subscribing

Yes I took that bit (saying "all the money I owe you") out of the template letter as it occurred to me that that wasn't very sensible! I will post the letter up here for the benefit of others if successful, however at the moment the wording is obviously too personally attributable!

can you be more specific (by pm if necessary!) about "being careful what I say to them" ?! Please also note that they have not responded to the CPR (yet). Do they normally bother?

Keep an eye on my thread too as I'm just in front of you with these p*gs! It might be worth checking whether you can do anything about the charges they have already put on your house - perhaps not, but if they did something illegal b4 it's always worth asking.

THank you! I will check later and get back to you! Please note that they are also not going to be able to achieve anything by taking me to court as we have now sold our house (completion after Easter) have no income (except disability benefits) and have sold our possessions. Presumably they could still make me bankrupt but they still wouldn't get everything back as the £ simply isn't there. I am also writing this week to HFC to offer a (partial) full & final settlement sum from the proceeds of the house sale, using the template on CAG.

Can Somebody Please Reply To My Posting Of 16th March!!!!!!

Bump Bump Bump!

Right! thanks for that! Does that mean the 12+30 day rule comes into play again? How long have they got to produce the proper agreement? I will need to do my defence this week if you could have a look at the gibberish I wrote above as my 1st attempt please? Thanks.

Dear Paul Yes I have now acknowledged service and am most certainly defending it (all)! Our house exchange was/is supposed to be happening today so everything's hanging on that at present (incl my nerves because of this court stuff...) I shall be looking again at my defence shortly. BTW I sent my request (referred to above) for CCA etc by both email which they would have received instantly of course (I've used this to write to them b4 so I know it's valid) and by rec delivery. "as for your defence, the documents they supplied werent in reply to the CCA request may comply with the Copy docs regs but in this case the CPR request asks for the copy of the Signed agreement so we really need to see if they can come up with it on request. at the end of the day they need to have this to be able to succeed in court so lets give them a little time to comp[ly with the request." WHat I didn;t understand above, was where I htink you left a word out, but I think the gist was that you were saying that my initial request wasn't the official one?!?! If this is what you mean, why wasn't it the official/relevant one?!?! THis is what I didn't get...!

Thanks Paul. I've also spoken to someone at National Debt line today too who explained abt returning acknowledgement of service. Yes I certainly have read quite a few relevant threads on here! That's what's given me some hope! Nat D L also said to ask local court abt what to do re my address. ...and thanks for offer of continuing support - i've readon here how much you've been able to help others!

.. and what's LBA please?

as for your defence, the documents they supplied werent in reply to the CCA request may comply with the Copy docs regs but in this case the CPR request asks for the copy of the Signed agreement so we really need to see if they can come up with it on request. at the end of the day they need to have this to be able to succeed in court so lets give them a little time to comp[ly with the request. Sorry but I'm a bi confused by the above paragraph - it doesn't make sense to me! I sent them the letter you recommended (if that was the "CPR"?) however, I checked on Royal Mail site and there aren't any details of delivery yet (odd...) No I haven't acknowledged service yet as I'm still very confused as to what to put about whole/part debt and the ramifications thereof... I'm hoping to get some advice next week about it. It's also a bit difficult to acknowledge service and give an address when next week I may not have one. Surely I only have to acknowledge service within 14 days?

Was the debt paid in cash? If it was paid by card you could perhaps go back to the bank/CC Co to get the relevant statement (even if the acct is now closed). If by cash did you withdraw money to pay it - this might help if you could show the date and amount taken out and where etc...

bump

I am SO sorry to hear of your girlfriend's terrible ordeal and I am ashamed that people in this country have treated her this way. I know how hard it is to live in a strange country and that it would be bad enough to face this in one's own home, but abroad where things are unfamiliar, it is so much worse. i do hope you both manage to get through this - and with a positive outcome (ie no criminal record). I hope you get a good solicitor and those b'stards get the sack for cooking this up; they obviously haven't got anything better to do and need some proper work. Thinking of you.

PS forgot to add the following which I'm sure wont worded corredtly! The application form (sent as above by the claimant months after the statutory 32 days) which purports to be the necessary legal agreement is not only unsigned but does not contain the necessary terms (according to ====) to be a legal, enforceable Credit agreement.

Here's my attempt at the defence! 1)The Defendant objects that the Claimant's statement of case does not comply with the Civil Procedure Rules Part 16 in that a copy of the purported written agreement between itself and the Defendant, which it cites in paragraph 2) and 3) of the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. The Defendant is therefore unable to plead specifically to the allegations contained within the Particulars of claim at this time. 2)The Defendant has repeatedly requested a copy of the written agreement cited by the Claimant in its Particulars of claim (the first request being October 2007), The Claimant failed to comply within the 12+2+30 day rule. In fact the claimant replied on November 2007 stating “we are unable to locate your legal agreement at present, but will forward it to you in due course”. Since January 2008 the Claimant has twice sent unsigned application forms which could relate to absolutely anybody. 3)Further to paragraph 2) above, a demand has been submitted by the Defendant under section 77(1) of the Consumer Credit Act 1974, requiring the Claimant to provide true copies of the alleged original agreement (the first request being October 2007), as well as true copies of all documents referred to therein. The Defendant avers that whilst a creditor fails to comply with such demand any agreement would be unenforceable in its entirety by virtue of section 77(4) of the Consumer Credit Act 1974. 4)The Defendant objects that this action has been brought prior to the Claimant providing essential information and documentation, as outlined in paragraph's 2) and 3) above, despite repeated requests that it do so. The Defendant avers that the Claimant has acted without adherence to or regard for the Pre Action Protocols of the Civil Procedure Rules. 5) In addition the Defendant has always maintained contact and payments as agreed with/to the Claimant and has not missed these. The defendant has offered an increased payment of £5 which has apparently been refused as has the offer of a full and final settlement once the defendant’s house is sold. Whereas the claimant has not done everything possible to avoid court action, the defendant has done so. Due to this sale the defendant will be homeless as of ------ 2008. Because of this and the fact that the defendant is entirely reliant on state health benefits for his/her income and the fact that the defendant no longer has any possessions which could be seized by bailiffs of the court, it is unclear what the claimant wishes to achieve by bringing this court action. Accordingly, the Defendant requests the withdrawal fo these proceedings 5. The Defendant reserves the right to then plead further to the Allegations contained within the Particulars of claim. ========================= =========================

Dear LJL I admire your tenacity! I was ill already and the state we're in has made matters worse. I really want to KNOW that i can't be pursued for the next 6 years and this is my dilemma. THere just doesn't seem to be an obvious answer; everything is suck it and see which for me is far too precarious, given my health and general situation. Thanks anyway for sharing your experience; it does help to know what others have done.

I'll try and do that later today then. Thank you!

Could I write up a defence and send it to you (either by PM) or if you'd prefer, openly, but with all details removed? Would you have a look at that for me please?

Thanks Paul. I've done the letter but I'm not sure what I should be putting on the court claim form; I have to write the whole defence don't I? And isn't my 1st action to get the thing to my local Cty Ct? It's also extremely difficult to fill in the financial statement because my outgoings are one thing now and will be entirely different when I'm homeless which is likely to be in a couple of weeks time... Can I change all the financial stuff as soon as my circumstances change? And what about the address. Once I have no address and just use the poste restante address will the court accept this? Surely if I disagree with their charges AND I want to reclaim account charges I would be saying I wasn't agreeing to the whole amount? Won't there be implications if I say yes to the whole lot? Thanks again.

I'm afraid I cannot remember. I may have signed the application form on the day as it was a applic in person (not electronic) but perhaps it was one that you don't sign until you have been sent the forms to sign in the post, afterwards. I just don't know at this point. As all the other info appears to be on that applic form would they really have bothered to cook up another one (it's the correct address for the date as I've since moved). Surely it's not in their interests either really to go to court - not if they can persuade me that they have a watertight case at this early stage???

No boxes are signed by me on any form.

Done that! Here's the link: toinyweeny - Photobucket - Video and Image Hosting Thanks!

DCRI & 1st Credit (may they rot etc!) have apparently (touch wood...) given up on me as they have been unable to produce a Cred Agrmnt; I haven't heard from them for months. Thing is, we are selling our house in order to pay off our debts and obviously I want to sort things and cross the i's and dot the t's ;-) The idea is to make F&F offers once the house money is there but if I contact them again and offer even a nominal amount might they try it on again? I don't really want to leave it unresolved but has anyone any experience of this?