Hi SFU Many thanks for taking the time to reply - you really helped me out by dialling into the salient points - brilliant stuff. Kind Regards MW

Wondering if anyone could keep me right here. Summoned for a defaulted credit debt. I defended in court and counterclaimed for refund of charges and interest etc. At the hearing, the other side motioned to sist - I agreed. Today they have just written to me saying they propose to dismiss proceedings with no cost due to either party:-) 1 My Counterclaim is £1700 more than what they are claiming from me in their summons - are they proposing to just call it a day and scratch the difference? 2 Should I request a motion of absolvitor? Any help most appreciated, a bit unsure on procedure this part.

Hi Ref your Bank of Scotland account, did you have an authorised pre arranged overdraft facility? If so, there may very well be issues for them under the Consumer Credit Act 1974, I am have been through all this and summoned in sheriff court so am pretty well up on a good argument to fight this. Cheers

Both Cheers

Hi As far as I am aware Experito, are not in any way owned or a subsidiary of MBNA, so I think they will be a tad dissappointed at having bought another (likely) unenforceable dud. Cheers

Hi Wondering if anyone can have a look at my draft defence, date is quite soon. Apologies, had to delete, had my pleas in law incorrect, will re post

Hi Toker The Consumer Credit Act 1974, for running account agreements, contains the direction under Section 78(1) that the Creditor is under an obligation to supply the debtor a copy of the executed agreement. There are regulations they have to adhere to regarding the form of the supply of the agreement, but initially just make the request and see what happens. You should not sign the request letter. Alternatively use a digital signature, or sign the letter in a totally one off manner which would identify the signature as a one off ie with lines under and over it, crosses above or below etc etc -basically to identify the signature if it materialises on another document... Cheers

Hi Seriously and BRW Many thanks for your input on this, you have really given me alot to look into and consider - brilliant. I will get a defence together based on what I think is crunchy and see what you think. Cheers for now

Hello All Wondering if any one could help me, problem with an impending court summons, attempting to get a decree - I want to fend off against possible bankruptcy at all costs own my house and have (some) equity. Ran into difficulties last year, contacted cab and entered into a prorata payments to all creditors, maintained ever since no probls. One of the creditors is an Overdraft with bank which had for at least 10 years or so, out of the blue, they have got snotty and sent the wolves in. 1. I think they do not have Exemption from Section V as they did not send the terms of the interest within 3 months as per OFT exemption - but then I read on the forum that all the bank has to say is that they sent the letter and the sheriff would agree under balance of probability. Does anyone have any thoughts on this being a pointless argument? 2. Does the lack of signed agreement carry any weight with an o/d? 3. There are loads of Default charges on the account, can I make a counter claim now that the test case has saved the banks bacon? 4 They sent a "NOTICE under section 76 and 98" requesting the balance and 28 day intention to file a default...... However, the cover letter for the "NOTICE" says "please find attached default notice". Then they officially terminated - any thoughts that they terminated incorrectly as 76 + 98 for non default situations? And they stated her eis your default notice - should they have used s87, as they are saying it is a default situation? (I see that this is a current live issue) 5 I suffer from poor health and am on benefits only, should I use this as defence that they are being heavy handed by not accepting my payments set up by CAB and going for a decree? ie they contacted CAB a couple of months ago and requested that unless I increased my payments to £50 per month they were going to push ahead with court action. (presently paying £5 a month. Bit of a lengthy post sorry, but any help at all would be appreciated Many Thanks

Well put. I could not see the wood for the trees for a while there Many Thanks

Brilliant thanks. I will accept their unlawful rescission, this would not prejudice my defence as I am going to defend on an unenforceable agreement? Also, is there any other case law where the invalid DN has sunk the action apart from Woodchester?

Hi Wondering if anyone can help me. Credit card default notice issued which requested arrears - not full balance, but DN is invalid owing to failure to provide no less than 14 days to remedy. I have now received Court Summons. I am going to send them a letter telling them to sod off owing to the invalid DN, unlawful rescission. But.....If the default notice is invalid, can it be stated that the agreement is actually terminated? ie can they not just issue a correct DN? Any help much appreciated, short timescale on this for me.

Thanks again aa, I have given A + L 7 days. I can't believe there is not more jumping up and down over this on the forum, there must be more than 2 caggers waiting for protracted refund from A+L? Do you think I should start a specific new thread inviting people to share their payout experiences (or lack thereof)?

Recently I had the same response from A & L regarding refund of PPi money,was told it was all up to the cheque department when they release payment. I could not find any other threads apart from Ronvin's post which appeared to be approx 19 days from posting acceptance to receiving payment. Anyone have any additional info??

Hi aa Many thanks, you are a star. Aha,(in a non Alan Partridge sense...) yes, that all makes perfect sense now. If they did to pull a fast one - I will use that argument in no uncertain terms, also ask for clarification as to them apparently considering the present agreement and the previous closed loans/ppi policies all one agreement........all irredeemably unenforceable and the present one too... Once they settle I will post the whole claim story in the success section as it will be good ammo for other caggers to draw on. Hopefullly, factor 16 on standby..... All the best, thanks again.

Good news on a PPi refund claim process with A+L. Hi I Had a few topped up loans with A/L over the last 6 years with PPi included. Have a loan running with them just now - without PPI. Made claim as self employed etc.......Eventually (10 weeks) they have stated they are not able to confirm if i got the correct info etc and have made me a refund offer + interest. Formal Offer acceptance form states I must specify who chq should be made paybale to address etc. However, could they actually use this refund and reduce current loan, even though the legal offer does not mention this? Getting a bit anxious now........does anyone have any thoughts??

will let you know their next move cheers

Thanks again

You mean the oft leaflet ones they are supposed to send after 2 missed payments? Then No......

Many thanks Steven did not know that.. excellent:) We don't want a DN, if we pay the arrears if/when one arrives, will Egg DN still show on our file do you know? or, could the ombudsman tell them to reverse a DN issued while the account is in dispute?

Hi folks, just wondering if anyone has experience with egg re threats of issue of a default notice. We are 3 months missed payments with these donkeys, account is in dispute months ago with the ombudsman surrounding PPi mis-selling.Yet, true to form, egg are threatening DN to recover the arrears. Now, will the DN register on our credit file - if we clear arrears in full within the DN timescale? Any experience with their threats would be appreciated.

Yes I reckon you likely have a good few Unenforceable, duff agreements. As far as Barclaycard are concerned, they have lots of trouble with their own crap agreements, not to mention goldfish and morgan stanley agreements they bought over. I have surfed this site for more hours than I care to remember (nor would admit to) and I have never seen any caggers detailing Barclaycard going to court. Their agressive telephone collection activities as soon as a debtor misses a payment compared to other creditors are totally despicable and I despise them for treating people in such a draconian manner. If it was me, I would state any £1 payment or similar is purely a gesture of goodwill - nothing more. cheers

Morning it is £10 per individual per organisation, irrespective of number of accounts held. Yes you send a SAR for yourself and other half under a separate cover, recorded or special delivery to the Data Controller/Data process teams don't sign your letters but state clearly they have hitherto found it acceptable to send information of a similar sensitive nature so there should be no issues. To limit their ability to pratt about and stall the request - as a method of providing proof of ID - you could photocopy your driving license or other form of ID - cover over the signatures with a slice of post it note or similar I have a similar amount of debt to you, presently trying to ascertain what is and is not going to be relevant - in my case the overall figure will be lower as most of my creditiors have unenforceable agreements - therefore my overall picture is much better than I first though, hope it is the same for you guys. If you have like me, cards taken out 6 or more years ago then the chances are they just got the application form, photocopied the front cover then shredded the original application document which likely would not have had the correctly prescribed terms on anyway. They deserve to be punished, effectively they did not conduct their business according to the regulations established by an Act of Parliament, failed to inform consumers of the true cost of borrowing before entering into an agreement - If I did that in my job I would be in Jail right now..... Cheers

Thanks Diamond Girl, that does put things into perspective. Under the Consumer Credit Act, when a debtor is in default under an agreement, a creditor is required to issue you with a DN before they can demand recovery of the full sums owing, this would enable them to commence proceedings if they so wish. As I said, on many occasions they commence / threaten litigation but invariably this is a stance taken against those they presume to be a soft target on the hope of a judgement by default. If you are worried about proceedings being started - You have to acknowledge any claim within 14 days of the date on the claim form stating you want to defend ALL (if that is what you want to do)....then you get a further 14+3 days in which to submit a defence. Along with the claim, you should be served with copies of the documents the claimant will be relying on in court. If they don't supply the documents requested, you then request them at this juncture. If you have not been able to get the agreement up to this point, then you will see their cards then.... I know it is difficult, but I try to focus on things I can change, like putting the account in dispute and nailing the SAR down. Cheers for now