if u wish to go down that route, as i understand it, you really need a solicitor who is expert in consumer law. you could also try direct access barristers as if u do a bit of the work urself, the costs will probably be similar from what i have been told. Public Access Directory you could also google and see if there are other options. its your choice in the end. what did he say was the point in speaking to them? you can always start this urself and bring in help at a later stage if necessary.

hi nancy, template link is in post 56 as i said from palomino. no SAR requires 40 days u cant chge that... read the CPR 31.14 thread. u can give them 7 days as that would surely be deemed reasonable time given the constraints of the court.

have a look at this thread in particular post 27 onwards here too, note Rhia states to ask for the Deed of Assignment rather than the NOA (i understand Rhia had a very good barrister onside so may be worth taking note): http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case.html#post2385494 i seem to remember paulwlton on this site also having had problems in this vein so maybe do an advanced search under his name to see if there is anth helpful there too. steven4064 has some insights here, post 125 onwards as to the Law of Property Act 1925: http://www.consumeractiongroup.co.uk/forum/legal-issues/197600-more-problems-link-3.html#post2385747

ok so u havent had any relevant documentation on which they are basing this case other than a s78 compliant, unsigned agreement. i would get the AOS done so its one less thing to worry about. they dont mention it is a regulated agreement which as its for a CC it undoubtedly is, thereby disallowing them s.69 interest for a start. i would still do the SAR if u have a spare £10, a gd example is in post 14 here from palomino: http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft.html send it to the regstd address of the original creditor. i would think a look into CPR31.14 as you are now in legal proceedings would be in order for disclosure. see this thread by SX20: http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html a SAR gives 40 days in which to comply, i would allow 7 days for the CPR request as you require the documentation in order to file a decent defence to the claim. by standing up and showing u can deal with this u may find its them that doesnt fancy the fight.....but u will have to push them to find out... added: who is the named claimant ?

hi nancy, technically they have in all probability adhered to your s78 request by sending an executed agreement (not to be confused with enforceable) so the account is not in dispute. have u had any NOA? have u sent a SAR if so when and any response? can you post up the Particulars Of Claim and the date. keep a very very close eye on your timings as this can cause problems if u miss deadlines. i would be tempted to dispute the whole claim which will give u 28 days + 5 days service from the date on the claim form in which to enter a defence. dont worry if u dont have a defence u can submit a holding/embarrassed defence which will force the claimant further down the judicial road.

read this: Law relating to debts: statute-barred debts and this: http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php

hi nancy, on the claim form you should find (usually to the right) an area with a password for MCOL -Money Claim Online. you can use this to submit your AOS rather than the more laborious postal service. beforhand however, can you outline your circumstances upto now ie what you have done CCA rqst/SAR/CPR disclosures if any and what the claim is for CC/loan/etc and when it was taken out so that people can quickly get upto speed and help out. can you also state the POC verbatum and obviously if u post up any docs remove your personal dets first.

hi joemay, i have no personal experience of this type of thing but reading nickleas post 7 above i dont see how they can pursue at all other than threatening letters. is the letter addressed to you personally or your son because reading that if its to you, you have nothing at all to do with this incident unless they can prove your negligence (a bit difficult him being on a push bike i wud have thought!!)? as i say i only going on nickleas thoughts above.

hi vjohn, i personally just put in the N244 but i have seen it mooted that attaching a defence to your application can potentially save time and costs so you may wish to consider this.

hi rufus, the POC do not state a regulated agreement? if it is regulated they cannot claim s.69 interest. is this a joint claim for a loan and overdraft? what was the original amount of the claim(s) and when was the credit taken out? do u have any paperwork at all to do with the claim? id get a SAR off to RBS regstd address as well, it may throw up some interesting stuff for future reference if £10 is not an issue. try palominos version post 14 here and dont sign: http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft.html

just cos an amount is below £5k doesnt mean its automatically SCT, the court has to take into consideration the complexity of the case, in all probability the CCA1974 is complex enough i would have thought...and as Bazaar says it hasnt been allocated yet so how can they say its not applicable? i suggested this for someone else if its of any help: Dear Sir, Thank you for your letter of xx xxxx 2009 in reply to my request for disclosure under the Civil Procedure Rules. In your letter you state that this matter relates to small claims and therefore Civil Procedure Rules do not apply. From this I take it that you refer to CPR27, however may I refer you to CPR26.8 which deals with matters relevant to allocation to track and in particular part (1)© which states: “(1) When deciding the track for a claim, the matters to which the court shall have regard include- © the likely complexity of the facts, law or evidence;” As this case revolves around the issue of the enforceability of complex contract documents governed by the Consumer Credit Act 1974, I fail to see how this can possibly be allocated to small claims track and therefore I am at liberty to ask for disclosure under the CPR. Indeed as no track has yet been allocated I enclose a further CPR31.14 request for disclosure with which I trust you will conform. Should you not be able to do so, I require your reasoning in writing within the timeframe of the aforementioned request. For the reasons outlined above I would appreciate a swift response such that I may formulate a defence to the case against me and save the resources and time of the Court by dispensing with the need to file an embarrassed defence and subsequent amendments. Yours Faithfully

they dont change their tactics do they?

hi IFTL, have a read of BRW posts: 315 here: http://www.consumeractiongroup.co.uk/forum/legal-issues/199523-restons-mbna-issued-court-6.html#post2394247 and 26 here regarding inspection: http://www.consumeractiongroup.co.uk/forum/legal-issues/212616-amex-have-issued-claim.html#post2392048 it may help and clarify a little. try and draft a defence (there are umpteen to copy from) and u will find others will comment. IGNM has a defence and skeleton if required posts 6 & 14 respectively here (forget the underlining its just for some amendments): http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

thanks 42man, i did think about that, but from a charges point of view i guess it depends on when the original judgment was dated. would it suffice to say that new evidence, a dodgy agreement/application form/whatever, constitutes the concealment/mistake perhaps? "32. Postponement of limitation period in case of fraud, concealment or mistake. — (1) Subject to [F1subsection (3)] [F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either— (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake;

do u have a thread rather than hijack UTEBs?

this is an issue dealing with setting aside a judgment already in place. its not relevant to having an uneforceable CA.

well if so, im trying to find the correct procedure for such an eventuality. it seems you may need to apply to the court to remove your admission and either appeal or take a fresh action to overturn the judgment based on the new evidence. if im able to garner any further knowledge on this ill be sure to let u know. i did start a thread but to no avail at the moment may be worth keeping an eye on tho: http://consumeractiongroup.com/forum/legal-issues/213560-procedure-challenging-non-default.html

do u have the original judgment? do u know if it is default, under admission etc?

lol...very true andy. but i would make a hell of a contribution tho:-D

excellent news molly, by the way im not keen on those wicker donkeys but i do like italian lottery tickets worth 136mil euros if u happen across one blowing around on the beach:D

hi ang, usual delaying garbage from the black donkey. if u have to sign anth then make it a diff sig (i print) and/or use one of the backgrounds that can be found on the site if u search.

hi molly, the DJ simply gets a file on which to make a decision based on the facts, no notes stating how many holidays u have had . dont feel guilty about it, put all this in a sealed, metaphorical box for two weeks and as andy says have a nice break.

hi molly, sounds like the holiday is a necessity not a luxury...... why dont u set all ur cases out, see which are awaiting court dates or necessitate u being here and phone and/or write to the court, explaining the situation to see if the dates u are away can be avoided. anything else can wait i would imagine....for a refreshed molly and OH;) the issue of telling ur family is of course a tough one but u may find it a weight off if u do. i dont see it as anything to be ashamed of, none of us started out wanting to get into these messes and they may even be able to help by the sounds of your very kind mum. i know the feeling tho. take control molly and do whats best for u...

hi janitor, you ll hear it on here a lot but thats the soggy end of a very poor (Deputy?)District Judge stick you have just been handed by the sounds of it. if u dont get any joy from people dropping in then maybe see if BRW would help u out should u wish to appeal the decision. i think he has done a lot of work in this regard. i understand it will hold any costs too if u so choose. terrible luck im afraid.

hi sunshine, i dont know the facts of ur case but from what i have gathered it can be useful to have a very succinct, to the point defence followed up by a skeleton argument which outlines and bolsters the points in ur defence with case law and statutes etc making it very clear for a judge to view. IGNM has examples of how to put these together. the underlining is just his way of showing amendments so not required. posts 6 & 14 here if appropriate: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html