Thanks Andy .. What is CCBC? (I take it it's not childrens TV)

Received the following in response to my CPR31.14 request. This is the first time I have been informed that 'they had not been able to locate it' (the agreement that is), I assume as per their last sentence I need to file a defence at court. http://i597.photobucket.com/albums/t...DGsolic1-1.jpg http://i597.photobucket.com/albums/t...n/DGsolic2.jpg Could someone please walk me through what I need to do to file a defence. Thanks gb

Received the following in response to my CPR31.14 request. This is the first time I have been informed that 'they had not been able to locate it' (the agreement that is), I assume as per their last sentence I need to file a defence at court. http://i597.photobucket.com/albums/tt51/greatburdon/DGsolic1-1.jpg http://i597.photobucket.com/albums/tt51/greatburdon/DGsolic2.jpg Could someone please walk me through what I need to do. Thanks gb

Thanks diddy and yes F DCAs that would be a sweet day!

Just to clarify diddy. Re-send the same letter previously sent but add the sentence in your post? gb

Triton services are still sending Payment Demand letters despite me sending them the letter below. How do I follow this up? Triton Credit Services PO Box 5827 Basildon SS14 1XS Your Ref: ACCOUNT IN DISPUTE Dear Sir or Madam, Account number I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Nat. West. Bank Plcand has been since 1st June 2009. This is a breach of OFT collection guidelines and the Data Protection Act 199. Nat. west. Bank Plc confirm in a letter to me dated June 12th 2009 that they are unable to locate an executed Consumer Credit Card Agreement for the above account. As Nat. West. Bank plc are now in default of OFT Collection Guidelines and in breach of section 10 of the Data Protection Act; I consider this account to be in SERIOUS DISPUTE. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to Nat. West. Bank Plcfor resolution of these defaults and breaches, as Triton Credit Servicescannot lawfully pursue any enforcement activities. If Triton Credit Serviceschooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guideline. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours Thanks ... greatburdon

Thanks ODC, Fed. Man. did not turn up as they stated to the creditor "as a debt collection agency they were not entitled to attend the court". The creditor did attend but had no clue as to the statement made on 'his' statutory demand ie. the bogus cheque. greatburdon

Thanks for all your responses. The SD was set aside and although I scheduled for over £300 costs was awarded £100. Unfortunately I had a 'reasonable' judge who saw their claim as a mistake instead of the malicious attempt that it was. greatburdon

Thanks Stephan. Still seems odd that they confim to their customer that the alleged debt is to be 'written off'. Do I respond to this letter, or just wait for their next move? GB

Received this letter: http://i597.photobucket.com/albums/tt51/greatburdon/abbey8Oct.jpg They state that the account will be written off as a bad debt at the end of this month and then go on with their threats that they will persue several recovery actions. What is the position after it has been written off as a bad debt ?(presumably so they claim tax relief or an insurance pay-out) Does it strengthen my case? ... Seems odd to me. greatburdon

Received the following in response to my request for a legible copy of the agreement: http://i597.photobucket.com/albums/tt51/greatburdon/Hsbcillegible.jpg http://i597.photobucket.com/albums/tt51/greatburdon/Hsbcillegible1.jpg http://i597.photobucket.com/albums/tt51/greatburdon/Hsbcillegible2.jpg As this is not a legible copy of "my" signed agreement where do I go from here? greatburdon

Thanks for that ... I am still unsure what to do. Has this been properly served ( I recieved it through the post) and therefore do I make an application at court using forms 6.4 and 6.5?

Thanks guys -- Much appreciated.

Can i just clarify that I acknowledge service now (which I have just completed online -- so that is done!). Do i wait to file the defence when/if I get a response to my cpr 31.14 request? GB

Where it says 'This demand is served on you by the creditor' is the name of the creditor (I removed the name for obvo reasons) http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr2.jpg

I have been made aware that they monitor this thread, but as I do not owe this alleged debt I am not bothered, just want to make sure that I respond in the right way.

I have no direct relationship with Federal, they do not own the alleged debt.

Was delivered by post 42man.

It would appear that this is a dressed up Statutory demand and therefore I need to apply within the 18 days for this to be set aside. Can someone please advise what I need to do as far as giving the grounds for set-aside are concerned. Greatburdon

Thanks PGH ... Who/where do I apply for a set-aside and on what other grounds? I have just attempted to speak to the individual named on their notice but he's out to lunch. GB

I have now received a summons relating to an alleged credit card debt. All that I have had in response to my CCA request is a blank form and reams of terms and conditions which may or maynot be applicable. http://i597.photobucket.com/albums/tt51/greatburdon/Hsbcsummons.jpg In the POC it refers to a default notice that I am unware of. As this is my first journey could I ask what steps I now need to take? Greatburdon

Received today a "proposal" for bankruptcy from Federal Management as follows: http://i597.photobucket.com/albums/t...FedMan5Oct.jpg http://i597.photobucket.com/albums/t...pforbankr1.jpg http://i597.photobucket.com/albums/t...pforbankr2.jpg http://i597.photobucket.com/albums/t...pforbankr3.jpg http://i597.photobucket.com/albums/t...pforbankr4.jpg http://i597.photobucket.com/albums/t...pforbankr5.jpg http://i597.photobucket.com/albums/t...pforbankr6.jpg They state in the particulars of debt that I provided the creditor with a cheque that had been dishonoured which is absolute garbage. I have never done so, the creditor paid for my services and that was the end of, no refund, no amount due. Anyone seen anything like this? It states that 'if you dispute the demand in whole or in part you should: contact the individual (or one of the individuals) named in part B immediately'. I assume that is what needs doing as this obviously is not at a court stage just the 'proposal' stage? greatburdon

Received today a "proposal" for bankruptcy from Federal Management as follows: http://i597.photobucket.com/albums/tt51/greatburdon/FedMan5Oct.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr1.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr2.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr3.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr4.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr5.jpg http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr6.jpg They state in the particulars of debt that I provided the creditor with a cheque that had been dishonoured which is absolute garbage. I have never done so, the creditor paid for my services and that was the end of, no refund, no amount due. Anyone seen anything like this? It states that 'if you dispute the demand in whole or in part you should: contact the individual (or one of the individuals) named in part B immediately'. I assume that is what needs doing as this obviously is not at a court stage just the 'proposal' stage? greatburdon

Thanks Vint, i obvo did not read the thread properly. Just trying to clear the head and plan a course of action. greatburdon

Hi Vint, That thread relates more to PPI although i still hope to win this case.