Thks for getting back to me so quickly, I have already filed my defence with the court and i completely defended the claim. i did not have the docs from the solicitors as they took approx 4 weeks to send me them and i did not want to go over the 28 days allowed for the defence. I sent the standard CPR letter from this forum to them. This is a M& S creditcard. Can i sue them for defamation of character or stress or distress caused? They have acted unlawfully approx 5 times within this account that i can prove. And all their documentation seems to have massive holes in it. ( well to my untrained eye anyhow!!) stressed but fighting back now!!! willow Thks for that 42man parts of that will come in very handy when i send them a complete snotagram next week. I think they are querying the CPR letter because of the 6 year bank rule and maybe they dont have all the info requested. i think they thought i wouldnt defend and that the would get a ccj automatically. they were wrong!!! willow

Sorry, something else i forgot. they are querying the CPR letter i sent them quoting me cpr rules 31.6 and .31.7 saying basically that they only have to provide docs they are to rely on on court, and that anything they deem to costly in time and money could be classed as unreasonable and not relevant to proccedings. they are asking me advise what issues the requested docs are relevant to and to each head which it falls within.. They have provided 1 application form with no prescribed terms on signature doc, which they say is cca form. 2 computer generated defult notice with not even a name or address on it. 3 statements from nov 2003 and not 1996 when the account was originated. 4. letter addressed to mr a sample of sampletown of change of conditions from chargecard to credit card. Surely these items can not stand up in a court of law!! All this and the account is in legal defult as they did not respond to my CCA request. They issued in Northampton 4 weeks after ignoring said CCA request, which i can proove they received by registered post. im feeling a harrasment case coming on!!! i have to reply to them within a week.. Willow:evil: Lost!!!!!

HI, can anyone tell me if a defult letter which hsbc have advised me they will use in court is legal if it is a template letter. this document has no name, no address, no date and no amounts listed. It makes no sense, as there is computer jargon which should have been edited out and customers details entered. They advise me that i would have received this letter!! surely a judge would expect a letter to make sense and have all relevant details on it! (LIke the name of the person it is intended for etc.) I do not have a defult letter with my paperwork and i wonder now if it was ever sent as hsbc do not seem to be able to supply the original copy. it was only issued in oct last year so not ages ago. They also want to use another document in court against me addressed to MR A sample who lives in Sampletown.!! Whats going on???? can someone help me? I think im crackin up!!!! willow:evil:

I have just received a letter back from DG sols with an application form which they have advised me is a credit agreement. It has no required terms or prescribed terms apart from a credit limit which i ticked on the form. They have sent T&cs which are very hard to read. It is obviously taken from a microfische . A set of statements from nov 2003. They have also sent me a copy of a copy of a default notice which they have confirmed they sent to me. This default notice is a computer copy without my name or address or date or any reference to any amounts outstanding. It is a template letter. ( I dont recall receiving any such letter. addresed to me) they have also sent a letter addressed to MR A Sample which details the changes fo the M&S card from charge card to credit card. They insist I would have had this letter!! They are also querying my standard CPR letter which they took a month to reply to, making it so I did not have this infomation from them when I filed my defence in court. I quote from their letter We refer you to CPR 31.6 which states that standard disclose requires a party to disclose only; the documents on which he relies & the documents which adversley affect his own case. adversley affect another partys case or support another partys case the documents which he is required to disclose by a relevant practice direction. CPR31.7 states that when giving standard closure a party is requested to make a reasonable search for docs. falling within rule 31.6(B) or © Reasonableness of a search include the following 1. number of docs involved 2 nature and complexity of proceedings 3 ease and expensive of retrieval of said docs. 4 the significance of any doc. located in search. In order to establish whether any additional docs.requested within CPR request are reasonable and relevant, we would be grateful i you could advise what issues the documentation are relevant to and each head which it falls within. Has anyone else had this happen to them or can any one advise mewhat my next move is. I have a week to reply . is this an attempt to put me off my stride? Is a template default letter with no details accepted in a law case or a letter addressed to mr A sample ? As they ignored my cca request and this court action is unlawful and can be proven every step of the way can is sue them for stress and distress and defamation of character? Has anyone ever done this?? PLease help me or i think my head will blow up.. Thanks Willow

thankyou all for replying and all your help. i have recorded and detailed everything to do with these solicitors?? I have acknowledged the claim to the court on line and sent the CPR part 18 request by special delivery to them. As yet no reply!! Will enter my defence in good time so will not miss the deadline. They have not even entered an account number on the court form!! what a shower! I think they are trying to frighten me into paying, and also trying to get in the back door going through northhampton, hoping i will panic and not understand the legal process, and therefore will not fight back. I dont understand the legal process but i am learning and with all your help i will fight back!!! thanks again for all your help. i will keep you all posted. XXX willow

Hi everyone. I am new to this and still working my way round the site. Can i say what a fab site this is. I have had successes with Rockwell, Blair Oliver & Scott and a grovelling letter from MBNA!!!! admitting data protection misuse all thanks to advice obtained from CAG. I have stumbled by the wayside with DG solicitors though. I have sent a CCA request to them, which they have not responded to and now the account has passed the 12+2 working days and is in legal defult. They have responded now with a court demand through Northhampton recd on the 22 Aug. I have responded with the CPR letter and sent it registered post for them to receive today. They have not sent a defult letter or acknowledged CCA request. I am starting to formulate my court defence to make sure I do not miss the deadline. They have given no propper warning and seem to be in an incredible hurry to get me into court. As they are not legally in a position to go to court over this can anyone give me a reason why they should persue this course of action? Does this mean that this is a last chance saloon attempt to regain money from me by defult by hoping that i wont submit any defence as it seems to me that they cant have the CCA agreement as surely they would have sent it to me. I wont be bullied in this way, for just exercising my legal right,and want to fight back in any way I can. I dont deserve this!! Any help or comments would be greatfully received. Stressed but not down and out yet! Willow