Donation made Hope it helps a little Russ

Hi Received the exact same letter as well also supplied me with an information sheet from the OFT Thought it strange as well seeing as i've had no contact for months either

anyone heard anything from apex recentlyall qiuet with me at the moment

Just to clarify Claim is still stayed Will let everyone know when anything happens chelsea

just to clarify case is still stayed at the moment and will keep everyone informed when anything happens chelsea

purplepaws You could be waiting a long time,he sent it over a year ago

I think my credit report is shot already already been defaulted have no intention and hopefully will never need to use credit again

yes been witholding but putting aside I had had no acknowledgement of the previous 7 months payments where as before was getting a receipt every month

Sorry caro I certainly had no intention of witholding information which may help others My defence was pretty much what the mould advised in post 11 thanks chelsea

Hi Kittiebelle Have a look in sussex1's thread just below I've put a link to the judgement on that case. I think everything came in favour of egg chelsea

It was just a non response from claimant I've had nothing to post since defence went in as nothing has happened since then,will get back to posting as soon as I hear anything thanks chelsea

Hi Peter Claim was stayed at the beginning of december so just waiting for next move.

Hi sussex1 Sorry I cant help with your response I am also in the same position as you. This should be the link to the outcome of the case It appears to have come in favour of egg but someone please correct me if I'm wrong http://www.consumeractiongroup.co.uk/forum/showthread.php?276509-Alexandra-Slater-v-Egg-The-Full-Judgement&highlight=alexandra+slater

Thanks to The Mould for all the help you've given me,will get my defence in and keep you informed of what develops thanks again chelsea

Hi Everyone I've got to put my defence in by the end of the week and was wondering what to include in the wording of it. I have received no reply to the letters sent to the claimant and solicitors as mentioned above. I sent the cpr 31.14/31.15 request on the 4th oct and recieved a letter back from dg solicitors 12 days later although dated 8th oct that they received it but because it had no signature couldn't act on it,have since resent it but not holding out much hope of receiving anything. I take it from the claim that if I do receive anything it will just be original terms and agreement from the current account that i once had with them. My defence is that I no longer have a current account and have an agreement superseding the terms and conditions of that account. Do I state that I am still waiting for response to cpr request or that there is a new agreement since original account or do I include everything in the defence.Do I also state that i have letters concerning the new agreement Any help always appreciated

Hi all, Thanks to the mould and to all of you for your replies Yes I still have a copy of the letter of them accepting my offer which I've added below Re : Credit Card xxxxxxxxxx Personal Loan xxxxxxxxxxx I refer to our recent telephone conversation and confirm that banking facilities are now withdrawn. Any formal overdraft facility is cancelled, as are any direct debits, standing orders and automated bill payments which were previously paid from your accounts. If you presently subscribe to firstdirectory, this will be cancelled 30 days from the date of this letter, at which time all benefits associated with the package will cease. I can confirm that, as a result of this cancellation, you will cease to be covered by the Travel Insurance or Mobile Phone Insurance provided under firstdirectory and so should consider seeking alternative insurance cover where appropriate. The balances on the above accounts have been amalgamated onto your current account number xxx Your offer to pay the total outstanding debt at £350.00 per month is acceptable. The first repayment is due by 22nd January 2008 with subsequent reductions to be made monthly on the same day thereafter. Once the amalgamation is complete and the first repayment has been received, a Consumer Credit Act Agreement form will be sent under separate cover. This confirms the amount and term of the repayments and the interest to be charged. It also confirms that, provided you make the repayments as agreed, first direct will not take any further action against you. Interest will be charged at 1% above first direct’s Base Rate which is currrently 5.75%. Please note that the Base Rate may vary from time to time. I must advise you that if the first repayment is not received, I shall have no alternative but to issue Final Demand for full repayment of the total amount outstanding. However, I am sure that this course of action will not be necessary and I look forward to receipt of the agreed reduction. For your information, if you have opened a new bank account, a standing order can be arranged to credit your first direct account. Alternatively you can deposit funds via any breach of HSBC Bank or send cheques directly to us quoting your account number on the reverse. Please contact us if you would like a paying-in book to be issued. Should you wish to discuss the matter or need further clarification please contact the Credit Services Team on xxx I have still been making payments by standing order and wondered what would the reason be to stop paying. Further to your advice I have acknowledged service of the claim and stated that I do not accept the claim. I have also prepared the cpr 31.14/31.15 request and the letter to solicitors and hsbc which I've added below DG Solicitors 12 Calthorpe Road Edgbaston Birmingham B15 1QZ 4 October 2010 Dear Sir, Re: HSBC BANK PLC v xxxxxxx Case No:xxxx CPR 31.14 Request On 4TH OCTOBER 2010 I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. You should ensure compliance with your CPR 31 duties and ensure that the document I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version to include an obligation to recover and preserve such version which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully Dear Sirs We write to advise you of the Agreement made in 2007 that superceded the original bank account and the subsequent terms and conditions of the said account between the two parties in this action and the terms and conditions thereof. We accept your repudiation of that account which is the subject of the claimant’s claim. We enclose a copy of the claimant’s letter of acceptance dated 11th November 2007 and would specifically refer you to paragraphs 4 and 5 from which you will see that the claimant is in serious breach of the said agreement. This is a fundamental breach of contract by the claimant and in that respect we accept their repudiation of the said agreement which therefore entitles us to treat your obligations under the said agreement as discharged. As a result of this breach the claimant has no real prospect of success of his claim and it therefore warrants a discontinuance of proceedings and we respectfully request that you advise the Claimants of this fact immediately. Thanks again for all your advice and if you feel the letters need changing please advise how

Hi everyone, Any help with this would be greatly appreciated I have just received a claim form from northampton county court from DG solicitors on behalf of first direct (hsbc). The claim is for £20,000 + and added charges and interest. The particulars of claim are The Claimants claim is for the balance outstanding under a bank account facility the claimant agreed to maintain for the defendents.It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand. Despite demand dated x x x the defendants have failed to to repay the amount due. The backgrond is my wife and I originally had a credit card and a loan each with first direct. We got into financial difficulty when my wife lost her job and was unable to continue payments. First direct suggested that they withdraw facilitys on my current account,lump the loans and credit card debt into one figure and i could pay back at the rate of £350 per month and they would charge me interest at the rate of 1% above base rate on total figure. They kept the account number open for me to make payments into. I recieved a letter from them in November 2007 (which I still have) confirming this. Included in the letter is the wording YOUR OFFER TO REPAY THE TOTAL OUTSTANDING DEBT AT £350 PER MONTH IS ACCEPTABLE. and PROVIDED YOU MAKE THE REPAYMENTS AS AGREED,FIRST DIRECT WILL NOT TAKE ANY FURTHER ACTION AGAINST YOU. I have since then never missed a payment Also in the letter it says they will send me a cca agreement,which they never did. In feb 2010 they send a cca for me to sign which says i can continue to pay the amount for 12 months then the total becomes payable which I refused to sign. So today i'm faced with this claim from the court which i wish to defend. I'm not disputing the figure,although a couple more payments still need to come off of it. I'm disputing the fact that they have the right to claim the balance in full on demand,when I have a letter from them saying otherwise. Once again any help would be greatly appreciated

Thanks Hefty and others for your input. I was going to go the sar route but maybe leave that for a later date. I'll start with a simple letter asking that as they wont supply the cca's can they confirm that the loans and credit cards have been satisfied and refinanced

thanks for your replys I definately didn't sign anything when they put the debts together but at the time may well have agreed to them doing it over the phone. I really cant remember what was said in the phone calls other than my monthly outgoing was being reduced dramatically. I do remember agreeing to them closing my current account which they use the account number for me to make payments to. They have also been charging me interest at a rate of 1.5% above base rate. I also have a letter from them stating that if I continued with the payment they wouldn't pursue the debt any further. So I take it that if I agreed over the phone for them to merge the debt the cca is no longer in force Do I still need to ask if the accounts are closed and if so what they have in place for the alledged debt.

Hi hefty thanks for your quick reply so shall i send a letter off to first direct asking if the loan/credit card accounts are now closed and if so could they send me a copy of the refinancing agreement

just recieved reply to my cca request they returned the postal orders with a letter saying we refer to your letters please note that we are only required to provide information relating to loan/credit card pursuant to section 77/78 of the consumer credit act 1974 where some sum in respect of that loan/credit card is,will or may become payable.Accordingly where a loan/credit card has been fully repaid, whether by way of a refinancing or otherwise,we regret that we are unable to provide information relating to that loan/credit card in response to any request which is made pursuant to that legislation. ok so because they lumped the debts together they are saying the original agreements are no longer in force. having not signed anything when they lumped these together and not signed the new loan agreements they have been sending me does anyone know where i stand in relation to the enforceability of these debts. i have been reading the few posts i could find which are similiar but haven't found any information as to where i go from here and what my response should be if any if i'm contacted by dg again

Thanks Mike and Hefty I will get a letter off to them and await the outcome of the cca requests

Thanks for your help

Thanks for your help would I need to send a seperate cca request for each of the loans and credit cards Should i send them to first direct and also do I need to reply to the solicitors thanks

credit cards were taken out around 1995 loans around 2002 I did recieve a default notice but will have to go throgh paperwork to see if it was loans,cards or both