OK, here's the default notice, as it stands, refering to the account. How does it look?

If I've left too much info on the please feel free to remove.

I have just checked my correspondence file and there are references to 'administration charges' from the original creditor too.

What to do now? Bog you can't have a voluntary charge and SAR them?

OK, here the credit agreement they sent but they only sent a copy of the front page. There are no T&C's.

Not sure that I've had a default notice either.

If anyone has some form of a letter template, or link to one, reference refusing a voluntary charge then I'd reall appreciate it.

Ta

Well, went to see an insovency solicitor who explained that BK would be the best option for me.

The property is in roughly minus 10 grand negative equity and falling fast. I have no other assets to speak of. Car is on finance and owe more than it's worth.

Had a letter from Weightmans today virtually bullying me into accepting a voluntary charge on my property. Along the lines of 'accept it because we'll get on anyway'. Have already CCA'd them and unfortunately they have provided a seemingly valid agreement so I was getting round to offering pro-rata payment in any case.

They also threaten all sorts and from the tone of the letter it seems as though they think the Red Sea will part for them in any proceedings they choose to undertake.

Will upload the letters here. Any thoughts on a response anyone?

Also attached is a financial questonnaire. To me, it appears to be massively intrusive and I don't think they're entitled to most of the information.

With regards to both of the above, is it a case of them 'trying it on?'

Yes, signed a statement of truth at the end, although one I typed out (as per posts on here and blue form format) and then hand signed.

Haven't sent anything to claimant yet. What to do now?

Sorry for the ignorance here, first time through the process.

Right defence went in and will have been delivered today - the deadline will be tomorrow. Went special delivery. Got the receipt.

OK, what to do now?

Do I:

a) Send a full CPR request for info?

or)

b) Invite them to simply amend their POC and plead correctly in accordance with CPR pt 16?

Still no CCA, still no default notice.

PS: the defence was pretty much as PT's directions. Not too much put down but then the poc were a joke i.e. "you owe us xxx"

From your experience then 42man, would mine be similar if it's created around the same time?

I have CCA'd 8 creditors so far and only had 2 bona-fide agreements back. One from Marbles Loans that dates 2005 (so they should have sorted their act out by then) and one from Egg who are pretty good at the agreement side of things.

CrapQuest have SD'd me and I'm at court for the hearing next year - still no CCA from them!

Cabot have told me that MBNA can't find it so far - but they anticipate that they wil be able to - chances?

If you don't mind me asking, how old (ish) is the account?

I have one with them that I think pre-dates 2001 so it would be useful to know what the state of play with their agreements is around that time - if applicable.

OK, the application went in fine and now I have a hearing date - which is a good start I suppose.

Presumably the date of the hearing will have been sent to 1st crud as well - will they now have to decide if they attend or not?

Still no CCA so far either.

What do I do now?

Just checked my files. They haven't served a default notice either.

Should I put the whole defence in now or the abbreviated one as per PT's link?

Cheers.

Would it compromise my 'security' if I posted the APR and amount claimed then?

Also, haven't SAR yet. So, not sure about any penalty charges put on by either the creditor or Weightmans.

Worth a go? Not sure if that disputes the debt though.

Looking back this agreement is dated 2004 so by that time most creditors should have got their acts together.

Have quite a few other creditors though and they are all much older, some around 1997 - 1999. Wait and see then.

Received a reply from Weightmans enclosing a copy of the Credit Agreement.

It's a bit of a big scan.

It also makes reference to Terms and Conditions that it states is on the reverse. These have not been included.

Any ideas?

Can anyone tell me exactly where in the CCA 1974 the 12 day period for responding to a section 78 request is stipulated? I can only find reference to "the prescribed period"

Off to court today for the documents to go in.

He guys, can't thank you enough for that. Will get to work tomorrow.

At this stage, do I say from the outset that I'll be defending the entire claim?

Yes I am

Yes in the absence of any paperwork at all and vaugue particulars of claim, yes.

Hi all, this morning received a county court claim form from Incasso on behalf of Co-Op Bank.

It came via the Northampton Bulk Issue Centre.

The Particulars of Claim are vaugue to say the least. It just says: "....The Particulars of Claim is in respec of monies due pursuant to an account maintained with the claimant. And the claimaint claims: 1. XX,XXX

That's it. There's no reference to anything else.

I have CCA'd them and they will be in breach on Monday next week. They have not acknowleged service and I suspect that this form is a 'response' to be honest.

No deed of assignment ever issue although the firm Incasso say they are acting on behalf of the original creditor so not sure if they need one.

Some help with a defence would be appreciated.

This creditor is one of about 8. The sum is just in excess of £10,000.

Quick question. In my set aside narrative, should I state that the CCA hasn't been provided within the time scale anyway regardless of the deadline for them to have provided it having passed by or not?

What I am saying here is that in order to get it into the court as soon as possible I will be submnitting the defence sooer than the deadline for CCA production.

Or, should I submit the set-aside after the deadline for the CCA production - this will, however, be cutting it fine in terms of timescales.

Is there any merit, per-se, in submitting a set aside very early after alleged receipt of the SD?

Sorted,

Juts spoke to the Insolvency Clerk who stated that I need to go to my local court and they will swear and sort it.

Have about a week or so now to get the forms in.

Will post draft defence here and await your comments.

Thanks all

Nightmare,

Just phone the local county court and spoke to the part-time clerk who usually works in family law.

She asked which court is named on the SD.

There isn't one named, the only instruction is that I phone them to find out on the following number blah blah.

Do I have to phone them?

Right.

The clerk said that without a named court she could not accept the SD set aside!

I got the feeling she didn't know what she was on about to be honest.

Thanks mate, will have a look and post my defence here for you to have a look through.

Completing the forms, hoping to get them 'sworn tomorrow.

As part of the defence, is it worth quoting the breach of the Insolvency Regs?