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About consumerchicken

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  1. Well that's good to know - I'm still not sure what to do - will have to ask for more time as a start
  2. I think I've made a right mess of this - the paperwork I have to hand in tomorrow is supposed to be preparation for the hearing and not a revised defence. I pleaded embarassed defence to get the documentation, then for the AQ submit a revised defence saying the CCA was an application form, not understanding that it was in fact an enforcable CCA. So right now I only have the option to write a witness statement - that is not a defence? I cannot mention in there that the Default is invalid etc?
  3. Thanks CB, I can do that tomorrow, but I don't actually know what I'm getting the time for, am I just delaying the inevitable? i definitely don't know what I'd be negotiating for? so far the only argument I have is that the default I have refers to a term that doesn't exist
  4. Hi CB - I don't quite understand - does this mean DN is invalid? we have been talking about the recontructed agreement - this has never come from cabot just from sainsburys - the reconstructed agreement is the same as the terms on the application form/agreement that cabot have sent.
  5. Does that mean the default notice is invalid/incorrect? The default notice refers to clause 2.2 of 'terms and conditions', but neither document is called that (or states that) , is this relevant? The document is called 'Credit Agreement Regulated by the Consumer Credit Act 1974'.
  6. Hi CB - thanks for your help. I think the DN I have is all ok - only thing I can see wrong is that is points at clause 2.2 which is not on my original CCA/application In the reconstructed CCAs they have sent me, there are 2 versions, on the newer terms 2.2 are details of minimum payment. DN is here http://i938.photobucket.com/albums/ad222/consumerchicken/dn1.jpg http://i938.photobucket.com/albums/ad222/consumerchicken/dn2.jpg I think I'm shafted! can't find much on that case - will keep looking!
  7. Sorry cancellation docs with which document? Currently I have no argument! I have DN as sent by Sainsburys - I can upload it but I'm not sure what could be wrong with it - I'll scan it in - I'm sure in Cabot's witness statement they don't even mention sainsburys DN
  8. so basically I haven't got a case with the CCA? I don't want to give up without a fight in their AQ they have also provided some mock up info with regards to the Default notice and provided a representation of NOA have I got any other choice but to submit?
  9. The application form was produce with the claimant's AQ as an enclosure The reconstituted agreement was what sainsburys sent me in 2009 and I put account in dispute then. So the agreement is enforcable even though it does not contain a credit limit?
  10. Morgans have put in their AQ the application form I put in my AQ: I have requested a valid copy of a Credit Agreement, whichcomplies with the consumer Credit Act 1974 and all subsequent regulations,which the claimant seeks to rely upon. The claimant has sent me a copy of aCredit Card application with their N149. This is not a valid Credit Agreement, containing all ofthe prescribed terms, I request the Claimant produce a valid agreement. The issues outlined below are the crux upon which thisclaim rests, without production of the requested documents, I am at adisadvantage an
  11. POC - The claimant is the assignee of a debt from sainsburys - Credit ref xxxx. Notice of assignment having been given to the defendant in writing . despite demand for payment £x remains due. the claimant claims £x and interest under s.69 county courts act 1984 I filed (thanks PT): I am defendant to this claim and make following statement The claimant has not provided any assertions or cause of action in his particulars of claim it is merely their version of facts which are inconclusive and factually incorrect in places. it is averred the claimant has failed to state on what basis on
  12. I know I've left it late. I've been writing letters myself. But when I received their folder on Saturday with witness statements etc everything seemed a little daunting so I thought I'd better ask for some help. I have all info in front of me and will try to summarise the story so far:- June 09 Lost job - sent letter to saisburys asking to freeze int and accept token payment June 09 CCA request June 09 Sainsburys acknowledge my letter and cancel direct debit - but ask me to make future payments by alternate method on due dates July 09 Reconstituted agreements arrive from sa
  13. The POC hasn't been ammended. they have included this application form in their AQ
  14. application is on it at the top of page 1... Before making an application by post please ensure you and any joint applicant have read and agreed to the customer declaration and data protection act notice above the signature box on this application then first section is titled: Our application requirements Top right: Failure to complete all sections of this form may delay acceptance of your application I've got a feeling I filled this in with one of those canvassers at a sainsburys supermarket
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