Hi everyone, Im thinking of defending on the basis of no Credit agreement and only 4 years statement instead of six years. I posted the application and received card in post. never was I required to come into the branch and sign an agreement. As I understand The Consumer credit act requires the agreement to be signed on the premises. Also No Cred Agreement means the transaction falls outside the act and cannot be enforced by the act?? (if anyone can give any help on this i would be grateful). With regard to the statement as I can ascertain I have paid of the initial balance as well as any monies obtained from Barclaycard plus the interest on the debt all that is left of the balance is penalty charges and compound interest of the charges. (Im in the process of putting my defence together any help gratefully welcomed). If i had the full six years statement i could ask for some of the balance to be disregard under the limitations act. (im thinking the court cannot be certain of the balance) plus it has obstructed me in being able to construct a counter claim. Thanks

This is an error, re paragraph six, it was for the previous paragraph. Thanks

other side of default notice is just offering places to go to get advice such as cab.

Hi thanks for all your advice so far. I did the compound interest spread sheet and it totals over 1100 pounds in fees and interest on the fees. To be fair I would be happy if the Judge would quash this. Last hearing was end of April. I worked out the charges from june 2004 but did request 6 years of statement which would mean it would go back to sept 2002. They haven't produced the the full statements. The haven't produced the CCA. What should I write back to the court with. Any help greatly appreciated.

Regarding my defence . The judge pretty much ignored it. he kept saying whats my defence, only got the adjournment because i hadn't received the required documentation. I was hoping that maybe i could attack the lack of a cca.

Hope the above helps thankyou.

Credit application form

Here is my initial defence and court directions. Claimant has admitted no Credit Agreement on file supposed lost. however I never signed one. Defence (copy).pdf draft directions copy.pdf

Claimants Witness statement 1 Assignment Letter Default Notice Notice of Allotment Notice of Allotment 2nd Page Particulars of Claim more to follow....

Sorry just looked yes they have uploaded small. dont know why will try again

Here are the documents--is small claims. Other docs to follow. Thanks

Thanks. Hope someone can help.

Hello everybody. Im in court on Monday after an adjournment. The Claimant has only produced my initial application and a printout of my account going back to 2004. At the last hearing the sol claimed they could not find the credit agreement but would not withdraw the claim. As they had not provided me with there papers/evidence until day of the hearing. Judge adjourned stating it was right that they send all requested evidence. Im sorry to say but i have been frozen with fear about the whole issue hence my first post. I haven't denied using the card but need to write a defence. Claim is about £1100 but there are about £600-£700 in charges. Can you help me. Many thanks in advance.