Hi IGNM, Had a look at the skeletal argument and the amended defence, many of the points are identical especially the wrong account number and the Credit agreement being an application not a true agreement. What do I do next? Do I amend you defence and skeletal arguments to suit? Also there is no mention of me attending the hearing, just a notification that there will be one Ekim777

Hi Docman, Sorry for the delay in replying, Yes I have received a copy of the AQ from them. I submitted a holding defence so they had little to go on. Here is the witness statement for the summary judgement: Pictures by ekim777 - Photobucket Many Thanks

Hi All, Just received a "Notice of Hearing Application" Quote " The hearing of the application for the Claim to be listed for Summary Judgement will take place on the xx July 2009" Can anyone advise me waht to do next? There do not appear to be any instructions for me to attend or submit any paperwork etc. I do have a copy of the claiments statement.

This is the Disclosure request i attached to the AQ not the one in an earlier post! In the ************* County Court Claim number ********** Between ************* - Claimant and xxxxxxxxxx - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order file and serve the following: Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, Document, contract or deed of assignment Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following An amended defence sufficiently particularised in response to the documents supplied by the claimant

I've just checked my defence that was submitted with the AQ. I did request all the documents listed in the POC, also the directions in this thread (post 8) are the wrong ones! I changed my mind as this particular disclosure is more suited to a loan type default, i am looking for the one i did send, and will post asp, sorry if I have caused confusion.

My agreement is from 1996

Many Thanks, I'll wait for directions, any idea on the time scale for them to arrive?

It's for an MBNA Credit card

Link to POC (can you let me know if it won't work pse? Pictures by ekim777 - Photobucket I have not had a copy of the AQ from the other side yet.

Hi, Link for POC will follow shortly......currently doing a crach course on uploading the link:) The defence I submitted was a holding defence, The Allocation Questionnaire directions are: In the Northampton County Court Claim number Between - Claimant and - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order The request for defence is in relation to the amended "proper" defence. Hope I made myself clearer now

Hi Docman, The claim is the standard Northampton spit out, as to my defence i am stil researching it, and expect to start compiling something in the coming days. Sorry it's a bit vague but thats where I am up to at the moment.

Many Thanks for your reply, I also received a letter saying I was misguided and wasting time, and as I was paying via CCCS I have admitted acknowledgment of the debt. Ekim777

Hi All, Summary so far: Took out a credit card agreement with MBNA in 1996, Found I could not pay the full amount anymore (last year) due to disability. Contacted MBNA and told them I was having problems, and would they consider smaller payments, they refused, and eventually said Credit card account number "1234" would be passed to a Debt Collection Agency. Some weeks later received a demand from Arrow Global asking for full payment, under account number "4321". Arrow said they had done land registry search and found that I owned the property and they would seek a Charging order. I told them I was having difficulty paying and not long after that I started payments under a scheme ran by the CCCS. Arrow then sent me a letter stating that the debt has now been assigned to them for account "4321" (I never noticed the wrong account number had been quoted), as they tend to use their internal reference number on correspondence. I was then sent a default notice for account "4321" I was then sent a termination notice for account "4321" Eventually I was served with a Northampton County Court Claim Form. No mention of an account number on the form. Said I would defend and filled a holding defence. While compiling my evidence I then spotted the wrong account numbers. Wrote to Morbid Clowns Solicitors asking for all the documents listed in the P.O.C. They replied saying I must pay £10.00 for the information and it will take 33 days to get it together. Wrote again under 31.4 and received nothing. Yesterday I submitted my AQ with a disclosure request for the documnetation from Morbid Clowns solicitors. Today received four items 1 A credit application form (sigend by me) 2, A barelylegible copy of the terms and conditions. 2 A copy of the Default notice account number "4321" owing £10k 3 A copy of the Termination notice, the first Termination notice they sent me has the wrong acc number "4321". The copy they have provided today has the correct acc number "1234"! In short they have sent me copies of two letters with conflicting account numbers and different amounts! And it's these that they are going to submit them with their AQ! My questions are please! 1, Do I wait for the DJ to order directions or compile a defence from what they have sent? 2, They have obviously made some mega mistakes here, including forging the termination letter. Obviously hoping I never had the original.

Thanks for the info, The position then as I see it is that when you request copies under CPR, and they respond by informing you that quote "we have contacted the original account holder for copies of the documents, you have requested" Then this is surely a blatant admission that the documents in the POC were not held, at the time of issuing the claim! ekim777

Hi All, Interesting reading! So for a claim to be valid, the documents referred to in the POC would need to be in the DCA's possesion prior to issuing the CCS? Am I correct in my understanding? Ekim777

Hi, I like many others have recently received a CCS and after finding the Consumer Forums, intend to defend and will soon need help, in the meantime can I thank all the people who are so helpful to others, in what are times of utter despair, fear and dread for many. This website has truly inspired me to "take them on" Kind regards ekim777