Unfortunately this time I didnt really get the help I needed but it was my own fault as usual I left things to the last minute and didnt get enough time to build the defence using everyones help. So I submitted hopefully a very general defence not mentioning too many specifics so that when I get a court date hopefully I will be able to fill out the gaps substantially. Anyway I can always apply for a stay using the N244 route if needed so I hope I havent any need to panic just yet!!

Thanks for your help everyone I have just submitted a very general defence hopefully leaving every avenue of argument open. I will most likely receive a court date shortly which is when I will definitely need some help.

Mmmm just checked my records and it would seem that egg havent issued a DEFAULT notice. So perhaps I could prepare a defence initially based on this and the misleading terminology Anybody some bright ideas required please!!

Anybody have a defence statement suitable for a 2004 egg card with approved limit etc - need to submit defence like tomorrow!!!

My SAR request came through and is identical unfortunately although they say they have sent something under separate cover which I havent received yet. PCD

IMHO this is a difficult one deciding which way to go. As you will have noticed from my previous post that there is no term for interest on purchases. In my opinion therefore I would take the view that they have been illegally charging interest on purchases since the card was taken out. In my particular case i am fairly sure that the amount of interest I have been charged is slightly less than what I owe them. So I am in the process of drafting a letter suggesting that they just write the debt off because of the above reasons. However in your case it may be possible that you are entitled to a refund of interest paid to date plus compound interest - this could amount to a substantial amount of lolly coming your way. Alternatively you take the unenforceable agreement route. Stop paying them and send out the unenforceable debt letter outlining the reasons why it is unenforceable. This method is designed to force their hand and eventually take you to court for non-payment. My guess is that they wont bother as they havent a leg to stand on I believe with this agreement. I would appreciate more experienced caggers advice on this as this is only my personal opinion PCD

It is unenforceable as there is no reference to purchases made using the card and any interest rate that would be applicable to those purchases. So therefore a required term is missing. There is also an ongoing thread that you may like to read which explains the reasoning and will give you far more insight into the technicalities of Egg agreements. http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html PCD

I dont know if this might help or not - one of the angles I was going to attack on is that without the original CCA and t's and c's we have only their word that the interest rate charged has been correct and that post judgement interest can or cannot be added. This is only possible by production of the original agreement. PCD

Congratulations R&B it sounds like the DJ agreed partially with your reasoning and the other side werent fully prepped. I am surprised that he didnt order a set aside though. I wouldnt have thought that was an normal procedure basically allowing the creditor to continue the case that they had already won:???: And allowing you to defend it. Last time I went to court for a set aside it was against a Double glazing firm who broke a verbal agreement. I said didnt receive court papers. DJ said to the other side anything to say - they babbled on for two minutes until I interjected and pointed out that it was a hearing for set aside. Judge agreed said set aside and within 5 mins we walked out of court.

Can you remember signing that CCA for mint? Is it in the same format as they sent you. I believe mint have done the following but I cant prove it yet. Scanned in the ts and c's they wanted to apply to the card and scanned in the signature strip from the application. Then stamped it to make it look like its executed and in a format that will stop too many querying the original's existance. PCD

I have been told on another thread that it is the full charge. Which includes the £12 ones. By the way good luck for weds. PCD

What year was your Credit card taken out and do you have a copy of the cca if so post it up to photobucket and put a link here. I may be able to help.

Tooshay, I have looked at the two scans that are different, however I would suggest that you tread carefully on this one. It looks likely that they have sent you a copy of the actual CCA. The one you have posted (the original) is a copy that would be for your records and wouldnt contain the signature.

Thanks Doc - look forward to seeing it PCD

At the time I was a property developer an in total denial - couldnt bring myself to even open a letter. If you can imagine what its like to have 14 Credit cards and 13 mortgages and 13 councils/bailifs chasing for money all at the same time, the phone didnt stop from 8 in the morning till 9 at night - when the postman arrived he would deliver a veritable forest of mail if he could get to the door fighting off the debt collectors/bailifs to get there. At the time I agreed to anything just to get rid of the incessant phone calls and visits so I could get on and start making some money. All my life I have never been indebted to anyone I have always paid my bills on time and so had never any need to worry about where the next meal was coming from. I have managed to resolve my more pressing financial issues and can now afford to take some legal advice with regard to the situation that I find myself in. The people I have turned to for advice have informed me that the first issue to address is the CCJ's . To look and see if there are any signs of creditors taking advantage of the situation I found myself in. In this particular case.....DG have etc

Thanks for your help on this one Docman. The POC states that they have used the invalid default notice to base their claim on. The CCJ was end of July 2008 and I have to pay £30 per month. One strange thing is that the claim has costs of £290 and the judge has awarded £345 Payable at £30 per month I am not sure if I acknowledged the debt but I may have on-line hence the £30 per month payment - it says on the CCJ that - You have made an offer of payment. On the Final CO it says I didnt attend court - although I am fairly certain I did. The first payment on THe CCJ was due 15 AUG and the Interim CO was pushed through on 12 Sept for hearing 17 Nov Based on one missed payment. They also misstate the Judgement date throughout being 23rd July and not 24th July. I have never received any paperwork from DG between the CCJ and the CO to setup a payment plan. I think its absolutely disgusting that for the sake of £30 they can turn an unsecured loan into a secured loan - talk about sharp practise:x

Interesting point that one - should I approach the court and ask for any copy documents they may have. But I guess as this was the bulk court they wont have submitted any. However I have an interesting thought, I remember reading somewhere that even after a CCJ the creditor can add charges and interest if it is within their terms and conditions - I could be wrong about this. But wouldn't that give us a tremendous power case for a set aside as we have not been supplied with a copy of the CCA so therefore we dont know what we have agreed to in relation to further charges that may be accrued. PCD

Try to make sense of this on the POC The claimants claim is for the sum of XXXXXX being monies due from the Defendant to the claimant under a regulated credit agreement between the defendant and GE Capital Bank under reference XXXXXXXXXXXXXXXX and assigned to the claimant on the 21st May 2008 notice of which has been given to the defendant. Now the Court papers are dated the 28th May - how would it have been possible to: a. issue me a notice of assignment b. issue a default notice c. Terminate the agreement d. issue a court summons All within 7 days ????

Not yet but it has worked on a couple of others. PCD

June Last year No but did admit full amount and applied for low monthly payment.

CCA'd Howard Cohen fobbed me off first time but the in default letter got them going. Sent me the CCA for B&Q card - you will notice by the way how quickly you get a valid CCA back and how little grief you get as well. Well it was a valid CCA i'm afraid however there are a few anomalies: 1. The date of my signature is exactly the same date as the GE Money signature. 2. They have sent me the "Original" Terms of the card. I thought I had better check their POC - (obviously I want to get this CCJ set aside) Firstly they say that they sent me an assignment which I have never had. Secondly they say that they have sent me a default notice that I have never received. Thirdly they say that they are claiming interest pursuant to clause 7 of the agreement which in fact refers to "Statements". Fourthly the balance owing seems to have increased rather than reduced even though I am making payments to them. In the Additional Conditions this is clause 6. Sooo I am going to draw up a SAR tomorrow and get all the details they have hopefully without the default notice and LOA So when i have the statements I know there will be penalties on them that will make their POC incorrect plus the clause 7 error and the fact that I didnt receive either the notice of assignment or the default notice. Do you think that is enough to get a set aside?

Could someone cast their eye over the letter I intend to send to one of the banks re zeroing balance for unenforceable application form. http://i558.photobucket.com/albums/ss25/pussycatdoll_01/unenforceableletter.gif Thanks

Well done J post a link to your thread so I can see the steps you took to get the set aside. I have a feeling also that DG Sols arent going to be able to produce a CCA. My experience so far is that if they have it they flaunt it. All the best PCD

OK decision made going to send non-compliance letter supplied by JohnnyMitch I am also going to send the £10 and SAR in the same letter. This is the same approach that I am taking for my Mint thread. The good news is that its all going to be paid for by RBS who have just refunded me a PPI claim sent out in Feb. Thanks for all your help so far chaps we're gradually winning the battle.