Without you having signed an agreement that contains the prescribed terms the debts are unenforceable. Full stop. If they can't find one then the ICO have said iredeemably enforceable = no defaults. I'd invite them to remove them now failing that then you'll complain the ICO.

The CPR letter is the formal request - so a reminder is a simple reminder but with a mention that the info was requested under CPR18 and they have failed to comply with the request.

Site fixed so can now reply! Write back and point out again that the agreement clearly shows that a deposit was paid "to the supplier of the vehicle". That deposit is not shown on the agreement relating to the car. Say that the agreement does not state that the deposit was paid to "the supplier of the insurance". Say that you will write separately about the mis-sold insurance. Have you had a look at the PPI thread? Which of the situtations seems to cover your mis-selling?

Well the thing to remember is that these are covered by the CCA if credit is given to an individual. Don't use "indemnify" "guarantor" or any other technical term in front of the Judge. Keep it simple. The reason the lender gives an individual credit is that it is easier to get it back than from a defunct Ltd co. But, that has a downside - namely the Consumer Credit Act. Look at post 6. If your missus was given credit in her own right (post 12) then it is covered. If it was HP then you are entitled to terminate the agreement if you've paid half the total (cash price + interest - deposit). To do so you say. in writing "I terminate under S99" and pay the payments due up to the date of termination. As for dodgy goings on - they may help but it depends on the frame of mind of the Judge and how shocking they are!

they can't enforce it until they've complied with your request. Although, I did see a catalogue co say "we can't find it" then issue a county court claim!! I reckon that was a mistake..

plenty of time for you but the pressure will be on Arrow shortly. I wouldn't stress too much about contacting the OFT. Bugs Bunny can take you to court if he thinks you owe him carrots...

can you scan and post what you've signed. what you've said indicates the CCA applies but before we start getting in deep and dirty then scanning up everything seems the best course of action.

if you didn't sign a document containing the prescribed terms then it's unenforceable...

So you 1) signed the short application and then 2) received the card and with the terms and conditions (with the prescribed terms). That's fine. You didn't sign a document containing the prescribed terms:)

The clock started on 27 January (which is the efective date of service). On 19 February I'd fax them late in the day (hope you've got a fax number for them). I'd simply ask for a copy of the CCA and statements which you need urgently to prepare your defence. They should send them by business post so that you will receive them in time to prepare your defence. They won't reply so on your defence you say that information was requested fro the claimant to enable you to defend the claim but that they haven't replied. You say that you wish to make a full defence if they finally get aroud to sending you the information over the next week or two. You'll get an allocation questionaire after that. Then it's CPR18 time (a formal request).

Bit of a slur is that photo... More likely the shakes in the morning after another nights drinking.

If any survivors have taken to the lifeboats they can be machine gunned by applying for a strike out after 27th...

BC aren't the Court and can't give any general extension of anything. No defence and they'll apply for a default judgment (very sneaky). I bet you don't have it in writing that the Cout action will be stopped if you pay the £10 a week. "we would never say that M'lud". You need to write back to them and say that you note; 1) The contents of their letter of xxth February. 2) That they are refusing to comply in full with the request you have made under CPR18. 3) That they are at present unable to substantiate the partculars of claim. Say that their refusal to supply the information will add costs and delays to the case and will mean that you will only be able to submit a partial defence. As a consequence you will ask the Court to consider making an order for full disclosure and compliance with your CPR 18 request using its case management powers when you return your completed allocation questionaire.

After the 12 working days then they can't enforce the agreement. So they can sit and do nothing and it won't really hurt you much. A month after the 12 days they commit an offence. At that point you should write to your Trading Standards Department and tell then that an offece has been committed and ask them to investigate and prosecute. They will write back after a few weeks and say we've investigated but "we won't take action". At that point you write to the Local Government Ombudsman. You complain that a criminal offence has been committed and that your Local Authority has refused to take action and prosecute the offender. You will need to point out to the Ombudsman why you will suffer from the LA's decision. The bit of the legislation which says the Creditor must provide the CCA also says that there is no need to provide one if nothing more is due or payable under the agreement. So if the creditor writes off the debt and tells you so then they can escape prosecution. By not prosecuting the debt will be passed round again and again to sucessive DCA's who will hound you for a debt that is unenforceable. So a failure of the LA to prosecute is going to cause you prejudice. The Ombudsman will see that the LA complies with its Statutory duty under the CCA.

That's exactly what I assumed... Sit him down and get him to list all (and I mean ALL) his debts. Then we can start to look at which ones are enforeable and which aren't. You need a copy of that court order though!

well it's all down to what the order says. You need to find out by contacting the court.

If you've sent off your £1 for the CCA and they haven't provided one then "he is not entitled, while the default continues, to enforce the agreement;" Which sort of stops things when they get before a Judge.... CPR 18 - A formal request for more information about a party’s claims or documents. Asking if they have the executed CCA with your signature is quite reasonable. Pointing out that they will have to provide the CCA at some point but them saying they won't until ordered to by disclosure is just delaying things and adding to costs. Post up the full POC and your defence.

you'll have to be more specific. It's too vague.

Don't understand the "sort it out amongst themselves bit". courts don't do that. What did the court order actually say.

You need a copy of the order and as soon as you get it you need to let us know what it says. The ship's engines are at "full stop" but the ship is still afloat. It could restart engines and get underway at any time. The idea is to sink it with all hands...

This is the legal system - you have to know about law before you can use it. So if you aren't legally trained then you're going to get shafted. Storm and Pt's defences (Pt's is known as the daisy cutter defence) is proof that short defences don't work and have a habit of biting the person submitting it on the bum at a later date. As for costs - Storm should total all of his costs up so far and when he's got Judgment chirp up immediately and ask for costs and throw in a costs schedule. £9.25 per hour + actual costs. I won a costs hearing two weeks ago (reminds me - they haven't paid yet!) as the claim was valid and easy to substantiate. The £500 awarded to the claimant can be easily exceeded. It was their action that started all this off!

I'd do that - avoids any doubt then!

what exactly does that letter say?

Payplan again... You've admitted to a debt that you were in the process of disputing! Was that a default judgment you are referring to? and did you apply to have the judgment set aside on 17 December or was your application to have the judgment varied?

I think you're being overtechnical - well, using the wrong phrases to be honest! What did HFC do - did they take you to Court? What was the date on the clainm, the form N1 (look for the number at the bottom of the left hand corner). What was shown on the particulars of claim?? If you sent off a CCA request and there is anything payable under the agreement then they are legally required to send it regardless of court action or the weather. You need to send a Subject Access request and a tenner off to get details of the charges.