Hi pushbike, i went through the same thing with them. The terms and conditions on the application form are illegible and therefore its hard to see if it could be constituted as an enforceble agreement. this is what you need to read up on. there are loads of posts on the site where it tells you what must be contained within an application form to turn it into a valid credit agreement. The key is there-at present its only an application form, not a credit agreement. Do some reading around "prescribed terms" on a running agreement. then if you have any questions hit the triangle to alert a site mod good luck

would it be worth applying for another set aside and then taking this company on as i know there is no CCA?

Thanks Palamino, but what I need to know is what to do about this new company, who dont know about the judgement

no, i did apply once but was mis informed and told it would be done on the papers. my application was dismissed as i didnt attend and so thought i had blown my chances out of the water after that!

Following the excellent advice I received via this site recently Im back again with some more questions! An old next catalogue account has been passed to the above to recover. I sent a CCA request and they, in response sent me a blank one, stating they didnt have to send me anything else and that I should now, basically pay up. Moorcroft previously had the account and obtained a Judgement in default after they told me they would withdraw their action but never did. after about two years they passed it back to next as they couldnt get the CCA from next. (Roxhburge dont know this!) question is whats the best course of action from here guys? thanks in advance

anyone know how i do that-is there a specific form etc? how do i calculate costs? thanks guys

Nothing really-just that they are discontinuing proceedings-no reason given on the N form they emailed me. just been reading CPR 38- are there any costs involved? how soon can i apply for a strike out? thanks Guys

HOW DO I DO THAT?

Hi all those who have given me assistance over the past few months! i had a notice of discontinuance today by email from Cohen Cramar barrister who has been dealing with my claim is there anything i need to do now to stop a second go or someone else coming after me? once again thanks for all the help-feel ready to fight the world!! ps-what can i now do about the details on my credit file?

Didnt reserve the right to ammend my defence, hadnt found this site then so i think it will have to be included in the witness statement- the bit i really need to know about though is what to do about the different account numbers and zero balance at the end of the ststements they sent me any ideas anyone?

can anyone help with this-listing questionaire due in tomorrow? thanks

bump

its Fast track not multi track original hearing was vacated at request of cohens as they could not do W/S in time no have to fill in lnew listing questionaire by monday after agreeing another extention of witness statements for them. but since looking more closely at the stuff they sent me in case judge wouldnt vacate i have found the following: CCA is virtually illegible at best and i dont think that it can be classed as enforceable as its an application that doesnt contain prescribed terms within the body of the agreement, although they have sent an undated copy of terms and comditions that are completely seperate DN is non-compliant as it only gives 14 days from date of writing to comply-so unless they served it on the same day it is defective statements that they have sent me show different accoun numbers and a nil balance from late 2007 to mid 2008-how should i address this? cohen cramer wont reply to my complaint about no letter before action, the CCA request i made to barclays that they ignored and the debt became unenforceable before the debt was sold on, or the fact that they have failed to copmly with my CPR 31 request fully. im thinking i should be submitting an ammended defense with the listing questionaire as my initial defence was no credit agreement so cant ascertain enforceability etc, as well as some proposed directions for proof of service of default notice and also production of a valid credit agreement as what they provided is illegible and does not contain whats necessary for it to become a valid agreement? what does anyone out there think?

little bump!

hi guys have to fill in a listing questionaire by 17th March and serve on claimnt and court. So many things wrong that i need answers too, including the fact that statements they sent me show a nil balance from late 2007 to mid 2008. does anyone know whether i can ask for a new set of directions when i complete the listing questionaire, and should i ask Cohen's why my statements show a nil balance?

thanks guys when i have finished my W/S can i post it for someone to have a look at?

Well judge has vacated the hearing so i am looking at a hearing date for may, witness statements to be exchanged by 3rd March. gloves off now!!

this lot seem to be making everyone miserable at the moment. common trend is Barclaycard pass to mercers and then out of the blue CL finance, however in my experience i have never even been contacted by them, only their dodgy solicitors Cohen's, who just instigate legal proceedings without any sort of protocol at all!! keep an eye out on here, loads in the same happy boat!!

well, should know tomorrow by about 10.30 either way! keeping my fingers crossed that the Honourable judge is glad its friday and already has a busy tuesday so doesnt mind bumping it! how will it fare that cohens aint produced a witness statement?

im sure i will need all the help i can get as i will need to submit a witness statement, work out a defence and find all the relevant case law over the weekend. ill want to serve it on monday as it may give the judge chance to look at it before Tuesday. what do you think should be my stance on this conference call tomorrow? does anyone know if the courts are likely to grant this adjournment, or do they tend to say no?

any thoughts on my last post guys?

well after all this nonsense i am thinking about doing a qualification in consumer law!! interestingly enough though, they are asking for a further month before exchange of witness statements and May for final hearing. if the adjournment is granted i may use the time to ask the court for an unless order in respect of the CPR request and the executed agreement-if there is no ajournment I will be busy Friday drafting witness statement, skelenton argument and siting caselaw for my submissions!!

should i also draw the judges attention to the fact that what they have sent me is not a signed executed credit agreement as he stated in his first order, but merely a poor quality copy of an application form?

31 request, I agree that the LBA is not a huge point, but it is a point that should be made, given that they issued county court proceedings even before they had sent me a notice of assignment, despite the fact that barclays were in breach of a CCA request whn they sold this on. whats the worst bit is that i never said i wouldnt pay, just couldnt pay what they wanted at the time

well in a nutshell because of my late disclosure(cause i didnt receive the courts letter) they cannot prepare a witness statement in time, even though i offered to have mine done by 26th of Jan, despite the fact that they have failed to comply with my CPR request or acknowledge my complaint about not receiving a aletter before action!!