Is that true ODC, very interesting!!! does this mean that N of A in normal post from worst credit could be a forgery or constructed??? same from CL Finance which was back dated 4 months. Are there any implications to this.

With respect I for one believe PT and others on this thread are bringing to the attention of CAG members and the like a very important stage in the process of discovering information prior to receiving a SD (use CPR 31.16) or having received an SD (use CPR 31.14). (Hope this is right) I hope that eveyone still continues to post on this thread and then maybe one of the site team will come up with a properly drafted set of CPR requests.

Thank you for your help and guidance, much appreciated.

Hi AA99, I came across this a while back:- Civil Procedure Rules part 31.16 Request Dear Sirs Account number I write with regards to the above account with your organisation. I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker (If you have any other reasons why you need the agreement such as mis-selling of PPI Add it here) obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond) Regards xxxxxxxxxxx And this:- OK....well if you want to defend this then you need to acknowledge the claim within 14 days of the date on the claim form stating that you wish to 'defend' then you get a further 14+3 days in which to submit a defence...interesting that they haven't mentioned in the POC's the fact that you had defaulted on the account.... You could send this by recorded delivery to the opposing solicitors Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the default notice Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully They both need to be spell checked etc but its a start. lmk what you think.

Hi Pinky69, Just like to say, NICE LOOKING LETTER!

Hi sosumi, Just thought nothing was happening, doesn't feel right. Always having to do something. I will take your advice. Just for the future who would the SAR go to Halifax or 1st Credit as they have supplied a letter of assignment.

So far, 1st Credit, Barclaycard, Blair, Oliver & Scott have all failed to address my CCA requests. Barclaycard and Blair have even ignored my 'account in dispute letters. They really don't play by the rules!!!

Thank you, yes you've helped already.

Hi Duffychick, I sent my SAR to:- Barclaycard Data Protection Team 1234 Pavilion Drive Northampton NN4 7SG Good luck.

Good luck. Yes truely wonderful place.:)

Hi Dorabell, I just found this address in the Banking section, what do you think shall I give it a go as Blair are only the in-house monkeys and don't want the excuse 'I've sent it to the wrong address' lark. ADDRESS for Data Protection Act S.A.R. DSAR Team 10 Carlton Street Halifax HX1 2AL Bank Accounts - Data Protection Act Dept: 01422 3263 98 Credit Cards - Data Protection Act Dept: 01422 391 152

OK, Found this address from Banking section:- ADDRESS for Data Protection Act S.A.R. DSAR Team 10 Carlton Street Halifax HX1 2AL Bank Accounts - Data Protection Act Dept: 01422 3263 98 Credit Cards - Data Protection Act Dept: 01422 391 152 So do I send the SAR to worst credit or Halifax, can someone advise???

Yes I agree they really p*** me off, ignorant, I just think they won't / don't address our requests so they can drag it on and on because they have nothing!!! Re SAR, don't suppose there's any point in waiting but remember it needs a 10 pound Postal Order with each request and Recorded delivery, and make sure you can confirm the exact address to send it to. I'm waiting for some replys on this forum re addresses etc. Re CPR 31.16, several caggers have reported SAR requests being ignored so they are looking to go down the Civil Procedure Rules route as its really a pre court request for disclosure for all docs prior to lauching court action. I am going through the motions so its SAR for me to.

Hi Dorabell, Quick Q, did you SAR Blair Oliver & Scott or the OC? My last conversation with Blair rep re Halfax CC, the rep stated my accoun t would never go to court, so guess they will sell it on soon. Good luck.

Hi Muffintop, I've had all that bull aswell, they even offered to lump all the CC debts into one big loan and tried to convince me that I could afford 10% interest rate to!, such nice people, shame I didn't feel up to taking on a secured loan to repay non-proven unsecured alleged debts. These guys will try anything!

Hi Duffychick, Don't worry your not alone in getting no responses to CCA requests, doubt if your get any responses to 'Account in Dispute' letters either, seems to be the fashion at the moment where DCA's or OC's ignore requests. So you maybe left with going the SAR or CPR 31.16 route, still Barclaysharks even ignore this!!! Looks like the OFT is going to get busy in 2009 stacking up lots of complaints. Good luck.

Hi CAGgers, Well 42man 'account in dispute' letter was acknowledged with 'we are sorry to receive your complaint' etc. Worst Credit really go out of their way to act the idiot! So now looking to SAR only problem do I send it to worst credit are they purchased the debt from HBOS or do I send it to the OC? Can someone let me know with maybe an address for Halifax if its the OC route. Thanks:)

I've got better one's than that, we are talking CCJ, Charging Order, Enforcement action, bailiffs removing goods, bankruptcy the whole shotting match! still if they don't have a proper CCA they can take a running jump.

Your right on! it will be the nicest totally open prison you can imagine. Re OFT warning to 1st Credit. It will only slow them down for short while until they work out a get around. At least something is better than nothing, should help give a bit of breathing space to those of us at the sharp end of tackling 1st Credit. And yes keep complaining were possible!

Hi berro7, Again doesn't sound to bad to me, things keep moving forward!! I am sure given the help available you will be able to prepare a good defence, re solicitor that sounds expensive? Good luck, hopefully on the home straight now.

Hi UK26, I would just like to say I agree with restricted access, but please please be very careful who you allow in!!! this is too important!!!!!!! Remember knowledge is power.

Glad we got that one sorted, couldn't live with the guilt. Yes the CPR route does seem to be generating a lot of discussion at the mo.

Hi pompeyfaith, Abuse of process is extremely common on here, highlighted so many times! and it takes so long to rectify.

Hi slick132 Watching with interest.

Hi underdog13, How did you ask for the paperwork, was it by a CPR 31.16 or 31.14 request, just for info. If a SD does land later today or tomorrow don't blame me, its called sods law.