Thanks for the vote of confidence. Its much appreciated. Without Cag I would probably be laid in a doorway under a cardboard box with the **** taking every last penny. Just looked at my SAR they have had over 10k in interest since I took the card out in 2001, make no wonder I cant pay it off. And I know its my own fault, I have spent it, but was I not wise as to how they operated then. Thanks again

Hi Babydoll, I wish I wish lol. But knowing my luck they will want a fight. Got my teeth into this one now, Ill fight till the end. There is no way im giving up after the year of grief ive had from them. regards

Hi, Received a letter from Northampton today saying they acknowledge receipt of my defence and the claimant has 28 days after receiving a copy of my defence to proceed or the case will be stayed. I guess I just have to wait and see what they want to do.

Thank you Vint for your reply its much appreciated. Dont know what I would have done without Cag. Just panic set in last week due to time scales. thanks again

Thanks for that Andy, Its all getting a bit clearer now after hours of reading. Just have to wait and see how they react to terminating before giving enough time to remedy. From what ive read a brief defence to the brief poc, then go into more detail when aq comes thanks again really is apreciated

Hi, well defence submitted, short sweet and to the point. What will happen next ? What do I need to prepare for next course of action

Hi, gentle bump as I only have a few days left. Just about to write something along the lines of what citizen b has advised, Do I need to go deeper into it or would a brief summary be surfice for my defence? thanks

Thanks Middenmess, would love a little advice from dd or vint but I dont like to pester and I was waiting and hoping cb had asked them to look in. Trying my hardest to work this out but the more I read the more confused I get. I just dont know where to start and dont want to state anything that I should not. Thanks for looking in, its really appreciated

Hi, I have one week left to build a defence. Can this just be wrote in a normal explanation ? Checked the date of default notice and it appears to be a monday by my calculations, this won't make a difference will it many thanks m

Hi, Thank you so much for your advice. From what I remember this was an online application from 2001 if thats any help. Regarding the defence, can this be written in normal words so to speak or would it have to be written in law terms thanks

Hi, Just a gentle bump as time is ticking away, Could anyone give me a bit of advice please

Hi Thanks for your response. I will try to explain the situation of events the best I can. From the begining of last year the company I worked for announced that my pay would have to be reduced due to the credit crunch and there was a good possibilty of redundancies throughout the year. May last year I found out that there was going to be an unexpected new arrival to the family which made me look into my finances a little more deeply due to the threat of redundancy. After looking at my credit card statement for May I noticed that the APR had rose to 23.95% for purchases and 29.95% for cash advances. I previously never looked as I assumed its was 10.8% for the life of the card, which I was led to believe when I opened the account. The balance was about 12k, and I noticed the monthly intrest was around £280. Due to the threat of redundancy I approached the bank to see if they would stop the intrest for a few months to try and sort out my finances a little. This was in May 2009 but I dont remember the exact date as I didnt keep any records then. I was advised it was not possible to so as there were no arrears on the account and I was still in work etc.. Basically fobbed off. This is when I came across CAG. After reading peoples threads I decided to send a cca request to see if my agreement was enforcible or not. On the 3/06/09 I sent a cca request and a sar request. On the 10/06/2009 I recieved a reply with the previous and current terms and conditions ( which looked like they had just been typed up ) and no agreement. My initial Idea was to see if there were any unfair charges applied, In hope that I may be able to claim these back Due to no agreement being sent I placed the account in dispute on the 15/06/2009. 06/07/2009 recieved a copy of agreement which had my signature on but didnt seem to contain any of the prescribed terms and when I looked at the intrest rate it said 10.8%, no where does it say variable. After posting the agreement on cag, someone also noted that the terms and conditions printed on the reverse did not seem to match the page I had signed as the codes did not match and there was two paragraphs about cancellation rights that seemed to differ from each other. 15/07/09 I sent a letter stating that there were no prescribed terms on the cca. Sept 09 Due to money being tight and the account in dispute I cancelled payments on the card. This is when I started recieving up to 6 phone calls a day. After advice from here I sent a letter on the 10/09/2009 stating account was in dispute and for them to contact me in writing only due to frequency of calls I considered it harrasment. 16/08/09 received a reply stating they have supplied me a signed statement of account and terms and conditons. And although there is no requirement under section 78 to provide a copy of the original signed agreement, They now enclose a copy of this for my records (same cca as before). It goes on to say they can confirm the reverse of the agreement contained the prescribed terms required, and can be proved by the documents they sent me previously. to which I dont believe they are the same document. I then just kept ignoring the nuisance phone calls every day. (Dated) 26/10/09 I recieved a default notice posted second class giving me until the 16/11/09 to remedy the default. Managed to keep in work for a while and was made redundant 1st nov 2009 7/11/09 (Dated) I recieved a termination notice posted second class saying the account has been terminated and will be passed on to a debt recovery agency. From the 24/11/09 I started recieving demands for full amount from Albion collections, Blair along with phone calls so I sent them a bemused letter 04/01/2010. 26/11/09 received letter from halifax saying an agent my call at my house and they would charge me £21.85 for the privalige. Someone did call and tried to get me to speak to hailfax, which I refused but I cannot remember the date. On the 02/06/010 recieved a Letter before action which I replied to stating the account was in dispute and I intend to defend vigorously. recieved a reply 23/06/2010 stating they do not feel able to agree with my complaint. Sending same typed terms and conditions and agreement. It also stated that if they did not hear from me within 8 weeks they would close the file. Then on the 08/07/2010 I received another Notice of legal action letter, to which I was going to reply to and point out my complaints, but was advised not to before going to court. Then Dated 01/09/2010 received clam form from northampton. Sorry for such a long winded post, I am trying to explain the situation as best I can Hope this helps and is not confusing regards P.s here is agreement and default notices http://i386.photobucket.com/albums/o...reement1-1.jpg http://i386.photobucket.com/albums/o...reement2-1.jpg http://i386.photobucket.com/albums/o...0/dnotice1.jpg http://i386.photobucket.com/albums/o...0/dnotice2.jpg

Hi Andy, Many thanks again for all your input. I have found statements from my original SAR request last year, so as you said previously should I not send CPR 18 and 13.14 ? I am really struggling in building a defence but I still have 3 weeks, keep going round in circles with the things I keep reading . I know my defence points but I am useless at writing in court terms. thanks again regards

Hi Andy, I suppose I need nothing. Im currently looking through my Dsar and cannot seem to find a default notice or termination notice sent, even though I have them. They also have not sent any monthly statements, when they have for my other account. Should I just prepare a Defence. Sorry if I seem a little wet behind the ears, just never done this before regards

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Hi, Could someone tell me if I dont need to do a cpr request what would be my next move regards county court. Dont know much about the stages, will I receive something from the claimant or do I just start thinking about a defence ? thanks again

Hi, Thanks for advice BD. Sorry for delay in answering but my daughter needed to do homework on computer. Regards background Andy, Was made redundant the end of last year and spoke to Hbos on phone straight away and asked for help regarding Lower payments as I could not afford repayments. Quite bluntly they said no as more or less pay up or I could end up losing my house. With an unexpected new arrival in family things got even more tighter. So after looking at Cag, I sent off a cca request and Sar. The big thing that bugged me to start was when I first took out the card I was told the apr was 10.8% for the life of the card. After taking my head out of the sand and starting to deal with the situation I realised that the apr was 20 something percent which meant the money I was paying was swallowed up in interest. Then when cca arrived It didnt look enforcable so I put the account in dispute. 2 Months later the Default notice arrived and before I had the option the rectify a Termination Notice arrived along with letters from Albion Collections and Moorcroft. Sent Dca's a bemused letter stating that acc was in dispute and was bombarded with calls 3 or 4 times a day, everyday. Then Lba arrived to which I responded with the letter in my previous post. Hope this clarifies a little regards

Hi Andy, Thanks for your advice. Firstly balance is over 5k. I requested cca and received the one in the link earlier in the the post which does not have t&c's on and a I am dubious as to the t&c's printed on the other side as these dont seem to come from the same document. Then I put the acc in dispute 2 months later DN arrived Then TN arrived not giving enough time to remedy both are in links earlier in this post, plus the usual letters from all the various DCA's Everything has been kept including envelopes. Full Dsar was also sent but no mention of DN and all it says letter recieved from me on said dates I know my arguments just struggling to put it in law terms to make a defence. Plus I think the poc is a little vague to me a layman. Any help greatfully recieved and thank you regards

Hi, Maybe your are right regards property and work, I am working but had to go self employed after redundancy at the end of last year which is why im in this state. I am just about managing to keep my house and household bills this is why I asked them for help but to no avail. So be it play it their way and fight thanks again

Hi, Thanks for the reply. Card was taken out in 2001 and I recall subbing to your thread and reading with intrest as we both seem to be in the same boat regarding cca's. Looks like they are hoping I will cave in, but they are going to have a fight on their hands. I just hope someone can help with regards court dedlines and I will need help to file a defence. Done so much reading today my eyes hurt. My account only been in dispute 13 months so your doing well so far. Good luck babydoll and thanks for your post, And if I can help you in anyway please ask

Hi, just a quick update. Received a letter from Northampton yesterday regarding my Gold account, I intend to defend all. I have a thread in legal issues regarding this and would appreciate any advice from people in the know. The link is http://www.consumeractiongroup.co.uk/forum/showthread.php?262992-Halifax-and-Notice-of-Legal-Action%281-Viewing%29-nbsp I need as much help as possible to beat these ****. Thanks again

Hi, After a lot of reading I think I need to send off CPR31.14 and CPR18. On the claim form from Northampton the Claimant is Bank Of Scotland but in the box underneath it says Address for sending documents and payments which is Collections and Recoveries, could someone please tell me who I should send the CPR requests to. thanks

A gentle bump with full poc. The claimant's claim is for xxxx presently due persuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto. By an agreement dated xxxx the defendant has an account number xxxxx with the claimant. The defendant has failed or delayed to adhere to the terms of the default notice issued by the claiment under the terms of the consumer credit act 1974. the balance due as at xxxxx on said account is xxxxx. please help I havent slept all night thanks

Hi, I have completed Acknowledgment of Service using Mcol and I am defending all of the claim, The issue date is 1st September 2010. I am now a little bit lost as to what to do next, obviously regarding CPR requests etc etc Could someone please please point me in the right direction Thanks again

Hi, Been a while since ive heard anything and today I have received a claim form from Northampton CCBC. I have never filled this form out before and would appreciate some help as to what to fill in. The Poc states that I have failed or delayed to adhere to the terms of the default notice issued by the claiment under the terms of the comsumer credit act 1974. Could someone please help as I am really worried now Thanks in advance