Thanks chris. Would my defence that i posted earlier serve as a holding defence?

Thanks Chris for all your help. I have tried negotiating and HFC arn't intersested because they are going after a charging order. If I defend part of the claim would you be able to help with a defence. Sorry to ask you mate as you have done so much already. If you are too busy, no bother mate you have already done more than enough. This is the way I want to go as I have been making payments for nothing otherwise.

Where do I go from here? bearing in mind that they are claiming £13,536.58 on the claim form. I have made over £2000 in payments since the default notice in 2001.

Oh dear. My defence is based upon the default notice not giving 14 days. Is this game over?

Thanks Paul for such a quick reply. This isnt good news as my default notice is from 2001. Does this mean I cant defend the claim? I was having such a good day:rolleyes: There is a problem with the outstanding balance on the default notice though. It states Outstanding Balance £ 13,386.00 However on the agreement the Total Sum Payable reads £ 13326.00 http://i295.photobucket.com/albums/mm137/curtballs/scan0003.jpg http://i295.photobucket.com/albums/mm137/curtballs/scan0002.jpg

Can anybody help me. I have been going through my defence and had a look at the cca 1974 and it states that only a 7 day notice period is required not 14.

Same as "some boy" or "some man" or "I say, what a truly brilliant defence, the concinnity of your writing shines through.":D Ha,no thats a Yorkshireman trying to sound posh:D

Hi there chris. I have had a chance now to have a better read of the brilliant defence that you constructed. I have to admit most of it I dont even properly understand but I'm trying! My only reservation I have is the section on Data Protection that refers to credit reference agencies. I have done searches with checkmyfile and there is now no record of this debt on any of my files. The reason behind this is because its been over 6 years since they last entered anything on my record. In fact my credit report comes back squeaky clean which just adds to the frustration for me of why they wait until now to bring court action. As there is no record of the debt on file, I also cannot complete this section I can't get my experian report as they are updating, I'm certain there is nothing on there either though. I will try again tomorow. Do you think this may damage the defence in any way? Newcastle isnt that far from guisborough, proberbly just reached us though mate eh

I have briefly read your defence chris and I just cant wipe the smile from my face. What a fantastic piece of work mate. I have to dash but will be back real soon to study it and post more. I really can't thank you enough mate, you are some gadgie.

Thanks car2403 for taking the time to give such detailed answers to my post. I have given your points regarding the risks involved in defending some thought and the way I see it, if I lay down now then I am getting a ccj anyway so that doesnt give me much choice. Also with a %99 chance of winning, I would back that horse all day long. So I am certainly wanting to go ahead with defending the whole claim and filing for a counterclaim. I will get on later tonight and fill out the complaint form to the Information Commissioners Office as I am a bit tied up this afternoon. Thanks again mate

:) Thankyou Thankyou Thankyou. Can I just say I am overjoyed to have you onboard car2403, I have been really panicking. If you think I have grounds to defend the whole claim then that is good enough for me. I was panicking mate for a while now with the date aproaching. I know how busy you all are, so thanks again mate. The date on the default notice is the 2nd October 2001. It seens that the apr(£5225) has been added to the £8101 that I boroowed, back in 2001 when I defaulted. Can they do this as surely apr should only be charged anually? However, I have payed over £2000 off since the default notice was issued and was told by my dmc that interest would be frozen.....so it would seem that I have made monthly payments for 7 years without it having any affect on the balance. Would it even be worth mentioning that they sent me another persons account sumary instead of my own, showing name and account number and monies involved? Just to highlight their incompetence I think this is the way to go then mate if you think the agreement may be unenforcable. As far as writing the defence goes, you have proberbly judged by my previous attempts that I need help on it, I tried! Thanks again car2403, I was over the moon when I opened my thread and seen your post. It really does make all the difference in the world.

Here are the docs they sent out, notice only 9 days given on default notice, is this relevant? http://i295.photobucket.com/albums/mm137/curtballs/scan0004.jpg http://i295.photobucket.com/albums/mm137/curtballs/scan0003.jpg http://i295.photobucket.com/albums/mm137/curtballs/scan0002.jpg http://i295.photobucket.com/albums/mm137/curtballs/scan0001.jpg

Thanks Hopeful1 you have been a great help to me:) I have had a bash at a defence on the grounds that I havnt recieved a statement of account and therefore cannot calculate the outstanding balance. I doubt if this is a very good defence but its the best I can do.

I am going to change my aos to defend only part of the claim now that the correct documents have turned up. I reckon they are trying to claim over £2000 more than I actually owe. Is there any other option with the court to avoid a ccj. I am hoping to avoid one seen as though I have been making regular payments for 7 years. I really need some help with a defence as I now only have a few days to send it in.

Struggling uploading the scans. The image is too small to read when uploaded as bmp. Is there any other way?