Oh, already done.... I did put alledged fraudulent copy in the defence tho if that makers a differance ..

Hi all, Been a while since i have posted but need to share my story so far.. I got it all wrong last time but it didn't cost me much This ones a little more expensive.... DCA.. are in trouble i just need to finish an ammended defence off right to hopefully get them really slapped and me some compo..... to keep it short we have had a hearing and it was adjorned for us both to produce further documents. I have the original cca which is unsigned and totally differant at the bottom to theirs (but i misplaced it at the first hearing, but have just refound it thank god..). Theirs is a black and white copy with my alledged signiture on !!! no original and as mine is original i'm saying fraud is evident ... what also makes me laugh is they have been told to produce default and assignment notices, in there ammended witness statement all they have is a letter from OC saying yer it was defaulted and assigned... NO DOCUMENTS AT ALL. And to cap things off they are now claiming an equitable assignment and as we all know the OC need to be party to the proceedings for this to be legal... So to summarise they (the DCA from Ull ) are in court with a fraudulent CCA, no default notice, no notice or deed of assignment (and are claiming equitable assignment but sueing in their name)... LOL... Obviously i'm not asking for a strike out as i want the judge to decide how many things in this case (everything) lead to a vexatiuos claim and compensation been awarded with costs and any payments been made to sed DCA refunded with 8% interest... I have done the ammended defence up to the bit thats most important, but now just need advice on how to word and any case laws on the bit where i'm after making a vexatious claim and compo on all the above. Kindest regards diggy......

Hi. After a good learning curve my issues with Wescott are now at an end and all in all at the finish i will have only paid £50 more than the original amount that was due and it has cost Wescott a lot more in solicitors fees and other things, so a moral victory in a warped way... As a final amount i have to pay £400 by the end of March, which is not a problem in the slightest but i really need to know is what method will cost Wescott the most money to do. I was thinking of sending 40 cheques of £10 and if they have to pay for every cheque presented at the bank then that is what i shall do... Which way would any one recommend as the most costly ????????.......

Hi, I have been doing some homework around forums and sites and it appears that the Tomlin fails to meet certain things . 1) The wording "by consent" prior to the "it is ordered" part is missing. 2) Any claim for costs must be addressed in the order section and not the schedule as the schedule is a confidential contract and not within court jurisdiction. 3) The failure to place a "from" or "by" date on the schedule so leaving no time scale or deadline to be met, rendering it unenforceable. Maybe the judge on the day realized the claim for costs part and is why she has asked for wesclot to attend next time. Anybody have an opinion on these matters !!!! Thanks diggy...........

Hi, I recently messed up in court and signed a Tomlin order on an unenforceable debt as there is no CCA , no assignment or default notice The amount was for £300 and as i carried on paying £50 a week to the claimants after a CCC was ordered and the account was in dispute since January 08 therefore i paid £250 inbetween the CCC being given and the date of CCC so i thought i had paid £250 already and i made a £50 payment on the first instalement to make the £300 , but they did not see it this way and we went back into court today as they wanted to implement the Tomlin order , which is IT IS ORDERED THAT 1. Judgment , or any orderer direction , against the defendant shall not be requested without permission from the court 2. All further proceedings in this claim be stayed except for the purpose of carrying the terms of the schedule into effect. 3. Both parties will bear their own costs. 4. Liberty to apply SCHEDULE TO TOMLIN ORDER 1. the defendant to pay the claimant the sum of £300, to be paid as follows. 2. A sum of no less than £50 per month , to be credited by the last date of each month for the duration of 6 months. 3. Payments are to be maintained by the defendant until the sum referred to at paragraph 1 above , is paid in its entirety. 4. upon payment of the total sums reffered to at paragraph 1 above the defendant is discharged from any further liability in respect of the claimants claim in this action. 5. If the defendants defaults on any of the above mentioned payments , the whole of the outstanding sum will be payable immediately to the claimant and the claimant will be entitled to enter judgment and take enforcement procedures against the defendant for the outstanding sum under the claim and detailed in the claim form 6. If the defendant defaults on any of the above , the claimant is also at liberty to recover costs of litigation , to be assessed. 7. If any dispute arises out of this agreement the parties will attempt to settle it by mediation before continuing any litigation , if no legally binding settlement is reached within 28 days from a party's notification of intention to mediate , either party may litigate. I really need advice on this as I turned up today and Wescot did not and I asked for it to be struck out , she said no ,she the said i will not make any judgement today but adjourn and request wescot to attend a future hearing as they are requesting the full amount + costs of £660. I then asked if she would order the production of deed of assignment for that hearing , she said no as i consented to a Tomlin ,i said i did not understand it fully and anyway it is for an unenforceable debt , she said i will not make an order for that , put her head down and i walked out.. I need advice as to why she just did not make a judgement there and then or do i have a snippit of hope to get this back on my side .. KIndest regards Diggy

Hi , To cut a long story short about the history of this situation which can be read on my other threads , but i signed a tomlin order but have not paid it all (but can do ) It is the mule in me that will not let it go because i rolled over and died last time. I have recieved another direction hearing for January the 2nd and will attend as i need the claiment to produce the required documentation they did not before. What i found on wiki is this ; The written agreement is put before the judge who will record it and give it the approval of the court. It is a kind of court approved contract between the parties. If one of the parties doesn't carry out their side of the bargain - then, Hi ho, Hi ho - It's off to court we go! Notice that if a Tomlin Order is not adhered to, then there is no judgment in default, it is just that the case is no longer suspended and you can go back and carry on pursuing your claim. Basically i need advice as to if i can advize the judge at this hearing that he cannot give any form of judgement on this because of non cca and assignment and that the claiment cannot and should not be in court due to not been assigned absolute debt and no documents to back anything up.as they failed 1st time on my cpr , but i was weak and caved , i am now stronger . But the main advice i need is can i carry on after a tomlin or am i baluggered ????????? ...... ps i told them to kiss my ar** on the phone , can they use this in court lol lol .......Thank you......

Hi , It is now December and after paying £150 on the tomlin and a previous £150 on payments made prior to tomlin but after CCC , to which i presumed was the £300 . I have now recieved a direction hearing letter dated for 2nd January as they say i am in default of the tomlin order . I have phoned the court to confirm things . What i really need to know is as with all the above info can i still request wescot produce the documentation needed before ie; nottice of assignment , default notice and an enforceable CCA , or is it too late at this stage . If i can , do i do it before the 2nd January or at the direction hearing , Thanks for any assistance , regards Diggy.....

Hi guys i know i let myself down by not being strong enough on the day but as stated i will definitely know better for the next . The Tomlin is as :- IT IS ORDERED THAT 1. Judgment , or any orderer direction , against the defendant shall not be requested without permission from the court 2. All further proceedings in this claim be stayed (wescot did put set aside but the judge made them change it to stayed )except for the purpose of carrying the terms of the schedule into effect. 3. Both parties will bear their own costs. 4. Liberty to apply SCHEDULE TO TOMLIN ORDER 1. the defendant to pay the claimant the sum of £300, to be paid as follows. 2. A sum of no less than £50 per month , to be credited by the last date of each month for the duration of 6 months. 3. Payments are to be maintained by the defendant until the sum referred to at paragraph 1 above , is paid in its entirety. 4. upon payment of the total sums reffered to at paragraph 1 above the defendant is discharged from any further liability in respect of the claimants claim in this action. 5. If the defendants defaults on any of the above mentioned payments , the whole of the outstanding sum will be payable immediately to the claimant and the claimant will be entitled to enter judgment and take enforcement procedures against the defendant for the outstanding sum under the claim and detailed in the claim form (then the judge added "less payments made by the defendant since issue of claim " ). 6. If the defendant defaults on any of the above , the claimant is also at liberty to recover costs of litigation , to be assessed. 7. If any dispute arises out of this agreement the parties will attempt to settle it by mediation before continuing any litigation , if no legally binding settlement is reached within 28 days from a party's notification of intention to mediate , either party may litigate. Thank you Diggy........

This is what i thought and went in all guns blazing and came out dazed as to why the judge just took her side and advised i accept tomlin order . There was NO judgment . I left the building well peeed .. In my defense i presented an unenforceable CCA , No default notice ( out of interest i have no default recorded on experian should this of been on there if i had had one ). The property act was just in relation to the assignment compliance. I got the impression the judge and Wescot bod knew each other he didn't take any of my defense in to consideration and just made a point of saying i put not litigant instead of litigant in law and said what is the point of the first page of a 50 page document , NO mention of the CCA , a mumble of "there appears to have been a default notice" . I basically bottled it in there out of fear he was going to give me a ccj the way he was going on....and signed the tomlin. Everyday i get more wound up about 'the judge' i had it all in hand with a very strong defense (let alone it should not of actually been in court ) started well then he just said i advice you take the tomlin ????????. Can i report all this to the OFT or other body as it's starting to really bug me , especially as i spoke to a big wig at wescot and he refused to discuss anything ..... regards Diggy...

Hi and thanks for all the help , i have been peeeeed off since the court date on 13th June and stacked out with work so only just getting back with things . Went to court on said date armed with all my defense info , wescots bod turned up and said come into this room and she offered me a tomlin order , I said no way am i signing that , we'll see what the district judge has to say on this . Go into room wescots bod says blah blah blah , I say blah blah blah then bring up non executable CCA , no default notice , property act no assignment letter . He (the so called judge ) then goes on to say arh yes there seems to have been a default notice , hmmm the CCA , whats this property act , i start to say failure of cprequest she then says i have a tomlin order for £300 and drop all costs and fees , the judge then says ooooo! Mr .... if i was you i would take that offer as its the best you can do , I panic a bit start losing the plot of things and agree .Arghhhh.She (wescot bod) then had to go photocopy documents so i went with her and after this was done she said to the usher to take her back up to see him (judge) , what for ? lunch !!! hmmm When i get home i start thinking and boiling but then since the CCC and the account was put on hold i continued to pay £50 a month and made 5 payments so yesterday i called on skype and said i was recording , but once i gave my DM reference they transfered me to the man in charge i said i would like to pay my £50 to finalize the tomlin order as i had already made 5 previous payments since the account was put on hold . He then said he doesn't give me permission to record this call and was not going to talk until i stopped recording (yer right ) I said why what you got to hide , he said blah blah blah stop recording . I then hung up and phoned again this time chose the payment department informed her i was recording , and said i want to pay £50 she said ok and the transaction was done , i then said can you confirm 5 payments since 22/02/08 CCC she said yes and gave me the dates i said thank you and hung up. I am annoyed with the judge and myself but in the end they wanted £623.20 plus £130 fees and £740 costs ,So £300 was acceptable , But am i right in thinking as the debt was put on hold upon CCC i can use the amounts credited since then against the tomlin as there is no mention of these amounts in the signed documents ...... THE JUDGE HAD ALL THE NON COMPLIANT INFORMATION IN WRITING IN FRONT OF HIM , ALL HE DID WAS PULL MY PROPERTY ACT PRINTOUT TO BITS . BUT I STILL WANT BLOOD AND AM SENDING A CCA FOR THE OTHER ONE THIS WEEK KINDEST REGARDS DIGGY

Hi , well i'm in court tomorrow . Received a statement of costs yesterday from Nelson guest. , amounting to £651.00. Sent my witness statement in , basically quoting case law of CCA and its legality , property act and misrepresentation case law and basically asking for wescot to have strict proof of any of their allegations . In their statement they said no default notice is available because they deemed it unnecessary to keep the documentation on file , i pointed out in mine it is within 6 years and all records should be kept. So they have no real CCA , No default notice , No assignment notice thus far. This is my opening statement and obviously further exhibits of case law . Ref Claim number IN THE COUNTY COURT BETWEEN Wescot SPV Limited claimant AND defendant WITNESS STATEMENT I , , will say as follows:- 1 I am the defendant, and i am not litigant in person 2 I have had very limited access to any documentation relied on for defence 3 In support of my defence I enclose the following Exhibit 1 – case law relating to the requirements of a CCA and its legality Exhibit 2 – case law relating to default notice Exhibit 3 - Documentation relating to the strict proof to the claim of assignment Exhibit 4 – a copy of the CPR letter dated 12 February 2008-06-08 Defendant’s response to the issues raised by the claimant 4 the failure in its entirety to comply to the defendants CPR dated 12/02/2008 5 The statement of truth previously submitted neither admit nor deny the allegation 6 The defendants claim in his statement of truth that the claimants first contact was via a county court claim related to the first knowledge there was a problem as no notification or default letter was ever received prior to the County Court Claim. 7 The defendant requires the claimant to provide proof of postage of all documentation in relation to compliance with the CPR as nothing was ever received and restricted me in my defence. 8 The defendant requires the Claimant to show strict proof of any properly executed default notification as these records should be available as it falls within the 6 year limitation act and under CPR requirements , non compliance should render this claim invalid . 9 During mediation the mediator stressed that no information regarding the mediation will be submitted to the judge as this would be frowned upon. 10 The defendant believes the claimant has acted totally unreasonable from failure to provide a true signed copy of a properly executed CCA , the total failure to comply with a CPR and the question of legality of assignment as to whether the claimant should have ever taken any payments in regard to the alleged debt. 11 On the facts presented , I ask that the court make a fair and just decision . Statement of truth I believe the facts stated in this witness statement to be true ..................................................................... dated.............................

Hi , i have just noticed on the claim poc it says that under an agreement between mbna and westcot spv limited ( why is it now spv limited ? ) , mbna sold and assigned all rights title and interest , under this credit agreement to wescot spv limited ... But in there witness statement they say they sent an NOA on the 17/09/02 but in the bumph from mbna it states on numerous occasions that it was sold to wescot on the 19/05/04 , surely NOA and SOLD too , are the same thing ????? Thanks Diggy...

Hi I don't have a clue as Wescot have failed to comply with my CPR request in any way , the only things i received were from MBNA and that consisted of an application form and a load of computer jargon . ( i sent CPR requests to MBNA , WESCOT and NELSON and GUEST there solicitors ) . I informed the court of their failure to supply the information needed , but he is continuing with the hearing and i carn't beleive wescot are going to turn up on Friday with what they have . What they have in their witness statement is as follows ; Exhibit 1) . an application form for a CCA with no prescribed terms . Exhibit 2) . an archive print out highlighting my name and address , number of letters sent = 9 to defendent (prior to May 2006) , date and amount and methods of payments by defendant , total amount paid by defendant = £2300 (up to May 2006 ) , date registered with claiment = 19/09/02 , balance when assigned = £3923.20 . Exhibit 3) . List of credits and aknowledgments to account . Exhibit 4) . another archive print out with highlighted , date of claiment notice of assignment letter to defendant 17/09/02 and date of claiments notice of debt collection letter 02/10/02 . Exhibit 5) . the county court claim form . Exhibit 6) . a copy of my CPR letter to them ? . Exhibit 7) . a copy of a letter they sent to me in responce to my CPR , i refer to your letter dated 12 February 2008 regarding the above matter . I can confirm that Wescot will not take further action or request judgment until we have responded in further detail to your letter . In the meantime , your account will remain on hold . So all i know is that it was assigned to Wescot 17/09/02 , but sold to Wescot 19/05/2004 and i have an old letter with notice of assignment 10/01/2006 ... square pegs round holes comes to mind ... Thanks Diggy..

Hi , and big thanks so far and if you wish you can merge the 2 but i would probably prefare it to be located in here as it is in court on Friday.. The story goes , I have received wescots witness statement on Thursday ( i phoned the court to let them know i had received it late and i will prepare mine over the wkend and drop it in by hand on Monday , she said thats fine .) In this is goes on to use the application form with no prescribed terms as a CCA , then it points to a computer archive that a NOA was sent to me on 02/10/02 but on a workscreen copy from mbna it states that mbna sold the debt to wescot on 19/05/2004 , but i have a notice of assignment letter dated 10/01/06 . Also the debt was for £3723.20 at 02/10/02 but was sold for £3923.20 on the 19/05/04 £200 more , when i queried this nothing was determined but now on a sheet with a payment schedule a payment for £200 by cheque has appeared , I know i didn't pay them £200 (couldn't of afforded it at the time ) ... As stated previously i'm not after not paying this as its only £300 now but the manner in which weswho have gone about this has really peeeded me so i want blood now and all help will be most grateful thank you..

Hi sorry i have the Wescot and me , we'll see thread but it always gets quickly lost as its very busy all the time , as for the assignment i am not sure but it was shown as assigned on my credit file , just dropped off (6yr old ) The CCA is just an application form and there was no notice of assignment until 06 4 years after they say and 2 years after other forms say sold to wescot for £200 more than otherwise stated its all in that thread, I want to go for misrepresentation law on this .. So any help with assignment law would be very gratefully received . kind regards Diggy..........

Hi all , In court next week and all is running smoothly but i just need a bit of advice on assignment . I want to have them on the failure to assign the debt properly , but i need to know which route to go down , 1) i have the notice of assignment letter but it is dated wrong ie; they say assigned in 04 but my letter is for 06 and a different amount so legally incorrect or , 2) I deny having received a notice of assignment which has to be sent with proof of postage and the fact it has not been produced thus far by wescot in there POC or the CPR . Thanks Diggy.......

Hi all , just to update . 14 days up on the ' to file all evidence relied on ' so i phoned the court today and asked if they had received wescots information as i had not , she said no nothing at all , so i asked what i as the defendant should do now , she advised me to write to the judge to order wescot to supply the info , I said i shall await tomorrows post and if nothing turns up i shall write that letter to the judge . They better turn up at court i've bought a new shirt !!!!!! lol .....

Hi all i too am in court with these Muppet's on 13th June (me v wescot we'll see ) after they sent me a CCC then they failed to respond to my CPR request , but on the AQ they submitted an application form , So no CCA , no assignment documentation , failure to follow procedure , No default letter before CCC , no response to CPR request ..... Oh i do hope they turn up at court ........ Wescot are fools and need pulling down a peg or two . If they phone me i just say thats nice but your boring me now so bye , they usually say whatever as I'm putting the phone down .... Regards Diggy ..

Thank you thus far , i agree and understand . The assignment one is goading me , i have just found a letter from wescot that is headed notice of assignment and goes ; We write to give you formal written notice that the above client assigned to wescot the debt of £1823.20 owed by you to the above client under the credit agreement referred to above. It is essential that alll future payments , correspondence or queries regarding this account be directed to our central recovery office at the address below . The interesting bit is this is dated 10/01/2006 and as we know as stated above the archive reports from MBNA show the debt being sold to wescot 12:26 on the 19/05/2004 i take it SOLD means ASSIGNED Also if you work out the origional debt was for £3723.20 and as i started paying £50 a month on 10/11/02 then that is 38 months until the date of above = £1900 , £3723.20 - £1900 = £1823.20 , SO why does it state they sold this on the 19/05/2004 for £3923.20 sniff sniff whats that smell ... right heres another good one , I received the CCC on the 25/01/2008 for £623.20, so thats 24 months after 10/01/2006 , so again 24 x £50 = £1200 and again £1823.20 - £1200 = £623.20 , excuse me if i'm missing something here WHEN IS THIS OR WHEN EVER WAS THIS BEHIND OR LATE , WESCOT are flamin muppets and i want blood This combined with an application form as a CCA they had better turn up at court They also state in thier POC all rights blah blah balh have been assigned to wescot Regards Diggy.......................

Hi , Interestingly enough upon reading this thread it has reminded me that i too received an offer of settlement last week from Lewis for a lloyds debt and this was being offered at a 60% reduction and we are not talking of a small amount of money .

Hi all , I presume all i have to submit to the courts are case examples of ------- v ======= 14 days prior as i will be relying on these cases in my case to slap out any of wescots bull ****...... Also i have just checked my credit score and it is 900 and on very good , so if they think ( after 5 yrs good behavior ) I'm going to surrender easily they had better think again , roll on June 13th I'm getting exited now and this dose not phase me as i took on the tax man and won and they are so far up their own its unbelievable . All help always welcome and much appreciated as you can never have too much knowledge.... Regards Diggy...........

Hi i have submitted my defense , usual templated letter ; In the County Court Claim number - Defendant 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; a) 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. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served . c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet Build up to proceedings 5. The claimant's first contact was via the County Court claim and no default notice was received prior to this. 6. I believe this in itself is unreasonable and not in accordance with pre action protocols laid down in the Civil Procedure Rules in that the claimant has failed to take reasonable steps to resolve this dispute before instigating litigation Failure to enclose documents relied upon in the Particulars of Claim 7. Further to the case, on 12/02/2008 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 Agreement 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. 8. To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person 9. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states (1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,- (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. 10. I note the opening part of section 88(1), which states 88. Contents and effect of default notice. - (1) The default notice must be in the prescribed form....... The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue 11. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) should render it invalid Conclusion 12. The claimant has failed to supply any supporting documents with the claim form and has ignored my request for information. In addition I believe the claimant has acted unreasonably in bringing this action and further believe the claimants action should be viewed as vexatious. It is requested that the court strike out this claim as there is no prospect of success in view of the matters pleaded above 13. The claimant's case cannot succeed as matters stand. It is averred that the claimant and its representatives have acted unreasonably when dealing with this dispute. The claimant and its representatives have subjected me and my family to a unacceptable level of unwarranted stress and it is averred that such actions amount to harassment and has caused an unacceptable level of distress for my family, especially since they ignored the fact that their document purporting to be a credit agreement failed in its entirety to comply with the CCA 1974 14. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4 (2) The court may strike out a statement of case if it appears to the court - (a) That the statement of case discloses no reasonable grounds for bringing or defending (b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or © That there has been a failure to comply with a rule, practice direction or court order. 15. If the court considers it in appropriate to use its case management powers, it is requested that the court order the claimant to produce the original documents before the court as the documents supplied do not comply with the Consumer Credit Act or Regulations made under the act, the is confirmed by case law as well. Without production of the requested documents the case can not be dealt with justly and fairly, and will severely prejudice my rights to a fair trial 16. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, or indeed to provide a reasonable time period to investigate this matter, and having failed to investigate a dispute as required by the OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in 2001 the Consumer Credit Act 1974 is the relevant act in this case. 17. I also respectfully request that if any information has been registered with any credit reference agencies or third parties by the claimant , that this be disclosed and thereafter duley removed at the courts request Statement of Truth I, believe the above statement to be true and factual Signed ..................... Date Between - Claimant and I am busy reading all aspects of case studies and others experiences so as to have a greater knowledge of what i am doing . So all help is grately received as ever , thank you .. Regards Diggy.............

Hi , i sent a CPR to Wescot , MBNA , Abbey and Nelson and guest (wescots solicitors) ... only MBNA replied with a load iof stuff with computor no.s and figures on and a signed application form .. And i am beyond defence stage all that is done , AQs in and local court asigned . we have also had a mediation session were they offered me to drop costs and go back to £50 a month , i declined and said see you on the 13th .... Any info grately received as i'm going for vexatious litigant here ..... Thanks Diggy ...... heres my supposed CCA .... I also have another one of these dated December 01, 2 months later but that was declined so deffo an application form ...... .. Hi , Going through my paperwork and reading up on here about assignment i have come across something else interesting . As stated previously Wescot started taking payments in Nov 02 - then it stated in another document they bought the debt in may 04 for £200 more than the origional amount - then i find a letter stating assignment (and thats all it is a basic letter ) dated 10/01/06 of the debt amount £1823.20.. Any advice grately received ..... Thanks Diggy... Hi i am reading through various threads and cannot find one that tells me what needs to be in the assignment form , as i feel wescot have never been legally assigned the debt , therefore never been in a position to take money after the date they state they bought the debt ,This coupled with there failure with my CPR request for them leeds me to beleive if i am successfull in court then i shall be requesting all moneys paid back as MBNA own the debt and it is they who i needed to pay .] The fact that all cheques have been paid by my partner in her name is this enough for me not to have accepted the debt as i have actually never paid them a penny and 'i don't know what she pays' .. I am just trying to get everything possible together for my day out to the courts and want to be able to take them all the way... Any any advice will be gratefully received. Regards Diggy.............

It does but i don't know any info as they have failed in my CPR request to provide any information .....

Hi , I started the claim route for miss selling of the PPI on a secured loan i had with Igroup , but have not done anything since getting the usuall "not under FSA " excuse , But i am ready for the court stage now !!. Right it started in August 02 when i took out a secured loan with Igroup and was told i had to take the PPI or no loan and i had limited options and said ok go ahead , i was and still am self employed and this was a joint named loan with the misses and the PPI was only in my name ...... The PPI was added to the loan and interest added each month . I have since cleared this loan (remortgaged with a normal APR as i'm back on track nowadays ..... Any advice , information would be gratefully received as i am going to start the process in June as soon as my court case with wescot (in the DCA section )is finished . Kindest regards Diggy..............