Hi I am looking at assisting my friend in a similar situation Firstly I've just been kindly referred to the Rankine case which I'd read first if I was you. I would recommend you make yourself familiar with the pre-action protocols CPR - Rules and Directions - Ministry of Justice I have attached a rough draft of a letter of claim I have put together for my friend. Its not finished yet and does make use of some of the wording of the judgement in the wilson case. I can not assume any liability for the contents. I am putting it up to assist you but also for any constructive criticism* to assist me in preparing a final draft. I note PT has given you the prayer for use on the end of your particulars of claim which you will need to send with your claim form when you (if you) issue proceedings. Let me know how it goes. loc 19.07.09.doc

Thanks for that, I've spent weeks reading up on this but of course I still have a lot to learn. Ok I've had a scan of the judgment which makes the point at paragraph 15 that a debtor can not make an application under s.142(1)(b) unless the court could be invited to make an enforcement order. (not what the act says however...) It then says that because the creditor failed to produce the agreement under s.78 they would not be in a position to ask for an enforcement order and so the debtor couldnt seek a declaration that the agreement is not enforceable. I think I'm still going to send the letter of claim I've drafted regards a s.142(1)(b) declaration which I've drafted. This should adequately satisfy the court that I've met the criteria to then make an application for pre-action disclosure of the agreement under CPR 31.16. Then the court should (as opposed to will) order Cap 1 to produce the document. If they can't they'll have to admit they dont have it or if they do, and the agreement is improperly executed, as I suspect from the letter re "typing error", then I can make a s.142 (1)(b) application for a declaration. Wishful thinking I know but is the theory flawed in your view?

Has anyone tried to seek a declaration under the above section of the CCA? I was thinking of giving it a go, Capital One Credit Card, they will not produce a signed copy of the agreement despite having written to advise that the original contained a "typing error" and stating that the replacement (which they aslo failed to enclosed) applied instead. I'm guessing that the orginal failed to comply with s.61. If anyone has applied under s 142(1)(b) I would welcome any input.