if it cant be enforced therefore, are the monies not a 'gift' and also any adverse data held or shared under the t&cs becomes unlawful as there are in effect no t&cs??? or for this do we have to secure a s142 declaration?

well ive had various replies to the letters over several weeks....ALL of which basically say they have looked at it and cant do anth!!!!!!! SHOCK... got the SJ hearing 1st Oct

i would get that letter off asap and hopefully none of this will be necessary. also possibly give them a call and try to speak to a manager or someone in the arrears dept if they have such a thing, explain the situation tell them about the claim asking for future paymts and ask that they discontinue and accept paymt on the date u can provide it in full. get names, ext nos and anth positive in writing asap. however, if u dont do the AOS in the alotted time, they will get a default judgment and it will then be much more difficult to sort out. having said that i would leave it as late as poss in case u get a positive answer from the letter, phone call. this is however just my opinion.

hi V, regardless of whether the loan is 'due' or not, getting them to provide some paperwork regarding this may make them think a little about accepting any offers, should you wish to make them, rather than bullying you into a corner. the more u back down the more they will push!!!!! can u post up the Particulars of Claim on the claim form. which court is it from? you have 14 days to do Acknowledgment of Service, if its Northampton CC you can do this online using the MCOL password on the claim form. personally i would send a CCA rqst and a SAR both to Lombard (if they are the original creditor?) at their regstd address. u need to enclose £1 with the CCA rqst and £10 with the SAR. print ur name, do not sign anth and send them recd del, keeping a copy for yourself. have u ever received any documentation (CA, ststements with charges on, default notice, letters threatening legal action, etc) regarding the default on this loan? if so and u still have them can u post them up as there are strict guidelines they MUST follow to legally enforce this debt. the point of all this, as i see it, is to take the fight back to them a bit and see if it changes their attitude to your offers if thats the way you want to play it. just my view of course.

good spot. u have 14 days to do an online Acknowledgment of Service thru MCOL the password will be on the claim form, i would dispute all the claim. this will give u 33 days from the date of the claim form (14 for AOS + 14 for defence + 5 for service) to submit a defence. which hopefully will give u time to settle the account? in the meantime i would write to them (keep a copy and recd del)suggesting your proposal of payment explaining the situation and asking them to drop the case as they are after future payments anyway. should they be mad enough not to take the paymt when you can make it, this will undoubtedly make them look like they are wasting the courts time.

hi jon, did u post in the link above for credit agreements? can u post up the POC, the defence u submitted and the WS received, as that would make access easier for anyone trying to help out with the SJ. in that regard, have a read thru here from post 81. altho that is for an o/draft andyorchs advice regarding the SJ procedure should help. http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft-2.html i believe u will be required to submit your own witness statement basically trashing theirs within 7 days of the hearing.

they will struggle to enforce it in court i would hazard.

id be inclined to agree donkey but how to approach that requires a little more info otherwise a lot of time, effort and cash can potentially disappear down the proverbial.

the 6 years is from termination not inception of the account.

if your query is just about the fee, i think u might be confusing the issue with the amount of the claim as opposed to the fee? see the form here part H: http://www.ukessays.com/lpc/civil-litigation/downloads/n150.pdf

hi LFB, when was the account taken out? did ur sister receive a claim form from Northampton court or just a judgment and when was this? did she make any admissions, enter a defence or make any reply to any claim form? i would think that all correspondence should come through to your sister even if sent to the DMC.

hi dvd, as shadow says a call to confirm that judgment hasnt been made is essential given that you had potential time issues with your defence, even with court confirmation! if this is so, id be tempted personally to keep this under my hat and add it to the dossier of iffy/confused CA(s), dodgy DN and lack of response to documentation rqsts,etc to stick under the DJs nose at any hearing whilst making the most of their lack of respect for the overriding objective of the CPR. wont win your case on its own but may put the DJ onside a bit. then if judgment has not been granted i would report them to every relevant regulatory body known to man.

what have u received and from which court? could you post it up without the personal dets perhaps via photobucket.com or type out the Particulars of Claim verbatum. chances are it will take longer than your paymt date to go thru court anyway if this is the first u have heard of it and maybe they are taking it as a delaying tactic, whereas if u have the payment ready they may accept.

hi cherry, best answer ive heard for that question is that the dispute is not over whether the money is owed, just whether the claimant is able to legally enforce the debt. there is a thread devoted to this question if u do a search. what is the AQ in connection with? for a quick fix on AQ have a look at this thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

hi V, have you made any documentation requests at all Credit Agreement/SAR or anything of that sort? have you received any default notice with a date and an amount to remedy the account? are there any charges on the account that u know of/have proof of? it appears from what u say that they are pushing their luck trying to get u to settle the complete debt (interest and all). in normal circumstances they would take your arm off for any paymt and chase the balance.

hi robin, if possible it makes sense to me to take out the original judgment in one hit rather than leave it flailing around unresolved. as i say im unsure of the legal process required so unless anyone on here can shed some light it may be an idea to consult that barrister you talked of previously for an opinion. id certainly be interested myself. i would get all the evidence collated that u possibly can and an admission on a court transcript regarding no CCA doesnt come any better does it:D ive never gone that far down the SAR route but i know supasnooper of the site team regularly advocates an aggressive stance and the method required, so perhaps search around or PM him if u havent got it already, tho i think CB has possibly given u the reqd info already. sorry i cant be of more help.

hi robin, looks like you and lilly have it all under control. i just wonder whether there is a case for endeavouring to attack the original judgment head on, rather than going thru the appeal for set aside and, if successful, them undoubtedly not pursuing the debt further, leaving u with a dodgy credit file for 6 years. i dont know the answer, just putting an idea forward. could a fresh action not be taken, appealing the original judgment on the basis of new evidence (no CCA, admitted by the other side) adding the s142 and clearance of credit file in that action so that if successful, the whole claim is thrown out and ur credit file is cleared in one foul swoop so to speak? just a thought.

id say they are just looking at their exposure to u overall. if ur are having trouble paying other debts with them, in all likelihood u will struggle to pay off the o/d as well (from their point of view).

hi jon, have u then put in a holding defence originally? when is the SJ hearing? have u received a bundle from the other side incl a Witness Statement in relation to the SJ? it may be best to post up everything u have dun so far (CPR rqsts, defence,AQ, etc. obv minus the personals) so that anyone looking in can comment further. im really no expert on CAs but from that, it looks like they have the original and the pages look congruent and part of the same doc so that may be a bit tricky for you to defend if it holds all of the prescribed terms. that said there may be issue with its layout (signature not at the end etc so prescribed terms not within the '4 corners' of the CA, etc) try linking the agreement to this thread to get some more help: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful-15.html if the DN is sent 2nd class (if they cannot prove otherwise it will be deemed as sent 2nd class, therefore 4 days) i dont believe offers you the correct amount of time (14 days) to remedy. have a look at snoops links in post 10 (and the link within BRWs post) above to get that verified however. all of that is of course highly relevant but ur main issue at the moment is sorting out and preparing for this SJ.

hi cantona, i cant read the attachment but from the written POC, i wonder if a CPR18 rqst would be better given the vagueness? wonder if snoops agrees? also u may wish to disguise the amounts a bit in case anyone is looking in. common practice im afraid. if snoops agrees there is a template here courtesy of 42man for your perusal and amendment: In the XXXX County Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER) Dear XXX CPR 18 - REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to: (a) a copy of the procedure(s) used for copying, storing and retrieving documents (b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s) © copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with (d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME) c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. h. Copies of statements for the entire duration of the credit agreement. j. Proof that the debt has been securitised in the United Kingdom. k. The termination notice. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim. Yours sincerely, XXXX (type, don't sign).

so your defence has to be in by Wed 30th Sep (if poss, couple days b4 to be safe). most of us had no clue before finding this site nancy. i would have a look around and find a holding/embarrassed defence that fits your situation (most will) just in case you get nth back from them, just so u are prepared. also keep looking for and reading threads that are congruent with your situation, its amazing what u will pick up. couple of useful links for speedy reference: Consumer Credit Act 1974: Results within Legislation - Statute Law Database Civil Procedure Rules: CPR - Rules and Directions - Ministry of Justice

hi rutland, you may also wish to bear in mind that DCAs can pay as little as 10p in the £1 for such debts;) if you ask to see the Deed of Assignment as well, which i understand is the document with all the details of the whole transaction between OC and DCA (they wont send it but might scare em!!) this would be shown there. see bottom of post 31 by rhia here: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case.html

hi shiny, i make it 4th Oct as well but thats a Sunday so work on Friday 2nd Oct at the outside. with CPR rqst u have to be seen as reasonable, however due to the constraints of the court timetable for your defence 7 days would be reasonable. but you may also have to send reminders if you get no response and you re not away. i think what 42man is referring to is that charges can be a real thorn in their side if they get the issue wrong (lump them in with the rest of the account, charge interest on them, add them on Default Notices, etc) and you should therefore mention them and possibly ask for a full breakdown of ALL charges on the various accounts in your request. id look out for a holding/embarrassed defence as well (42man prob given a link already i expect) and load it onto your laptop in case u need to put it in whilst away.

whats the date on the claim form nancy?

3tea, have a read of the link in post 15. if u follow on in that thread from the WS andy explains in more detail the processes that must be followed (post 119 in particular).