The more I think about it, the angrier I get. What is this judge saying - that a company does not have to provide a credit agreement?

another thing that really naffed me off was that on 2 separate occasions I had to remind the judge that I was "just a normal member of the public" as he was talking to me like I was some sort of seasoned solicitor!

What is clear is that the judge thought that I was trying to pull a fast one and acted towards me with utter contempt.

How do I appeal? What does it cost and would I see a different judge?

Well, I just got back from court - What a load of s**te!!

I asked for the hearing to be adjourned, but the judges words were - "well were here now so lets get on with it"

The claimant admitted that the only copy of any credit agreement they had was rather blurred, showed it to the judge who confirmed that it was uninteligable!

But because I had been making payments until the end of 2007 he ruled in the claimants favour!

I can't believe it, I'm gutted! So what is the point of the consumer credit act and civil procedure rules if a judge can totally ignore them?

Damn - i'm so mad! :mad:

I also commented on the large amount of charges on the statements but the judge still ruled for the full amount plus costs.

Is there any way I can appeal this, because it seems rather unfair. It was quite apparent that the judge had it in for me (no idea why, i'm a nice bloke!)

Thank you very much for your help, I will ask for an adjournment and post back on this thread.

DonkeyB - There has been an allocation hearing and this is small claims.

CitizenB - I received all the paperwork on Saturday morning which was posted by them on the 19th. The hearing is tomorrow 23rd.

This is all I have heard from them in a year, except the letters court letters.

Not much point in posting the cca because it is very small and totally unreadable - can't even make out any name or address etc.

Lots of charges on the statements though and no copy of any default notice.

Thanks for your help guys, it is much appreciated.

They have included copies of the T & C in the bundle these are from when the card changed from accucard to LLoyds.

This is the first time in court and I believe that it is the actual hearing.

I have just been looking at the paperwork from the court and it clearly states - "Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing" - Bingo

In Nov 2007 I sent a cca request to Accucard/Lloyds tsb. They cashed the cheque and ignored my request.

I have not had any correspondence what-so-ever until I recently received court papers.

In my defence I stated that I had not received a credit agreement or default notice for this alleged debt.

Then to my surprise, yesterday morning my postman presented me with a large A4 envelope full of card statements, witness statement and a tiny, illegiable copy of a credit agreement but no copy of any default notice.

I am furious that all this has arrived just 2 days before I am due in court and worried sick now as to how I defend this.

I have never received a notice of assignment

I sent one to MBNA about 1 year ago, which the responded to eventually (3 months later) - it seems in order

Hi all,

I have an old outstanding credit card balance for over £15k (inc lots of charges) with MBNA, after failing to agree to reduced payments they sold the debt on to Debt Clear Recoveries & Investigations Ltd.

Its at this time that I contacted the very helpful CCCS and drew up an income & expenditure schedule with a pro rata offer of £1.00 per month until I am back in full time employment. I sent this offer several times but they never acknowledged it, just kept on sending offers to reduce the debt by 60%!!!

Anyway.... This has now been passed on to Restons solicitors and I know what a bunch of ****** they are, so I am confused as is the best way to deal with this, They also are offering a specially discounted figure or the option to pay monthly (I know that they wont accept £1.00 per month though)

I just need to prevent this going to court for 4 months as I am due some money and I might be able to settle up.

Any help would be appreciated, how can I buy some time?

Thank you for your help,

What exactly is this form for though? How can I use it as a reduction of an instalment order when the court has not set instalments yet.

My main concern is to stop the charge going on my property

it says nothing about payment

Just

Upon hearing counsel for the claimant and the defendant not attending

IT IS ORDERED THAT:

Judgement under part 24 for £**** plus £** Claim plus £*** and £** fixed costs. (total of £***)

Thanks for that

I did not attend court, so all I have received is a letter confirming the judgement

Hi,

I have had a CCJ against me for around £2k recently. This morning I received a letter from the land registry informing me that the claimant had applied for a charging order on my home. I would like to prevent this happening "by all means necessary" however I do not have the full amount to pay off the debt. I would appreciate any advice as to how I go about this?

Thanks in advance

I'm pretty sure that they don't have a cca, as this is my oldest account which was originally another card (accucard) that changed to Lloyds.

Although I do agree that they could just be incompetent and not got round to sending it me yet.

Still no CCA from Fredrickson, not even a response to my request.

Now on to another solicitor (yawn) - Bryan Carter & Co

I have got seven days to pay or else!

Despite writing back to all these so called solicitors and informing them that " I welcome litigation" They never seem to go ahead with their threats. I wonder why?

Thanks Curlyben

Thanks tifo

I will be brief -

Old co-op account = overdrawn (made up purely of charges)

I sent a complaint (claim back unlawful charges)

Received letter, back end of Jan acknowledging my complaint and stating that the file will remain open for 8 weeks.

Today I have received a demand from a DCA (Fredrickson International)

Are the co-op allowed to hand this over to a DCA whilst my complaint is being investigated and if not - to whom do I complain?

Cheers

US

Pin1onu, Thanks for that

Thanks Rob

I need to file my defence. bearing in mind that Restons STILL have not responded to my request for information what is the best way to proceed (I also dispute the alleged amount owed)

Can I get the case switched from Northampton to a local court as I wish to attend and defend myself.

Thanks

From the OFT website -

Debt collection guidance -

2.2 Examples of unfair practices are as follows -

c. Those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Soo43,

I am going to look into this because I have recieved another text today, whilst the account is subject to a complaint and being investigated.

Thanks 42man

I will send an amended copy of today.