no agreement no enforcement via Judgement? Or do these reconstituted documents now carry some weight?? /surprised face

I really cannot stress enough to follow the excellent advice given in this thread (read it all get the full picture). I'd just like to add - that if done correctly, not only are you taking control of the situation but you can put the other party to boot over Costs. Particularly where the debt had been sold on for peanuts (every N244 mean an appearance at courts costs them what £500?). It all adds up and can force the other side into considerable concessions rather than trawling up to court (or paying for someone to do so on their behalf).

Going through a similar thing here. Out of interest - why not file a N244 straight off the bat for lack of disclosure and strike out for no chance of success without 'true copy'. Cheers.

As a quick reference- Ring the Financial Ombudsman on 0800 0234567 and make a formal complaint for doing an unauthorised search. Takes literally 5 mins. Address, offender, reference nos, done.

Okay its been well over a week now and I've heard nothing back from other side. I thought long and hard about this and I am going to continue pounding they have no consumer credit agreement line. I am going for a repeat of my earlier N244 - after all they have had fair warning about this. So I am going to apply for a N244 again. The meat of the N244 will be from the one suggest by Gh2008 for Costa in:- http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238913-me-tesco-incasso-7.html Hence I am going for:- I'll also work toward filing a defence as they additional stuff in there is all relevant material to get before the Judge pre the hearing.

Thanks for that Docman - just reading through some of the relevant case law and deciding how to compose what you suggest.

Ah.. as I suspected then this document is okay. Couldn't for the life of me find reference to variable rates and total credit - I assume its in one of the Consumer Credit Agreement regulations - but which one? the 1980 one is difficult to track down.

Yes agreed on the interest - but why no total cost of credit/loan? Again it would just be guideline but then so is the 6.1 APR. It most have been calculated to get the APR.

Okay will do.

Can some please have a look at this agreement. There is no total amount of credit - and as its a variable interest rate I thought at the very least there should be a statement stating how that rate is calculated. If they've given payment amounts and final payment how can it not be a fixed interest rate? Very confusing.

Well from the dates it would suggest that you are fine. Also there is a lot on here about MBNA agreements - which quite often are enforceable. Whether they'll take you to court is another matter. See http://consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

Best bet is to start a thread for each of the creditors in their respective forums. You'll get the most uptodate advice then. A lot hinges on when you actually took out the original credit cards.