Cantona55
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As i'm a newbie i'm not sure how to check the enforcability of the agreement. I have looked through and can maybe see a couple of points that may be don't match up with the CCA 1974 but don't know whether to try to settle out of court if it looks like my agreement looks legit. Any comment would be appreciated, thanks, Jon
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I have sent the request for information and all they have responded with has been the copy of default notice and the 4 page credit agreement and terms and conditions. Plus a load of copy statements. Not sure why I would send another request for information off as what else would I need? I have the SJ on 9th of November. I am not too worried but at the moment I have no idea what kind of case I would try to make in court. Thanks, Jon
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Thanks for replying, when looking in to whether to send a CPR 18 or CPR 31.14 I decided to send the CPR 18. As in the above document. They have now sent the T&C back, agreement( which is one page with very little information ) & Copy statements. I have now done the allocation questionaire and have a notice of application summary judgement through confirming alotted time and date of court appearance. Can anybody say if the agreement is standard or are there any discrepencies. Many thanks, Jon
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I have had a blonde moment this is actually for a HFC beneficial credit card, not an abbey one. Had a funny five minutes when I set this up. I have attached file with POC. Let me know if you need any more info. POC are- The claiment claims payment of the overdue balance due from the defendent under a contract dated on or about 24/04/2004 in the sum of inclusive of interestto the date of this summons at 19.8% per annum from 17/04/09 to 12/05/2009. Particulars a/c no-031840069145 Date Item Value 17/04/2009 Default Balance 17/04/2009 Collection charge Post refrl Cr Nil 12/05/2009 Interest Total: Together with - Interest pursuant to contract at the rate of pence per day to the date of judgement or sooner payment. Thanks, Jon POC JJ.doc
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First I like to say thanks to everyone who has taken the time to post info on all the treads I have read. I have learnt loads from all these cases and have helped get my up to the point that i'm at now. I have gone through all the request credit agreement etc and have now recieved my court date through on 9th of November09. They have sent an agreement through. 4 page doc, with my signature + terms and conditions from when I applied for the card. The card was applied on 22nd of April 2004. I have no idea if the agreement can be pulled apart so was looking for any pointers on how to start to build a defence and whether the agreement looks water tight or not. I will up-load the agreement asap, abbey have sent through all old statements....should I post any other info. Thanks so much for any help Jon
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