Here is the defence that I believe I could/will use - do you guys think this is sufficient at this stage?? Defence 1. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. 4. The defendant requires sight of the deed of assignment of the alleged debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears these are assigned debts. The reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - 1956 2 All ER 169 5. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to answer 6. Further to the case, on 24/12/2009 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreements referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. 7. Since the Claimant has failed to disclose the requested information it is submitted that I do not hold sufficient information to compile a full defence to the claimant’s allegations at this stage. 8. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested. The claimant is ignoring the overriding objective. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me. 9. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Rules I have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). 10. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 8 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced 11. Notwithstanding points 8 and 9, both debtor and creditor must sign any such agreements in the prescribed manner. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974 12. The claimant is therefore put to strict proof that such a compliant document exists 13. It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I note that without service of a default notice under s87 (1) Consumer Credit Act 1974 the claimant would not have a right to demand repayment of any sums under an agreement or to terminate an agreement 14. Notwithstanding point 12, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) 15. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119) 16. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974[/font] 17. Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974 18. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 19. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 5. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

Hi there – Thanks so much guys for the helpful and supportive response - I’ve been reading the threads suggested like mad, sieving for information – found some really helpful info. Scotty you’re a star - £6800 – that a real win, I’m inspired! Yes please do PM me with your letter with points raised, this will help me with my direction. In response to Angry cats question: I was never sent a default notice or any other notices or terminations by either Barclaycard or Link Financial. These documents were requested by myself under subject access requests to both parties – in fact each and every time I wrote to Link under the CCA and various other reminder letters, court action letters etc (at least 15+). In response to vjohn82 questions: 1) Last made payment on: 19th December 2003! (However Link & Barclaycard can only provide me with statements from Jan 2003 – sept 2004. The account was opened in 2002 and the first statement shows a balance bought forward #367!! I’ve also noticed that the account number is not the same on all the statements – what can this mean)? 2) POC states: The Claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated 07/05/2002 and assigned to the claimant. The agreements and/or associated agreements are regulated by the Consumer Credit Act 1974. The Defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the Claimant and/or Assinor. And the claimant claims: 1) #840.13 2) Interest pursuant to section 69 County Court Act (1984) at a rate of 8.00% per annum from 16/12/04 to 18/12/09 of #336.60 and thereafter at a daily rate of #0.180 to date of judgment or sooner payment. 3) What is NoA??? Any help that you can give me would again be really appreciated vjohn82 – I need to be fully prepared for everything they throw at me! I did bring the fact that I had never received any default notices from Link or the original creditor to the judges attention at the previous court hearing. Their defence was so pathetic that the judge became angry and they lost their creditability for awhile – They had bought along a screen print out of their database simply showing my name and the date the letter was supposedly sent, to make matters worse they also bought along a witness who’s only purpose was to verify that the document had been printed by herself that morning. It was really quite funny. I definitely feel that I lost the overall case because I was unprepared & did not have a methodical a legislative based argument. – This time I have to prove them wrong – I was soooooo disappointed – but I guess I now have another chance to win what has to be the final battle in this saga. Having read Legal Action: how to start off. IMPORTANT IF YOURE BEING SUED - there are some really excellent tips and points for thought in this thread and I will use this as some guidance. My defence is due in on Monday so any help would be very much appreciated – I have found a defence on site that is similar to my situation and I will work on this tonight and post up later or first thing tomorrow. As Link Have failed to reply to my CPR request, do you think I should send another CPR letter as a second reminder – or see if the judge orders them to provide the info as will requested in my defence?? Another problem is I did not send it recorded delivery – very stupid I know! Should I send again?? I’d also like to ask is it possible for DCA’s to get a CCJ at this late stage – taking into consideration I’ve had a default on my account for 5+ years and which is due for removal in Sept 2010?? This would mean I would have another 6 years with this on my credit report – is this right???

UNENFORCECABLE CREDIT AGREEMENT - COURT ACTION Hi there - I really need your help urgently to end an ongoing dispute between myself and Link Financial which began in 2008 when I requested a copy of the credit agreement for a student Barclaycard, opened 2002, sold to Link by Barclay card in 2004. I've recently been issued with a claim at Northampton County court from Link Financial - the twist is I took them to court a few months ago and lost (unprepared skeleton argument, never been to court, unorganized in conveying points). Its quite a long story so I'll be as brief as I can: 1) Opened student Barclaycard Account in 2002 (credit limit £300). Default registered by original creditor September 2004 for £748 (was never informed by Barclaycard that a default was registered – even under a SAR and numerous letters they have not provided me with the original default notice). 2) Debt sold to Link Financial 16th December 2004 - another identical default registered by Link upon purchase. BOTH DEFAULTS remained on my credit report for 4 years unnoticed until I requested a copy o my credit report after visiting the CAG. 3) Requested Credit agreement, terms and conditions, statements, default notice, deed of assignment and notification letter of the sale of the debt from BOTH the original creditor (BarclayCard) & Link Financial (DCA). Also sent SAR's & S.10 notices to both parties – as well has vigorously pursuing Credit Reference agencies on a weekly basis. (Equifax, Experian & call Credit) to suppress the defaults on my credit report until this info had been provided. Call Credit & Equifax agreed to suppress the data, Lee Hancock from Experian continued to communicate pompous waffle for months without suppressing the info! 4) Original creditor removed their default entries immediately. DCA refused remove their entries & sent me a copy of their definition of a credit agreement (PLEASE SEE ATTACHED) 5) I begin a claim against Link Financial seeking an enforcement order under section S.10, S14.1 and S14.3 of the Data Protection Act 1998 – for the removal of all incorrect data and cease processing under S.10. 6) Lost case in court as I was VERY nervous, I had NEVER been in a court before and as a result I was ill prepared when making points and backing it up with actual legislation - Although I did make some extremely valid points & I believe the judge did try to help by offering adjournment to gather my critical points and allow Link Financial to actual provide a letter of default and a credit agreement, and all statement of accounts with attached terms and conditions at the time the account was opened. Link Financial could not provide the terms and conditions attached the application form at the time of opening, nor could they provide notice of default letter! The judge was extremely hard on them for this fact and they could not defend this point. 7) DECLINED the adjournment & loss - my case was dismissed. 8) 4 weeks later I received a copy of the so called terms and conditions from Link Financial - basically unattached and could relate to any credit agreement. 9) 3 months later I receive a court claim on the 23rd December from Link Financial for the outstanding amount plus interest and court fees! This is the story in summary - my problem is can I win this time??? - What is my defence to their claim (especially considering I lost with my own claim). This debt is nearly at its end, its been on my credit report for 5+ years and is due for deletion sept this year!!! MY QUESTIONS ARE: 1) what defence can I use on my defence form - How can I word it?? I've been looking at the thread Consumer Credit Agreements - a guide to enforceability and I'm sure the credit agreement is unenforceable HOWEVER could the courts still enforce it??? I’m thinking of using Section 127(3) of the Consumer credit Act. This section says that an agreement that is not properly executed can only be enforced if it consists of a single document: a) signed by the debtor, and b) has the prescribed terms 2) Is there any other legislation or angles I can use to defend myself with?? 3) What if any CPR requests can I send out before the trial? – Could I ask for the TRUE copy of the credit agreement and letter of default?? 4) Is there any way I can stall proceedings so the debt will actually be too old when it comes to court?? Or use the length of time already registered as a default as my defence?? I'm feeling ok about the whole thing and believe I will be more organized and assertive in court this time - BUT what if they get judgment I could now have a CCJ for another 6 years after already having a default it on my report for 5 1/2 years!!! There have also been threats of a charging order from these people as I am a homeowner. What can I do?? I need some guidance PLEASE HELP! Any advice, legislation, Defence wording ANYTHING would be very very much appreciated.

HI there guys - I to have been battling wIth ExperIan to remove a default - the DCA have not provIded me wIth CredIt agreement or any other documents despIte sendIng them a CCA request over a month ago! Call CredIt have removed the entry untIl they are provIded wIth the correct paper work, EquIfax are InvestIgatIng. ExperIan seem to be the only one's sendIng back loads or rubbIsh and refusIng to remove the entry all the way - thIs Is the emaIl I receIved from them thIs mornIng after afew days of raIsIng the dIspute: The Data ProtectIon Act 1998 stIpulates that we have an oblIgatIon to ensure that we take 'reasonable steps' to maIntaIn InformatIon on our database that Is accurate and up to date. All of our clIents sIgn up to strIct terms and condItIons wIthIn theIr contract that requIre them to make sure that all the data they submIt Is accurate prIor to provIdIng It to us. Our regulator, the InformatIon CommIssIoner, consIders that thIs Is havIng taken 'reasonable steps'. We also have over 200 generIc checks In place to check the overall consIstency of the data that we receIve and a specIalIst department dedIcated to runnIng these necessary checks prIor to loadIng the data to our records. ThIs Is because It Is not possIble for us to IndIvIdually check each Item of the data. ThIs would Involve goIng back to the company and askIng them to check InformatIon that, as far as we are concerned, they have already confIrmed to be accurate by sendIng that data to us. Under SectIon 159 of the Consumer CredIt Act 1974, you have the rIght to query InformatIon on your credIt report that you belIeve to be Inaccurate, once you have receIved a copy of your report. I have been contacted by LInk FInancIal (Bcrd). They have confIrmed that the detaIls we hold are accurate and have requested that we retaIn the InformatIon on our database. Unfortunately I am unable to amend thIs InformatIon wIthout the authorIsatIon of the company In questIon. The 'NotIce of DIspute' wIll remaIn on your report for 28 days. It wIll then be removed, unless I receIve further notIfIcatIon from you: "THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA." If you have any further querIes or wIsh to dIscuss thIs further, may I suggest you contact the company concerned dIrect at the followIng address: LInk FInancIal, Camelford House, 87-90, Albert Embankment, London, SE1 7TP In vIew of thIs, I am of the opInIon that we have acted correctly throughout thIs matter and In accordance wIth the relevant legIslatIon. I remInd you that under the terms of the Data ProtectIon Act 1998, each lender that supplIes us wIth InformatIon Is oblIgated to ensure that the data Is accurate and kept up to date. I hope thIs explaIns why we cannot act unIlaterally to remove data from your report, especIally when the company concerned has confIrmed It to be accurate or has not authorIsed us to make any amendments, as In your case Furthermore, as we also have a responsIbIlIty to enable lenders to make Informed lendIng decIsIons, I am sure that you can apprecIate why we cannot amend InformatIon sImply because the IndIvIdual concerned claIms that the data Is Incorrect. If we operated In thIs way, any IndIvIdual could claIm that all the adverse InformatIon on theIr report was Inaccurate purely as a means of ImprovIng theIr credIt report. ThIs would put our clIents at rIsk by enablIng people to potentIally obtaIn fInance that otherwIse would not be offered to them. Because of thIs, If a consumer dIsputes InformatIon on theIr report we query thIs wIth the data provIder. The only Instances where we would remove InformatIon wIthout dIrect authorIsatIon from the data provIder Is If a Court Order Is provIded that specIfIcally states that an entry should be deleted or a rulIng Is made from a recognIsed regulatory body. We are not oblIged to furnIsh you wIth paperwork from the company concerned confIrmIng any of the InformatIon recorded on your report, nor are they oblIged to provIde thIs to us even If we were to request thIs. If you are unhappy wIth the outcome of the querIes that we raIsed on your behalf, then I suggest that you take up thIs matter wIth the InformatIon CommIssIoner's OffIce. I hope that thIs helps to explaIn the processes we have In place for dealIng wIth dIsputes between consumers and lenders and that the actIon we have taken was done so In accordance wIth the relevant legIslatIon. KInd regards Mr SImon Malbon Consultant Consumer ServIce OffIcer CredItExpert ExperIan LImIted, a company regIstered In England and Wales wIth regIstered number 653331 and whose regIstered offIce Is at Talbot House, Talbot Street, NottIngham, NG80 1TH I do not belIeve that they could have InvestIgated thIs as I know that I never sIghed any agreement wIth the OC nor had any notIces from LInk - The OC actually removed theIr default almost ImmedIately when asked to do so!! So my questIon Is where do I go from here - Do I have to make a complaInt to the ICO or can I take them straIght to court under the data protectIon act?? Does anyone know where I can fInd a letter to the CRA threatenIng ImmedIate court actIon?? I've never been to court before, but as wIth FInlander I am takIng thIs all the way! Whats my fIrst steps In takIng them to court, what do I need to do to start the court process? I wIll also SAR them to see exactly what InformatIon theIr decIsIon has been based on - do I have to waIt 40 days or Is there a quIcker process consIderIng court actIon Is my next step, and I need the Info to help wIth my defense? Any Ideas as to what to do next would be very much apprecIated!

Thanks 42Man your a gem - I do believe there're lying in order to delay the matter - I've given them all the info I can find - provided by the CRA! They are now in default, and my main aim is to get these defaults removed ASAP, however I'm sure that they will not comply with this request! Do you think I can take them to court ASAP, especially if I believe they don't have credit agreements?? How long should I wait before taking them to court?? Also are there any letters that you know of that I could send to them at this stage, urging them to remove the default quickly, as well as threatening court action!! I'm really getting fed up of going around in circles - I'm also in the same position with DCA Link Financial Ltd - they are also in default of my CCA request - they keep sending me silly letters, but no mention of default removal!! It seems so unfair that these companies could potentially lead you on for months when they are fully aware they have no Credit agreement, thus no legal grounds to enforce the debt - they should amicably remove all defaults!! Surely there must be an automatic way of removing defaults if they cannot provide a CA?? In my inpatients - I have this morning contacted the very nice lady I Spoke to previously about these accounts at their admin support department. She had previously told me there was no credit agreement. I told her that I'd spoke to someone at head office regarding the so called "untraceable accounts" and they'd told me to call her back for further investigation (this was a little white lie, just a little one!). I also told her that they had said if she knew where to find the accounts, and could not find a CA she should then write me a letter immediately informing me of this! I know we should not enter into any verbal correspondence with these companies but I chose my words EXTREMELY carefully - and I just don't want to sit for months in credit limbo when I know I never had any agreement with these people in the first instance. As of writing this reply she is still investigating it and will get back to me in a few hours - I will let you know the outcome later today! Let me know what you think of my questions above - Thanks again!

Hi there, Can anyone help - Link Financial Limited have registered a default against me in 2004 - only just realised when I checked my credit file. They had purchased the debt from Barclaycard who also registered a default for the same debt. I recently raised this with the CRA and subsiquently Barclaycard removed the default within 3 days! I recently sent a CCA request to Link Financial (22/08/0:cool: - they wrote back afew days later stating that they had purchased the debt from Barclaycard and that they'd have to request a copy of the credit agreement from Barclaycard. HOWEVER in their letter they have stated that they purchased the debt on 16th dec 2004 - I checked both my Equifax & Experian credit reports and both state that the default was registered on 30th sep 2004!! Soooo my question is - Can they legally put a default on my credit file for a debt they registered as defaulted before they owned the debt?? Remember Barclaycard withdrew their default for the same debt in a matter of days, also I have written proof from the DCA themselves stating when the debt was Purchased (3 months AFTER they registered the default)!! If they purchased the debt - do they also purchase the default?? I did not have an agreement with them but a default has been registered under their company name! Barclaycard - the original creditor removed their default and have not responded to a CCA request. So can the DCA register the default 3 months after purchase, with the original default dates - not dates relating to when they owned the debt?? ANY help would be sincerely appreciated - Thanks

Hi there:) Can anyone tell me how to get a default removed pronto - after a CCA requests has been made and they have failed to comply - rather than sending endless letters to the DCA asking then to do so?? CRA's are unable to remove the defaults from your credit report until asked to do so by the DCA. I have not paid any money towards the debt, and only found out about the default when I accessed my credit file. The original creditor withdrew their default within days of being contacted by the CRA on my behalf - I knew I had a debt with them but was completely unaware the the debt had been sold to a DCA! I know there is no quick fix - but surely after 12+2 days - and after an additional 30 days when they committed an offence the default should be removed ASAP! If anyone has any advise please help - I desperately need to re mortgage, but have some very minor defaults on my credit file which will make this difficult - I want then removed as soon as poss and I believe that they will not produce a CA after 30 days!! How do I get the default removed quickly after this time period if the DCA fails to respond to my default removal requests??? Any help would be sincerely appreciated - Thanks

Hi there:) Can anyone tell me how to get a default removed pronto - after a CCA requests has been made and they have failed to comply - rather than sending endless letters to the DCA asking then to do so?? CRA's are unable to remove the defaults from your credit report until asked to do so by the DCA. I know there is no quick fix - but surely after 12+2 days - and after an additional 30 days when they committed an offence the default should be removed ASAP! If anyone has any advise please help - I desperately need to re mortgage, but have some very minor defaults on my credit file which will make this difficult - I want then removed as soon as poss and I believe that they will not produce a CA after 30 days!! How do I get the default removed quickly after this time period if the DCA fails to respond to my default removal requests??? Any help would be sincerely appreciated - Thanks

Hi there - I'm in need of some help I have CCA'd Link Financial LTD twice about 2 accounts - both 12+2 days have now expired. The problem is on both occasions they have written back stating "We are unable to trace any account with the details you have provided. We are unable to deal with your request until a correct reference number or client details are provided" I contacted the CRA's about this and they stated "Please be advised that the above account number is the only one made available to us, therefore we are unable to provide you with any further details" within my second CCA I specifically made sure I provided all the relevant info as shown on my credit reports - please see below: Provider:Shop Direct Financial Services Ltd Account Type:Mail Order Account Number: Account Status: Default Name : House Name or Number : Post Code : Credit File Ref No : Account Number : Current Balance: Start Date : End Date : They returned my CCA request letters - BUT NOT THE £1 postal orders! There is a twist - I was impatient in waiting for my 1st cca request to come back to me so I called there office and spoke to lady in the CCA Legal Debt - She asked if she could investigate and call me back later - She did - she stated that she found the account with some basic info, but could not find any credit agreement - she stated that if it was not there then there probably wasn't one. I took her name and the exact address to send CCA requests. However they wrote back stating they couldn't find the account no - the CCA letter was not address to her but to the same department. My question is - what do I do now??? They still have a legal obligation to provide the credit agreement don't they?? I have given as much info as I can - the dates, amounts, account numbers were obtained from my credit file and are exactly the same from all 3 CRA's. 1 of the accounts has a CCJ and the other has a default registered on my credit report. WHAT'S MY NEXT STEP?? - HOW CAN I GET THE DEFAULT REMOVED??

Thanks Questionin - Definately gonna study the threads that deal with CCJ's - your a star!

Thanks Guys - Only found out about the CCJ's when I accessed my Credit file - I was completely unaware as I obtained a mortgage quite easily a couple of years ago - I also rarely buy on credit, if at all!! As for my brother this is quite a tricky one - he's a good guy, just a little free with money - I am really mad, but I can't hold a grudge - he's extremely sorry for what he's done - this was a few years ago & he was only 15 at the time! If that's what happened to your friend maybe I can't take the chance and use this as my primary defense! Exactly how long do I have to return the N244??? I rang the court last week and they told me there was no time limit, as long as it was within a reasonable time & with good cause - although I believe I have read something somewhere stating there IS a time limit! Is there?? Do you think I should send the N244 back asap - or should I wait for 30 days to lapse - this way I have given the creditor more than enough time to respond, and by this time they will have committed an offence by law ? The CCJ surely will be removed then?? What happens if the creditor hasn't returned my CCA request by the time of the hearing, assuming it will be after 12 days after my CCA request and the account goes into default - Shouldn't this help toward the CCJ being set aside???

Thanks BabyBear your a star!:D 1) Do you know what kind of letter I should write??? Is there a template or legal points I should raise in my correspondence?? I obviously would like the default removed at once, as i want to remortgage soon and don;t want to be put on hold for months!! I'm pretty sure that they will not produce the CCA before 12 days and the account will automatically be in default. 2) Are they LEGALLY wrong for registering a default for a debt they did not own?? The original creditors have removed their default so i'm sure they can't claim they were acting on their behalf ! Any thoughts???

Hi everyone - Yes I got exactly the same letter too! I also noticed from my Royal mail recorded delivery that they didn't sign for the letter - although I suppose they have admitted receipt by replying to my request. HOWEVER I NOTICED SOMETHING WITHIN THE LETTER THAT COULD WORK TO MY ADVANTAGE! In their letter they have stated that they purchased the debt on 16th dec 2004 - I checked both my Equifax & Experian credit reports and both state that the default was registered on 30th sep 2004!! BACKGROUND: Link Financial Limited have registered a default against me in 2004 - only just realised when I checked my credit file. They had purchased the debt from Barclaycard who also registered a default for the same debt. I recently raised this with the CRA and subsiquently Barclaycard removed the default within 3 days! I recently sent a CCA request to Link Financial (22/07/08:cool: - they wrote back afew days later with the same standard letter you all got, stating that they had purchased the debt from barclaycard on the dates given above! Soooo my question is - Can they legally put a default on my credit file for a debt they registered as defaulted before they owned the debt?? Remember Barclaycard withdrew their default for the same debt in a matter of days, also I have written proof from the DCA themselves stating when the debt was Purchased (3 months AFTER they registered the default)!! Could I raise this point with the CRA's immediately?? Couldn't I have the default removed immediately automatically if this is the case - they cannot take further action until the CCA is produced Please help - i'm in the process of trying to clear my credit myself - i'm doing an OK job so far but I'd really appreciate some useful advise on this :grin:

Hi there, Can anyone help - Link Financial Limited have registered a default against me in 2004 - only just realised when I checked my credit file. They had purchased the debt from Barclaycard who also registered a default for the same debt. I recently raised this with the CRA and subsiquently Barclaycard removed the default within 3 days! I recently sent a CCA request to Link Financial (22/08/08) - they wrote back afew days later stating that they had purchased the debt from Barclaycard and that they'd have to request a copy of the credit agreement from Barclaycard. HOWEVER in their letter they have stated that they purchased the debt on 16th dec 2004 - I checked both my Equifax & Experian credit reports and both state that the default was registered on 30th sep 2004!! Soooo my question is - Can they legally put a default on my credit file for a debt they registered as defaulted before they owned the debt?? Remember Barclaycard withdrew their default for the same debt in a matter of days, also I have written proof from the DCA themselves stating when the debt was Purchased (3 months AFTER they registered the default)!! Could I raise this point with the CRA's immediately?? Please help - i'm in the process of trying to clear my credit myself - i'm doing an OK job so far but I'd really appreciate some useful advise on this :grin:

Hello there everyone - This is my first post & I'm not too familiar with participating in forum groups - however I have been reading all the great Information & help that is given on thIs site for quite some time!! I'm in the process of trying to get 2 CCJ's removed - both from the same company (Shop Direct Financial Services/ kays catalogue). I had no knowledge of these judgements or ever having a catalogue account - I have recently requested CCA's & SAR's for both alleged debts and I'm currently waiting for a reply! However I did contact the company by phone regarding 1 CCJ (I know I should just sit tight, but It was bugging me!) Spoke to a very nice lady who did some checks and verbally Indicated that they did not have a copy of the CA! Anyway - my questions are: 1) If a court date Is given after the 12+2 days have laps- and I still haven't had a reply to the CCA at the time of hearing, will thIs help towards getting the judgement set aside?? 2) Does anyone know where I can get N244 sample's or advise on how to complete for some help with the wording?? I also know that It was my brother who used my name to order some goods to the value of £200 - If I state on my N244 that someone used my name to obtain the account - what will happen to the person?? What happens at the court case?? I don't want to get my brother In trouble, but at the same time I need to clear these CCJ's to strengthen my chances of obtaining credit. Thanks Very much If anyone can help - the whole process of clearing up your credit can be tiering - it nice to know your not alone!!