dont take their word for anth!!!!!! have u a defence to put in in respect of this? if so make sure its in on time. they have said the account is on hold but the court process rumbles on!!!!!

just make sure u keep to any court deadlines.

it may be an idea to send a reminder first, enclosing your original request, and a further warning, in order that you show u have been reasonable in your request.

why didnt i just do that in the first place spam....tryin to be quick n end up .......... sorry for any confusion but thats exactly wot i meant........

for the CC i mean, ur asking for it to be made unenforceable...in the CCA1974 thats the section to allow the court to do it i believe.

declaration of unenforceability under s.142

would that benefit from the mention of s.142 CCA1974?

not sure if its any use and im tied up with my own stuff so i havent got time to check...but i seem to remember IGNM putting some CC with defences so might be worth a search under his mnemonic to see whats what. andyorch may also have dun similar..

ben if it were me and if nth tallies up, id send them a recd del letter to the effect of: from the information provided by yourselves, it is impossible for me to assess whether i have any liability regarding the alleged debt and i will not enter into any further correspondence until such time as you provide factual information and documentation that allows me to do so. in any event, in light of what i have received to date i believe the debt to be statute barred under the Limitations Act 1980. for clarity, as your letter seems to imply to the contrary, i have neither paid nor admitted - nor do i do so now- any sums due or owing regarding this debt from beyond the statutory 6 year period. etc etc. if you continue to pursue your current line of harrassment, you will leave me no choice but to report your conduct to TS/OFT/etc. you can fluff it out a bit using this link i gave above, particularly the OFT guidelines: Debt Factsheets - Liability for Debts and the Limitation Act thats if u are SURE its statute barred of course, cos snoops thinks that CA is potentially enforceable!

should i try and get their case thrown out as an abuse of process or is that a step too far? im feeling quite peeved again having gone thru all this a second time.

so i can find em quick.....further perusal: expl of correct termination: http://www.consumeractiongroup.co.uk/forum/legal-issues/217605-halifax-current-account-defective.html from car: http://www.consumeractiongroup.co.uk/forum/barclays-bank/110184-car2403-barclays-bank-default.html

andy thanks, does this therefore work in the same way as a DN, in not allowing them a second termination once unlawfully terminated in the first place? does this then allow them to pursue merely the default amount?

a redetermination hearing will put forward your income and expenditure, upon which the judge will decide a reasonable mthly payment. you basically show a mthly amount u can afford and as long as your i&e backs it up, the judge will make a decision based on that.

thanks andy understood. would you mind bestowing me with the benefits of your thoughts regarding this additional WS and its place within court protocol?

hi andy, thanks CB btw. andy, no this was not made with the application, this is in response to my WS by the looks of it, as a subsequent issue, so should i take issue and object to its' input. i understand that a DN is not the official way of redemption from default for an O/D but i did make an issue of it (DN) in my WS as they had sent one (DN) previously. would a DN not comply to s.76 & s.98 should the content threreof comply to statute? also where in the statute is the fact that s.76 & s.98 are required for a running credit account. im thinking from the point of view of a barrister attacking this and my having to respond to the judge here? in my opinion there is enough issue to be made to sidestep the SJ, but i would like to try and get some headway regarding the 'whole' issue when it comes to trial.

im a bit confused by that post.....u have a CA already so what is the issue with timing of them sending u a CA? if u are struggling with the enforceabilty issue may i suggest a pm to either cerberusalert, supasnooper or steven4064 of the site team for clarification as i believe they have a better understanding than most.

a question regarding the legal protocol of this 2nd WS, namely is this on or just them playing the 'game'? as had they turned up as they should have done at the initial hearing, this would never have been entered.

thanks...cymru...

seems a common ruse nana (ive got a hearing next thurs with the OC using the same tactic). they give little evidence so u put in a holding defence, then they go for SJ as no defence has been put fwd. if u have it, id suggest posting up the bundle/WS so others can help and then u need to trash it in every form if u can, in ur own witness statement. when is the SJ hearing?

does he not need to mention that the request is made under s77/78 to enable it to be put in dispute?

oh yes, thanks for the clarification.

keep goin spam. as FG says dont let a few jobsworths who dont know their posterior from the bent bit in their arm get u down. ur in the driving seat here;)

welcome ben, keep the thread updated if u have any developments.

true to form SCM deliver this as late as poss, a 2nd WS: p.1 src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSSCM2NDWS1.jpg" border="0" alt="Photobucket"> p.2 src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSSCM2NDWS2.jpg" border="0" alt="Photobucket"> p.3 src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSSCM2NDWS3.jpg" border="0" alt="Photobucket"> p.4 src="http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSSCM2NDWS4.jpg" border="0" alt="Photobucket"> obviously didnt like my trashing their DN efforts it seems. back in court with this next thurs.

id send a SAR (with £10 postal order) to OC regstd address. template post 14 here: http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft.html with a view to seeing exactly what has been going on with the account. do u know how long the account has ben in diff hands, as u may need to send one to the new owners as well to prove ur point. but statute barred is a full defence agst the claim if u have had no contact for the 6 years. Debt Factsheets - Liability for Debts and the Limitation Act