I have updated the letter, any ideas would be useful Thanks I wrote to the claimants on 27th May 2007 and 6th August 2007 asking for a copy of the Consumer Credit Agreement under S78 and they failed to provide one. I also wrote asking for information under Civil Proceedings Rule 18 on 29 January 2008 after the commencement of Court proceedings. The claimant has failed to comply. Because of the Claimants lack of diligence the claimant is aware that the proceedings are now caught by Section 78 (6) of the Consumer Credit Act 1974 and that the claimant is not entitled to enforce the alleged agreement. Because of this I ask the Court to consider (under its case management powers) making an "unless" order that strikes out the claim unless the claimants comply with the Civil Proceedings Rule 18 request and supply a copy of the executed Credit Agreement containing the prescribed terms, Notice of assignment with proof of delivery, and a transcript of all transaction including charges, fees, interest, and repayments .

What is the allocation questionaire? I may have had one but cant remember what I put! eek Should I send a copy of the CPR 18 or not?

thans for that Edz11, should i send a copy of the CPR as well?

Hi I have just compiled a letter to the court requesting they order the claimaints to comply as follows; Having written to the claimants Solicitors on the 29th January 2008, under the Civil Procedure Rules, in order for me to be able to present to the court an adequate defence this information should have been furnished to me by the 8th February 2008. The claimants replied stating that this information could be obtained using a Subject Access Request under the Data Protection Act. Having previously requesting information from the claimants i.e. a copy of the Credit agreement referred to in their claim, and deed of assignment under s.78(1) of the Consumer Credit Act 1974 with the appropriate fee of £1.00 on the 29th May 2007, this request was sent to the claimants by recorded delivery, a proof of delivery being obtained. The claimants failed to reply to any correspondence which included a further letter sent to them on the 6th of August 2007, which directed the claimants to their failure under the Consumer Credit Act to supply the requested information within the timescales laid down within the act of 12 days of supplying the information requested, and after 30 calendar day the company commit an offence. It is my understanding that under Section 78(6) of the Consumer Credit Act states; If the creditor under an agreement fails to comply with subsection (1) - is not entitled, while the default continues to enforce the agreement; and, if the default continues for one month be commits an offence. I would therefore be grateful for the courts help in obtaining the information I have requested from the Claimants under the Consumer Credit Act and the Civil Procedure Rules in order for me to provide the court with an appropriate defence. Any comments of help with wording would be great. Thanks

Hi Sorry for the delay inreplying to these posts, but things happened and i need to get a new laptop. Anyway down to buisness. Their claim, "the claimaintclaims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained". The claimed is for 934.09 plus costs. My defence is that I have requested information namely the Credit agreement, which the claimaints have failed to comply with. Any info you could give me would be gratefully received.

hi, they are suing for approximately £1500-1600. My concern is that I was infront of a judge not so long ago who said there is already agreement about how much a credit card can charge! anyone know what he was on about? Secondly, I need to know how to get the solicitors to comply with the requests I already made under the CCA, and CPR? If anyone could answer these questions I would be grateful. Thanks

Hi yeah it was the CPR letter from the site that I used, maybe i need to write to the court about it! How do you get courts to make order to get information regarding the claim?

Hi All, I have received a court date for Robinson Way who are chasing me for a debt from Capital One. I had written to them directly when they first contacted me requesting the CCA. They failed to cokmply with this, despite a second letter, all of which were sent recorded delivery. On receiving the court documents, i filed a partial defence, and have requested information from their solicitors under the civil proceedings rule, they have written back refusing saying they have no need to comply with this request, and that as i have filed a defence the information I am requesting is not covered by the civil procedings rules, and is covered under disclosure. Although they did suggest that I could get the information under the DPA sending £10. Any help would be appreciated. Thanks

Thanks pt, you've been real helpful

Oh the other thing that came out in court was that credit cards aren't being pursued as the banks for charges, and that the law is very clear on this, and there charges? any ideas?

hi all again, I attended court this afternoon, and a general adjournment was made with a stipulation that HFO had to provide the information under the civil proceedings request within eight weeks of the case would be struck out. How does that sound?

thanks folks. A further update, It's now 7:30am, and I have just received a pack of documents which is there claim sent to my home address. It does not however have any of the information I requested in my original letter, not only that but the statement of truth dated 07th January 2008 refers to payment made in november 2007, the printout and telephone conversation demonstrates that they only found out about the payments yesterday, small and insignificant point, but not very truthful ha. Any ideas would be helpful be fore i have to go to the court. Thanks

Hi, Thanks for your reply, I found out about the hearing just before Christmas, but what with one thing and another, and there has been no request for my defence yet, I didn't think the case would go ahead. Unfortunately the solicitors for barclaycard contacted me today to find out if I was going to court of which I said yes. Any advice would be helpful Thanks

Hi Everyone, New Update, I'm due in court tomorrow, although I have not received any of the information requested in my correspondence. The court have been most unhelpful so what do I need to take tomorrow in order to get this dismissed or adjourned. Any help would be appreciated

There solicitors contacted them about two weeks ago, despite when the charging order was granted the judge did warn them about pushing my m8 into a position where she would have to go bankrupt. I will look at all her paperwork particularly interest and wee what we can do. Thanks

Hi again, Sorry to be a pain, but any help in wording a letter to a solicitor would be helpful, something along the line of monthly installment or lump sum in full and final settlement. Anyones help would be appreciated, but there is a deadline of tomorrow. Thanks again.

No Aktiv Kapitol, Who have now come up with some agreement, which I need to check

Thanks for your reply, I think what the judge said was that they would again have to apply to the court for the disposal of the property, but even so the threat is intimidating to say the least.

Hi again, All of the DCA's that I have contacted have now defaulted on returning what was requested. I have had a letter from one today, who says that as they did not lend the debt they do not have to provide a CCA, as they purchased the debt, and are completely within their rights to collect the debt, even though it is in dispute. Any suggestions? Thanks

Hi again, Sory to be a pain, but is anyone able to help with this quiry?, the other alternative I suppose is to go bankrupt. Any info or wording to solicitors would be gratefully received.

Help please, I have a friend who was recently taken to court for an outstanding repossession of a house in 1994, with the last agreed payment being made in 1997. The Mortgage company (halifax) pursued this case which eventually went to court, and my friend lost the case, despite the council of mortgage lenders ruling, etc. she was landed with over 65,000.00 worth of debt in that case, despite the Halifax claiming 23,000.00 on a MIG. The Halifax have now placed a charge against her property, are requesting monthly payments, which unfortunately, she is unable to make due to severe financial difficulties, and they have now threatened to sell her house, even though when the charge was made they were told that they could not do this by the judge. The halifax are still charging 8% statutory interest so the debt is increasing on a daily basis. Questions; 1) would it be wise to report the Halifax to the council of mrtgage lenders regarding the breach of guidlines, 2) how can statutory interest be stopped? 3)Is there a cheap way in which to challenge the judgement? 4) how do we go about settling this case. If anyone has any ideas or suggestions for wordings of letters to solicitors we would be most grateful. Thanks

OK update, Still have no date for listing, although have now had it moved to a court near to me. I have reported HFO to the court twice now for not complying with the civil procedure rule despite giving them more than the 8 weeks they asked for. I have telephoned the court today, and they have told me that I need to complete a N244 with a fee to have the case dismissed. I have just completed this form, and will be sending it tomorrow, the reason that I have given is as follows. "The claimaints have failed to respond to the defendants request for information under the civil procedure rules, dated 20th May 2007. The claimant replied on the 23rd May 2007 asking for an 8 week window in which to supply such information, this has still not been received. In light that the claimaint is frustrating my ability to defend this claim along with possibly entering a counter claim against the claimaint, this case should be dismissed." Any further Ideas. The courts don't want to seem to get involved unless they are paid is this correct? Thanks for any assistance you may be able to give.

thanks looking, great advice.

Hi Again, I have just had a threatening letter from Aktiv Kapitol who say they are now going to take legal proceeedings against me, despite them admitting that they do not have and can not obtain the original credit agreement, what should I reply? Any assistance would be gratefully received.

Ok thanks very much, I think he was looking for more compensation but it seems that the concensus of opinion is take the money and run, and get them to pay all due costs. Thanks once again.