I've sent this off to them recorded post today

A usual story... Credit Cards are covered by the s.10 CCA,as running account credit though, right?;

Received the agreement from DCA - all looks ok. Actually don't think I'll be progressing with this one, as I've just checked my file and they haven't actually defaulted me despite them thinking they have! I've checked all 3 CRA's and - nothing! The debt is 5 years old, and I'm paying £4 a month so I can't be bothered with the hassle and have nothing to achieve really? Oh well, worth finding out where I stand anyway...

Sod this sitting waiting around for them to get back to my - surely if Wescot have raised a dispute, I should be dealing with o2 again now? Anyway, I'm writing to o2 in the same terms (default removal and I'll agree to settle early) to see what they say. This may be tougher than I thought!

I've had some time to think/draft a response, so here it is - any comments?; (Sorry, but it's 8 pages long @ size 12 font!)

I'd read that beforehand and decided on MCOL anyway - given the grief I've had with other claims at my local Court, I can't see the point going with an N1 anyway. MCOL?... Stay will be applied! N1?... Stay will be applied! Stay applied?... Nightmare getting it removed, regardless of arguments or financial hardship caused, or whether its with Northampton or my local Court! Different actions?... Same result! Chance of winning my second successful claim against the oppressive Halifax... PRICELESS! :-| I should be writing material for adverts, me...

I'm issuing via MCOL today - I would go down the N1 route, in the hope that my local Court will refuse the inevitable OFT stay, but alas the Judge's there don't have the bottle to refuse a stay. So, I'm £50 lighter - (or rather my C/card is £50 heavier!) but I'm in with a (2nd!) chance of getting £302.46 back... growing daily at 0.00022%! Woo hoo!

They can't default you without a legally enforceable agreement and having followed the prescribed terms for terminating/defaulting you - issuing a "Default notice" under the CCA is a legal enforcement of their rights against you. My point is that this shouldn't be used to avoid making payment.

Nothing from the Court yet - I'll wait until next week and ring them to see if they've received the Consent Order... might have to chase OLF again if they haven't. I may have to file an AQ, as ordered, to get the ball moving faster... The Court is too busy staying Charge reclaims to deal with these cases properly!

Received an "Amended General Order or Judgment" with the standard stay wording - now, I'm not sure if this is in response to the Bank's prompts that the Court has issued an Order with incorrect wording, (the Order does say "in response to the Defendant's letter" - which I haven't seen) or, if this is the response to my letter requesting the stay to be lifted. I'm going to wait another few days then ring the Court to see what their reply to my Stay Lift request is... not holding my breath, though!

Hmmm... I'm not quite sure that that is right - any debt you owe is still "owed" even if the debt is unenforceable under the CCA. In other words, just because they haven't produced an agreement, you still owe them the balance but they have no legal method of enforcing their contract against you, nor do they have your legal permission to process any data against you. It doesn't mean that you don't owe them the balance. I'm not sure if that argument will work, as any creditor worth their salt will make extra effort to find an agreement to enforce their debt against you if you argue you aren't paying any more. Surely it's better to either continue (or offer and start making!) reduced payments that you can afford to clear the debt - legally enforceable or not - or offer a reduced, full and final settlement. I won't be advocating that outstanding debts shouldn't be paid, but I am interested in enforcing legal rights against unenforceable debts and improving financial situations. I think he's right, hsbcfiddled - the CCA has no requirement for a witness signature. As long as the customer/executor signatures are there and signed, that satisfies the Act's requirements.

You aren't guaranteed to get compound interest awarded as part of your claim, but you can get simple interest if it's included in your claim - and, of course, you're assuming you're going to win!

Hey Jennifrance1, I may be taking things too literally here, but doesn't this mean that you are suffering financial hardship as a result of the stay continuing to apply to you? If so, you need to ask the Court to lift the stay as the OFT has said cases of financial hardship should be heard. I've sent a letter using some of the template, (reworded, as 1 of the Judges in my Co Court already commented on downloading template letters and how he hates that!) giving details of my financial hardship (I'm in pretty much the same situation as you) and some other reasons why I think my stay should be lifted - the Court hasn't replied yet, but I'd be surprised if they ask for a fee to consider the application as the Bank didn't have to pay a fee for requesting a stay that was granted during a hearing! Even if they ask for the fee, it can only be £35 unless I request a hearing - if I pay £35 and the Court/Bank want a hearing, I shouldn't have to pay the fee of £65 IMHO...

I've received a letter from Wescot about one of the accounts, but not the other, stating that the dispute raised has been recognised and that no further collection activity will take place on the account until the dispute is settled. Confused now, as I haven't raised a dispute - and they've still failed to reply to the letter I sent on 30/08?

Reply from B - credit agreement for the loan, which isn't signed/dated, but nothing for the overdraft... They must think I'm daft, how can they send a default notice under s.87(1) of the CCA when they don't have a CCA regulated agreement? They have conveniently ignored the information I have given them in relation to s.10 CCA above, also. I'll be waiting for the full default period to pass by (September 26th) then writing back to them. Bear in mind that I've already WON my case against them for charges applied to the overdraft, which is £900-odd from a £1100-odd balance - and now they admit that they don't have an agreement! So, how, exactly, did I agree that you could charge me in the first place? Tsk, tsk, Barclays!

I can't disagree, but the claim will be case managed by the Court you issue at and can be transferred to a Court local to the Claimant, in these cases.

I agree - settled is good, but total removal is better. A settled account still shows as a defaulted account, which is my issue - lenders still look on it as a terminated agreement and it's still frowned upon as adverse credit. I think this thread shows that you shoudn't settle for "settled", but use that as a backstop if you can't get complete removal.

In theory, yes, but you'd need to have strong evidence (probably a report from your existing creditors showing the reasons why you are paying a higher rate of interest) and even then the Court can decide that the damage is too remote, if they want. If would make a good basis for removal though, so worth including any of these details on your claim and supporting bundle. It might even get their mind focussed on settling early by opening the negotiations up around default removal if your claim is sound!

The latest update to this thread can be found here; http://www.consumeractiongroup.co.uk/forum/other-institutions/98728-car2403-line-finance-ltd.html I won't update this one again, as both these issues are being dealt with together so you might want to subscribe to this link instead?

Received a letter from OLF - not from the guy I spoke to - that says; This isn't what was agreed, so I've sent this; I've also changed the wording of the agreement order to go to the Court, as that was ambiguous - I think they may have tried to pull a fast one after signing the original so, no chance of that now I've redrafted it. (It just needs their agreement, which I'm yet to receive) Interestingly, I've received a letter from the Finance and Leasing Association - handled the complaint forwarded from the Financial Ombudsman Service, as it wasn't relating to the current financial year - stating that the letter I received is the final response from OLF and that, if I didn't agree with the response, I can now refer the complaint to the FOS. It must be just red tape that means you go to the FLA first then back to the FOS if not satisfied - if they don't agree to removal of the default I'll see them in Court for the charges (win or lose, but it will cost them to defend anyway!) and back to the FOS re: the default registered. Hopefully this will all be over in the next week or so...

You should include the standard template for this request; http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html Be aware though, that many Judges have seen this template already and still stayed cases regardless. Personally, I think you are better off honing in on the individual and unique issues you have (if any) with the stay - simply using this template is no longer enough in the majority of Courts. If you can show specific financial hardship, for example, this can only make your application stronger. Be prepared to have your claim stayed anyway though, as most of these applications are being turned aside. (While the Court still charges you fee for making it, that is!)

If you're only filing for removal of a default, the fee is £150 as it's not a "money claim". If you can show damage in monetary value, it's £30-£120 depending on the amount. Check with the Court that they'll accept a "money claim" for removal of a default before filing, or your claim may be struck out.

We all need to buck the argument of preventing wasted costs by having every claimant out there send in a requested to have the stay lifted - if it's at the Judges' discretion, lets force their hand and see how they like dealing with 600 requests to have a stay lifted each day... They'll soon realise that it would cost less to deal with the claim as normal than continue this pathetic situation. I've already sent my request for my claim - have you sent yours?

Nothing from Barclays, but that isn't a surprise. They are either going to make me wait until the last minute, (14th September is the end of the 28 days for payment) or they just aren't going to pay at all! I've drafted this to send to them this Friday; I know this is pushing it a little, but I feel so sorry for all those litigants that are having their case stayed (which includes some of my other claims, BTW!) that I really won't give them an inch here! The moral victory will be ours!

Defaults can be challenged in certain circumstances - disputes over balances because they are made up of illegal charges/fees, not receiving the correct paperwork when the default was issued, or having a regulated agreement that isn't enforceable under the Consumer Credit Act 1974. Negative payment history is notoriously difficult to remove - though not impossible - as it shows "factual information". You are in arrears so they do report you as being so on your credit file. The only real argument to this is if you can show that you didn't take the agreement out in the first place, which is usually unlikely. The only way to improve your score like this is to maintain payments or take out some higher priced credit, then wait for the negative information to drop off your file - usually in 6 years!