Oh shame you're so far off.. I would have liked to have heard in person how they're going to explain themselves. Frankly I can't see how they hope to wriggle out of it - they look to be up $hit creek without a paddle. Good luck though - I can't wait to hear how this unfolds! I hope you're going to post a detailed account of the proceedings

Do I take it that Citi didn't even attempt to comply with the Disclosure Order? Did they even explain why they weren't, or simply just not respond to it at all? Amazing arrogance on their part, but unsurprising given their history I suppose. Which Court are you going to? If its in London I wouldn't mind coming along - I've my own case against Citibank which is at an interesting stage now

Peter, it is my understanding that irrespective of whether a Creditor can produce an agreement or not, after they have gone past the offence stage, the Agreement - and all rights the Creditor might have to enforce all or part of it - is rendered unenforceable without the Creditor seeking permission from a Court to make the Agreement enforceable once more. Until or unless they do that, they are surely not within their rights to enforce any part of the agreement at all, as it has been rendered permanently unenforceable barring the intervention of a Judge on behalf of the Creditor.

His name is Wayne Hatton and his title is Corporate Solicitor.

That's the right thing to do, I'm sure, as its their registered office. To be on the safe side, you might want to send the Claim itself personally rather than through the Court (you can do that, so long as you inform the Court that's what you've done). That way you can send it by Recorded Delivery and they can't deny receiving the claim in future. Or at the very least do what I did, which was to write to them at Capstone informing them I had issued a Claim which had been sent to their Registered Office. Good luck!

I claimed for every charge I could find that wasn't an actual mortgage repayment .. I just called them to ask when they were going to pay me to hear them completely surprised I had gone to court and obtained a judgement! Obviously the left/right hands don't know what they're doing here. I wouldn't be surprised if they tried to get it set aside for whatever reason, but as far as I'm concerned I served the claim on them at their Registered Office address, as shown on the bottom of their most recent correspondence to me in April 2007. My loan was originally with SPPL in 2001. As you know, SPPL are part of Capstone (or at least managed by them) now, so all correspondence has been with Capstone though, who have written to me using SPPL stationery, with the SPPL Registered Office address in Broadgate, London. I expect they'll try to use some pathetic excuse about that not being their address or something, but it won't wash: its the company's registered office, and they used that stationery only 2 months ago to write to me, so they can't really come up with any excuse as far as I'm concerned. Will be interesting to see what happens here. No I didn't have a thread on this actually, but I may start one if they try to set it aside and it goes to court in the end Where have you been writing to - Capstone in High Wycombe, or the SPPL Registered Office address in Broadgate London?

I just received a Judgement in Default for £3.5K (they didn't even file an Ack of Service, let alone a defence!) for a penalty charges + contractual interest + 8% stat interest from my local court, against SPPL. Can't quite believe they let this get through, but going to give them 3 days to send me a cheque or I will be sending it to the bailiffs These people are complete bozos.

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angry_cat, why don't you just go to court to obtain an Order forcing MBNA to comply with their statutory obligations and cease trying to enforce the debt (and by definition therefore to stop sharing your information with third parties and CRAs)? Or is that just not possible? Shouldn't it be possible to seek an injunction from the Court to force MBNA to comply with the law? If they then continued to do so they would be in contempt of court, which would be extremely serious for them.

Congrats Baz.. was this against Citicard or Citibank?

How did the court appearance go?

Citibank - by the way, congrats on your win

While I love their opinion, I have to say that to me, Reg 8 seems vastly different from Reg 7, and seems to actively suggest that ONLY a copy of the CURRENT executed agreement AS VARIED (or not) need be supplied, and NOT the "original executed agreement" + variations/current agreement as required in Reg 7. Curious. Any chance of a scan of the whole letter (with your personal info blacked out of course )?

Martin, can you PM me? I've got a £29k claim against Citibank pending. Luckily I've got the help of counsel from a major City law firm behind me but it would be invaluable to be able to swap some notes on tactics and strategy. Perhaps you could send me your email addy so we can correspond?

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Hey good luck! Can't wait to hear how this works out. I've just had my response from the broker I used for the SPPL loan. I've had a copy of my application form back, and it clearly shows I declared I was self-employed, so the PPI was worthless beyond covering me for health-related problems, and was thus clearly mis-sold. The loan was conditional on the PPI, and they're trying to say I agreed to it by signing it, and also trying to claim it was optional, when it wasn't. Why would I have agreed to pay £9100 for a PPI policy that didn't cover me as I was self-employed, if I'd been given a choice?! I feel pretty confident of winning this one. I'll be claiming back the PPI, the interested they charged me on it, and contractual interest/restitution of profits, making for a total of approximately £30,000 (6 years compound interest at the contractual rate). Keep me updated - I'm really curious to see how GE try and deal with you. I'm about to issue a claim against GE for penalty charges too

But it says "Credit Agreement," has your signature, the date, the right to cancel, etc etc etc on the front, and the back has the agreement T&Cs and also the interest rates which apply to you... why doesn't it properly constitute an agreement? Sincere apologies if I'm missing something obvious, I'm new to this!

Thanks Dave, I suspected as much. Looks like I'll have to hit them with a Section 85 claim instead

I'm just checking an agreement I have with MFI, which is administered by Lloyds (Black Horse Finance), and nowhere on the credit agreement is there a notice giving the "cancelation rights" or "cooling off" period I thought were required under the CCA 1974. Does that make it unenforceable? It was signed in-store, with the salesman signing on behalf of Black Horse Ltd, and I took a copy of the agreement home with me that day (although the credit wasn't approved until a week later), so I wondered if that notice wasn't required when the application was made in person rather than by post. Any comments?