The claimant is Egg Banking Plc. I am presuming that the agreement they are referring to is the negotiated payment agreement but the forms don't make that clear. Phil

The monthly payment agreement was arranged via another DCA acting on behalf of Egg and I was paying. As I said, I missed a couple of months due to personal reasons (my mother died at the end of August). So basically, yes, I did agree to make monthly payments. Incidentally, since missing these payments I received no further warning either from the DCA or anyone else. Phil

From the "Particulars of Claim" section of the form: "The Claimant's claim is for the balance due under an agreement which is now all due and payable. The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx but has failed to do so. And the Claimant claims the sum of xxxx.xx. The Claimant also claims interest thereon pursuant to S.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00" The interest amount is actually what is printed on the form, if they're not claiming anything then I'm not totally sure why they bothered putting that bit in! With respect to procedure etc, I have had a notice of default in the dim and distant past plus I put in a CCA request with one of the DCA's involved which was responded to. I probably have copies of everything somewhere but it would take me quite some time to find everything (depending on where the wife filed it!). Thanks, Phil

Hi folks, I have today just received a CCJ claim form from Northampton CCBC, have been scanning through here looking for advice and have seen quite a few comments regarding this Bryan Carter character. The claim is for an old Egg credit card that I had problems paying (amongst quite a few other things following being made redundant from a well paid job a few years ago). I have ended up going through the proverbial mill with a few DCA's playing the usual game of refusing to accept my offers of payment until one finally took the hint and accepted a token payment (all I could afford really due to mortgage issues but that's another story entirely and one the FOS are working on!). Due to some recent personal issue I have missed a couple of payments and now, without any other warning the CCJ paperwork arrives! While I do not dispute the claim as such I am wondering whether, due to the recent issues / comments over Bryan Carter & Co Solicitors - how should I go about dealing with this? I am considering just admitting everything and offering £5 per month (£3 more than I was paying previously), does anyone know if this is likely to be accepted, bearing in mind that my financial statement to the court will reflect that this is a fair and manageable amount for me to pay? Thanks in advance for any assistance and if anyone needs any further information please let me know. Regards, Phil

Firstly, thanks for the help - everyone! Secondly, as the CCA appears to be a photocopy of a fax then I presumed that the missing '1/2' was actually a fax cover sheet. It looks to me like Capquest had to go begging to the original company for this! As to any other documents, all they sent was a covering letter, nothing else.

Okay, I have taken a look at the copy of the agreement and it appears to be a photocopy of a fax. Although it is difficult to read it does appear to contain all the prescribed terms and is signed by my wife. I have asked her whether she remembers receiving a notice of assignment but she does not recall having seen one from either company. If I remember correctly the first notice she got was when Capquest started sending letters and telephoning chasing payment (we soon put a stop to the telephone calls!!). I can scan the agreement but how do I post it here?

I've noticed, the moment they realise that you either know what you're talking about or have a source of good advice they all seem to go quiet!!

I'll have to get the good lady to tell me where she's put it and get back to you, I don't think the quality is too brilliant either. Watch this space.

Thanks Curlyben, I've spoken to a Mr Murray (others here will have heard of him) on a couple of occasions and left him with no uncertainty as to what I think of him and the tactics of the company he works for! Never at any time have I actually talked about the debt with him! I was considering sending a CCA request and your advice has just pushed me over the edge, the letter is written, printed and just needs posting!! I'll update this thread when they respond. What has confused the issue with this debt is that another company were dealing with it previously (BLS Collections) and I was receiving letters from both. As BLS got in first I continued to deal with them but they stopped contacting me after I wrote to them making an offer and telling them about the harrassment from Allied. Allied got a similar letter saying that I was dealing with BLS and that unless they could verify their authority to deal with this matter then I would not talk to them. After what's happened to me in the past I treat companies like Allied as sport, when you've been sat in a court with your wife in tears trying to convince a magistrate not to give your house back to the mortgage lender - letters/tactics like this don't scare me!!

Thanks Curlyben, that saves me having to find the prescribed terms again! I'll check what they have sent ASAP. Still not received a statement of account, I'm also interested to know my legal standing with regards to questioning their authority to enforce this debt, any ideas?? Thanks, Phil

I think most people on here are aware of Allied and they're tactics but I think I may have managed to get the message across to them that phone calls will not be tolerated (repeated threats of Trading Standards, OFT & police etc). What I have had now has been a couple of letters both saying about court action and offering an 'our of court settlement'. The first intimated that I was ignoring them (not the case) and the latest claims that I have failed to make contact with them (an outright lie). My intention is to send them another letter, enclosing a copy of my previous offer (which they have completely ignored) and stating that any court action will be defended and that they will have to explain to the court exactly why they have ignored my offers. On both of the recent letters they have given me a time limit of 5 days from postmark to respond, I'm questioning whether this is entirely legal??? Personally, I think this is just a tactic to try and get me to phone them (NOT going to happen!). I always enjoy pointing out the particular regulations to these people (such as the Protection from Harrassment Act) so if anyone can advise what the time limits are for things like this I would love to know. Also, if anyone has any advice as to what happens if a company takes someone to court having completely ignored written offers I would be interested in hearing about it. Thanks in advance, Phil

I'm planning on taking a close look at the CCA when I get chance. I'm just wondering whether I have any legal standing with regards to demanding that they prove they have a valid claim by producing a deed of assignment etc. I am aware that they would have to produce this in court and that it would not favour them if they have failed to do so when requested earlier.

Hi everyone, I've spent a lot of time looking through various Capquest threads for anything similar to the situation I am dealing with for my wife. Capquest apparently bought a debt for a credit card my wife used to have from Solutions Finance and are now pursuing it with their usual tactics. We sent of a CCA request which also requested a statement of account, a copy of the executed deed of assignment and a fair processing notice. Eventually (after the 12+2 days but before the criminal default time limit) the CCA copy appeared which was a photocopy of the original signed agreement. What I am wondering now is what is the legal standing regarding the other items requested at the time? Are we in a position to question Capquests legal rights to pursue this debt if they fail to provide a deed of assignment? We have recently had their standard format threat letter which waffles on about bailiffs etc and are treating this with the contempt it deserves (I had a CCJ years ago and am well aware of how hollow this threat is). Any advice on where we go from here would be appreciated. I was originally going to offer a token payment (can't afford much more at the moment but that's a whole other story!) but their latest letter just makes me want to drag out the fight! Thanks in advance, Phil

Jamorgan, I've just spent most of the night skimming this thread and I have to take my hat off to you. My wife and I are now going to be following this closely as we are currently trying to remortgage to get away from Kensington (with the recent interest rate rises our monthly payments are now just over £1000 per month!). We also wrote to them to politely request a reduction in the ERC but received a letter which basically said get stuffed! I was considering trying to get the ERC back afterwards (may still try) but we've also started the complaints procedure with the broker who arranged the mortgage as (following professional advice as we now have a broker as a personal friend and they love to see the competition get a kicking!) we feel there are good grounds for a claim that we may have to refer to the FOS!! Good luck with your appeal!! Phil