How did you get the loan? I think you may have mentioned it before but I can't seem to find it. Did someone come to your door and offer you a personal loan or did you fill out an application and sent it?

My interpretation of the current law is that i) the companies still have to fulfil s77-79 properly (true copies suffice, but still need to provide statement of the account, etc), and ii) once an action against debtor has began s77-79 requests cannot stop it (although it is difficult to see how an action can succeed without a copy of the agreement).

What grounds did you put?

If they've not sent you a proper termination notice, they can kiss the debt goodbye, pretty much...

Well, how much (time and money) do you estimate you spent dealing with Fredricksons? This has to be a realistic and not fictitious amount (i. e. you can't make a profit). Write to them something along the lines of: Your ref.: XXX Dear Sir/Madam, as a direct consequence of your pursuit of the allegations that you have failed to substantiate, I had suffered liquidated and incidental losses. At this time, I estimate these losses to be valued at £YYYY. I demand that you compensate me by making an indemnity payment of the above sum no later than (date at least 17 days of you posting the letter). Should you fail to satisfy this demand, I may pursue this cause through a county court without a further notice, in which case you may be liable for additional costs. I look forward to hearing from you. Love and kisses, sapphirey1966

That means that you can now write a letter to Fred. demanding compensation of direct and incidental losses...

I wouldn't elaborate much - let them try to come up with some excuse as to why you owe money; the statement clearly says the amount has been written off. If Carter & Co want to chase their own tail over it, let them...

Hope they had a good reason: Richard Buxton (a Firm) v Mills-Owens

The order is not "imposed" per se, as far as I understand, the order would only make a third party party to the agreement... Of course if the Termination Notices have been served, the scenario is different - there is no party to attach to a contract that is already terminated, so you really need to discuss this with a solicitor who knows their way around CCA

That is my interpretation, yes.

Depends on the circumstances, and your solicitor should advise you on those. In essence, yes, but it would not be for a CCJ, just an order enforcing the agreement against named parties.

Creditors cannot do anything unless explicitly permitted by the court - CCA 1974 §86

I think you are confusing judgment as a result of debt and debt as a result of judgment. A once a judgment debt is entered, if 2(3) is met, the claimant would not be entitled to any interest on the entered amount. However, the amount entered can contain original debt + §69 interest up to the date that the judgment is given.

The statutory instrument precludes the courts from awarding interest on judgment debts not on debts themselves if 2(3) is met.

If the termination notice is sent on date A and the judgment is entered on date B but you don't pay up till date C, the period between A and B can carry interest, but not between B and C but only if criteria in 2(3) is met.

Does it resemble anything that you could've signed?

Have Egg already defaulted you on that and sent you a termination and "pay up" notice before that?

Why would you give away something that you can use to get a summary judgment against them if they ever took you to court? It seems that a lot of people here don't appreciate that a court action revolves around strategy as well as facts and law... For example, Carter decided to take me to court over some debt by issuing a claim in winter, so far I've not even filed a defence, as I've put in an application for summary judgment and already had agreed to an adjournment for hearing so they can sort themselves out... Carter & Co, in their haste, have already submitted three conflicting statements and different versions of contract with none of them matching... Just say the agreement doesn't appear to be enforceable under §127 of CCA 1974. Let them worry about it.... Remember, if they ever take you to court, they have to prove the allegation, unless you explicitly admit it! PS: if it ever got to court, you can always dispute the document they claim is an agreement, as there can be no conceivable reason why the front of a document would have horisontal crease marks and the reverse of allegedly the same document have vertical crease marks...

I wouldn't file a defence yet, just send the solicitors a letter saying that their statement of case discloses no cause of action in fact or law. Then say you invite them to properly plead their case within the next 14 days, should they fail to do so, you will be asking the court to strike out the claim under CPR Rule 3.4.

just delete the attachment there should be an option in your scanning software to save as jpeg instead of pdf

I'd pull the following: Dear Mr Carter, Further to your letter dated XXX and information provided therein, the statement of account clearly states the final account balance is zero. Thus, no further payment needs to be made. I trust your pursuit is a result of an administrative error and this is the end of the matter. Sincerely, ZZZ ====== wait to see what they say, then send them a letter demanding compensation for your time and wasted costs

you probably don't want to just lay a box over the text - your details are still there and are copyable... better delete those posts and redo them as jpegs executed agreement = signed agreement, c. f. properly executed agreement = signed agreement in a correct form with prescribed terms

Like costa says, the first thing to do is to send off acknowledgement of service to the court. What is the date on N1 form?

geriann, just going back to the beginning, I presume you signed some form of agreement when you took out the loan? Did the agreement have a cancellation notice? Before you were started being pursued by the debt collectors, did you ever get a default notice followed by termination notice?

So, just to check, the account is not for a separate company, but for yourself in a self-employed trader capacity? And neither the bank nor the solicitors have provided you with anything bearing your signature?