Got the impression that this was something that had happened within the last week or so. DJ suggested to Counsel for Claimant that if their client had any other cases of this nature that this would also apply to those and he mentioned specific Courts within the County. Seemed to me from what DJ said that any cases that concerned Unenforceable Agreements would now be stayed pending the outcome of the test cases.

One thing that did occur to me over the weekend was does DJ agree with me that agreement is improperly executed and only enforceable by an order of the court. Claimant has insisted their agreements are properly executed and contain ALL prescribed terms and they can enforce without an order of the court.

Yes, followed that thread when that was on-going but hadn't seen any activity on it in last couple of months. As I said was under the impression that the cases that had been stayed were only those which involved individuals or Claims Management Companies acting on behalf of behalf of individuals, who had requested courts to rule on whether agreements could be enforced.

Has anyone else come across this in the last week/ten days? Attended Fast Track Trial in respect of Credit Card. Defence is CCA improperly executed - therefore only enforceable on an order of the court, missing prescribed terms and defective DN. DJ at trial surprised it had reached trial as quite clearly the test cases involving unenforceable CCA's has significant bearing on this case. 1.Claim is Stayed until further order: 2.Either party may apply to have this order set aside or varied: 3.Any application for order to be set aside or varied and claim shall be transferred to XXX County Court for consideration as test case under His Honour Judge XXXXX QC.:eek: I was under the impression that the cases that had been stayed were only those which involved individuals or Claims Management Companies acting on behalf of behalf of individuals, who had requested courts to rule on whether agreements could be enforced and also in Chester CC. From what DJ said he was suggesting that more (if not all) claims would be being stayed – as County Court system was clogged up with these claims – until after Test Cases heard. DJ made particular reference to one CMC who had over 400 claims currently on-going in one County Court.

Original Creditor offered a 50% reduction over 12 months ago, but told them I would only consider settlement offers if they provided written confirmation that they had no enforceable CCA and no legal action would be taken. I did'nt get a reply

This offer came much quicker than I thought: Dear Blondie40 WE ARE WRITING TO TELL YOU ABOUT A VERY SPECIAL OFFER BEING MADE AVAILABLE TO YOU THIS OFFER IS TIME LIMITED SO YOU MUST CONTACT US WITHIN 7 DAYS OF THE DATE OF THIS LETTER - (letter arrived 6 days after the date on the letter) WE ARE PREPARED TO ACCEPT A FULL AND FINAL SETTLEMENT OF £XXXX.XX THATS A 35% REDUCTION ON YOUR OUTSTANDING BALANCE CALL US NOW WITH YOUR DEBIT CARD DETAILS OR USE THE ATTACHED PAYMENT SLIP AND SEND YOUR CHEQUE TO: DONT FORGET YOU MUST CONTACT US WITHIN 7 DAYS OF THE DATE OF THIS LETTER. IF YOU FAIL TO CONTACT US WE WILL INSTRUCT OUR SOLICITORS TO START COURT PROCEEDINGS AGAINST YOU.

Reported one of the previous DCA's to OFT after they sent "Security Telemessage" which informed me that recent transactions on your account are giving cause for concern PLEASE CONTACT US IMMEDIATELY. Got back a letter from OFT saying the "OFT has no authority to become involved in individual disputed between consumers and traders" and they had noted my complaint and will consider this alongside any other complaints we receive. Has anyone had a result from writing to OFT?

Thanks cerberusalert Have already written to new DCA pointing out account has been in dispute for two years and also that this was pointed out to other three DCA's account was passed onto. This is first time I have dealt with an account that has been sold onto a DCA as previous DCA's acting on behalf of their client and all passed back to OC after 3/4 months. Going to be interesting to see how this one plays out.

Know I need to spend some time looking through the many threads on this matter, but hopefully someone can offer some guidance. When the original creditor sells a debt onto a DCA (in which they assign all rights to the DCA) and the DCA then issues a County Court Claim, is the DCA required to produce the original signed agreement between the original creditor and the debtor? Also are the relevant default notices and termination notices those issued by the original creditor? My experience in the past has been dealing with the original creditor as being the claimant, this is the first time I could be dealing with a claimant who is the DCA who bought the debt.

Is that after hoovering and dusting the LearJet?

If you can read why not respond to people's letters, requests, complaints etc etc etc?

Sorry forgot to reply to this. It wasn't secured against my house - something Andy would have known. So why make those threats.

Maybe they can't read.

I complained to AIC - AIC claimed never to have received it even though sent Special Del and I got a signature. The person who's statements you sent me, I believe complained to the your client.

Thank you for confirming you would make such threats like that. PS - I did complain AND I'M STILL WAITING for a reply

And I've still got the recording of your message.

Are you Mr A Gilmour? If so I have a bone to pick with you. You left me a message informing me that as I did not acknowledge the debt you had contacted me about you would obtain a court order, take possession of my house as you had checked that I owned my own home, sell it, pay off the debt and if still any more due make me bankrupt. You received a CCA request, did not supply a copy of the agreement and sent me 24 months worth of statements for somebody else account. When I pointed this out you dropped the account like a hot potato and returned it to the original creditor but you never respond to my compliant. AND I'M STILL WAITING

The can phish as much as they like, after two years of dealing with the many threats of "Court Action, CCJ's, Charging Order's, Attachment of Earnings, Bankruptcy, we've passed this onto our solicitors" etc etc etc. I don't think I fall under the category of "there is a possible mug yet to be convinced we need your money". Do OC's tell DCA's when they sell them the debts for (is it still 10p in the £) that they probably have an unenforcable agreement?

Pinky69 Many thanks, will give your suggested letter a try. I don't imagine it will make much difference to them. Have already had two messages a day since last weekend from them asking me to call in regard to a very urgent matter in relation to (Original Creditor). B40

Over two years ago, and after discovering CAG, I made a CCA request of a creditor. The document they supplied was an application form, they confirmed this by attaching to it a compliment slip with the message written on "in respect of you request under S78(1) of the CCA 1974 please find attached your application form. Please contact us with your proposal for payment within 7 days." - I have not made any payments since then. The application form is unenforceable as it does not contain the prescribed terms, this was pointed out to them, they passed the account onto their own in-house DCA, then onto a further three external DCA's. The final DCA after numerous letters demanding payment sent a "Security Telemessage" which informed me that recent transactions on your account are giving cause for concern PLEASE CONTACT US IMMEDIATELY. I passed this onto the OFT and when I wrote to the DCA to inform them the account was immediately returned to the original creditor. That was nearly a year ago and since heard nothing from OC or any DCA, until last weekend. A DCA have written, on behalf of their client who have purchased the debt from the original creditor. The company who the debt has been assigned to are trading as the DCA. They have supplied nothing to prove the debt has been sold to them, nor have I heard from the original creditor that they have sold on the debt (although this seems to be quite common). What is the best approach with something like this, do I start off again with a CCA request?

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VS, have now received Notice of Arrears. Interesting thing the opening balance and closing balance are both exactly the same amount. Which both match exactly the amount on their original claim form + court fee. So it looks like they have added court fee to the outstanding balance can they do that. Will get scans done and post NoA.

It might be worth paying to get it, just so I can be certain, I sure at the time the DDJ was direct his comments to claimant's barrister, but would need to know if the case he mentioned helped the claimant or defendant. Take it I write to Court Manager and ask for transcript of hearing. How do they charge for these things, is it so much per page?

Thanks IGNM, for looking on Lexis. It could very well be that I misheard him and/or wrote it down incorrectly. I got the impression that his comments where direct at Claimant's barrister as he was very critical of the claimant bringing the application given the contents of my defence. Is it possible to get a transcript of the hearing from the court?

Have recently attended a hearing at Court following claimants application for defence to be struck out and Summary Judgment. DDJ dismissed claimants application, he appeared to have a good understanding of CCA and Regulations and case laws used. Made some notes whilst at the hearing as the DDJ made reference to a case that he felt had some bearing on aspects of this case. Unfortunately as I was writing quickly some of my scribble may not be right. The notes I made are: HFO Services v Patel, High Court, summer 08, Judge Platt Dealt with Cancellation/Default/Termination Notices and relevant regulations Have had a search but not been able to find anything (although could be I did not pick up on everything DDJ said). He was on a bit of a roll at this point and was speaking quite quickly. If anybody could point me in the right direction or knows the correct case details I would appreciate being putting on the right track Thanks B40