When was the last payment made? The clock for a debt to be statute barred only starts ticking from the date of the last payment, from what you have said if account opened 25/10/04 the only way it can be SB is if no payments made at all.

I'm sure some of them will.

Magda, from my own experience that was a real joke back in 2006 when my problems started (long before the credit crunch was born). When I first spoke to my bank about my financial problems the first thing they did (the Monday after the next payday) was demand repayment of my overdraft in full and made my current account so only funds could be paid in and no payments be made from it. Thus making my problems even worse. It has always made me wonder if they had an idea what was going to happen in the next couple of years.

THATS 588,120 (going by working days) OR 825,630 (if going by actual days)

Excellent idea, and thank you car2403 (stops someone's thread being hijacked). Wonder when 2008/09 figures will be available - bet they don't make pretty reading. B40

LloydsTSB need to get in as much money as possible to fill in the black hole they created in buying HBOS. Whether they are looking to sell on the debts or getting SCM to start court proceedings, the more they can get the better for them. So why not end all these informal arrangements they have made and start adding interest then six months later when they sell the debt on, getting a few pounds more for it from the DCA then they would have done six months before. The banks in the UK are due to face another stress test (if it has not already been done) and I would not be surprised if they are advise to improve their liquidity.

http://www.creditaction.org.uk/debt-statistics/2009/april-2009.html 2,262 Consumer County Court Judgements (CCJs) were issued every day in 2008

That leaves 458,701 not accounted for. Wonder what happened with those?

Where would one start. Rather than, as you said "submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act". Would a single request from CAG be morely likely to get a result.

Your probably right: The Freedom of Information Act gives you the right to obtain information held by public authorities unless there are good reasons to keep it confidential. I can think of a large number of banks/DCAs/solicitors who would come up with any number of good reasons. Could CAG, as an organisation, not request it?

And why say "from clauses 8, 10 and 23 of the Terms and Conditions you sign with us". Because you don't sign the Terms and Conditions, you sign the agreement.

Maybe it's a computer that decides which accounts in default get passed onto DCA's for collection, and that computer can not compute the word DISCONTINUED.

That's why you would ask to inspect the original document, so you can confirm your belief that the document is suspect. However how would you then argue that in court, surely it would require an expert witness.

Perhaps now is the time to start asking them, maybe get a letter template done and encourage every CAG member to write to the Ministry of Justice, can you still go onto the No. 10 website and start a signature campaign.

Both claimant and defendant would be required to disclose the documents they intended to use in court. Each side can ask for copies or Inspection of any document listed. Or you could write to Cabot and ask to visit their offices and inspect the original credit agreement, you have said in a previous post "I have dealt with Cabot before and they were above board".

I take it you entered a formal arrangement (DMP) with Payplan. Were the payments through Payplan made to CapitalOne or Cabot? When you stopped making the payments through Payplan, did you get another default notice? I'm not certain how the court make look at this in light of you having entered a formal arrangement in the past with your creditors. Are you in a position to make a full and final settlement offer to Cabot? That might be your best route out of this.

You will have to submit an N268 Notice to prove documents at trial - which you can only do (I believe) after they have submitted a witness statement. Also when did you last make a payment towards this debt?

Have CapitalOne written and told you they have sold the debt on? You will get a better idea when Cabot supply the Notice of Assignment. Until the Original Creditor gives proper notice there is no lawful assignment Equitable is where the DCA collects on behalf of the bank, they do not become the creditor so cannot sue or default in their own name. Absolute is where the DCA buys the debt and becomes the creditor. They then collect for themselves. A notice is sent for this type of assignment as it is a legal action. All assignments under s.136 LoP 1925 are absolute, no matter what Cabot (and others) tell us.

I do not believe that anyone who contributes to this site would suggest to you they are 100% certain you will win, you either have to tough it out by waiting until they issue a claim against you or come to some arrangement with them. Remember, even if they do issue a claim against you and you submit a defence you can still attempt to come to some agreement with them before it goes to trial. If YOU really believe that their is something dodgy about the copy of your agreement the only way you'll find out is by inspection. I can understanding your concern about how a CCJ will affect your credit rating, but remember even if you come to some arrangement with your creditors this will still be recorded on your credit file, and given the current situation any black mark on your file will not be overlooked by lenders. Sorry if this sounds a little harsh. B40

You should wait until they issue proceedings, then find out what documents they disclose and you can then ask for inspection of the original agreement. From my experience with CapitalOne they are unlikely to have kept the original as I have a letter from them informing me that "the original agreement you signed and returned to us has been destroyed." However even if you are advised it is unenforceable, on the day of the trial it will be the Judge who will decide and that outcome depends on the result of the District Judge Lottery.

Don't you think they issue proceedings in the hope that debtor will panic and agree to making payments. Thereby admitting the debt and the claim not proceeding to trial.? They probably have a good idea that the DN's are defective and just hope the debtor hasn't worked it out. It would be interesting to know what percentage of claims issued by creditors are subsequently discontinued before they get to trial following defendant submitting a defence based on faulty documentation.

Having looked at the second page looks like all prescribed terms are in. With regard to the credit limit I think they are covered by stating "We will set and notify you of the credit limit(s) for your account." I don't think they have to say an actual amount. Did you get a Default Notice - does that comply?

What are ‘prescribed terms’? S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) What if prescribed terms are missing or incorrect? s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. 8.3 What are the prescribed terms? The prescribed terms specified in Sch 6 are as follows: * amount of credit * credit limit * repayments * rate of interest Hope this helps B40

If this is all they have sent then I would be surprised if they went to court, as it contains none of the prescribed terms - %APR, % interest for purchases, cash withdrawls etc. Can you read what they have supplied as its not very clear. You might be best deleting the bar codes in particular the one at the bottom left.

FTM My understanding with regard to the card carriers is they claim that this is a copy of the executed agreement, thereby satisfying CCA 1974 Sec 63 Duty to supply copy of executed agreement; sub sec (4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.