POC (posting for notes) The claimant's claim is for the sum of xxxx being monies due from the defendant to the claimant under a regulated credit agreement between the defendant and HSBC bank plc under reference xxxxx and assigned to the claimant on the xxxxx of xxxxx notice of which been given to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87(1) of the Consumer Credit Act 1974 The claimant claims the sum of xxxxx

Does not need any CPR18. No CCA (default there) Faulty Default Notice (default there) No properly executed letter of assignment (default there) Any of the above will get a strike out. Join them all together in a statement to a Judge and guaranteed a strike out on the basis of "No chance of any possible success".

Question: You were asked to give what the particulars of claim is. On the claim form (N1) you got from the Court it should have the Particulars of Claim. What does it say? e.g. This is a claim for money owed by the defendant bla bla bla bla.............. Once you give me that information I will draft you a statement. IMPORTANT: Understand the wording "draft". It is up to you whether to use it, amend it, or whatever you may wish to do. (In short, you have to decide whether to accept it or not).

Reading at the moment that walton v rbos thread to see why it was suggested to read it. How many days have you got left?

Ok. Let's start them one by one. 1: Tomorrow contact your local county Court. Tell them that you have a case ongoing and give them the case number. Ask them for advise on how to get it changed to your local county Court. (Otherwise what are you going to do if you need to attend any hearings?) Make sure to ask them also what is the latest date you have to file a defence. (Very important). 2: It is strange that you say you got a letter from the bank and a letter from the DCA and they both have the same date. Also it is strange that they both have the same identical mistakes. (Am I understanding correctly that they both have the same identical mistakes on both of them??) 3: Good that they were not sent recorded or registered. This is very important. 4: 2005 should fall in the 1974 Act. 5: Take a photo of the default notice. BEFORE you upload it use something like Paint and cover names, address and other confidental information (Basically that can link it to you in particular (just in case some "spy" is reading the thread)) and upload it. Otherwise, try and answer these questions: a: Look at the date on it. Look at the date it says you have to rectify the breach by. Take the date of issue and add 14 days. Is the date given for rectifying the breach less then 14 days or over 14 days? e.g. Default issued on the 1 Jan 2010. Date by the time to rectify the breach given is 12 Jan 2010. That is not 14 days. So how many days were you given? b: Look at the default notice. What is the amount it says you have to pay to rectify the breach? Is it the missed payment? Or is it the full amount that was owed on the credit card? Last question for now. What stage are you in regarding the Court? How many days have you got left? Note: Edited as I see you have already filed an acknowlegement. Personally (somebody contradict me) I would go for "Strike out on the bases of no chance of success". Any comments?

Poor Lowell Portfolio. They bought an unenforceable debt. Our heart pleads for them. :D:D

Different route: Did you get served with a default notice by halifax? Have you still got it? Have you checked if it is defective?

You are so privileged having your own "personal handling supervisor". Check pm.

Read between the lines: Costs will be added "if we succeed in obtaining judgement against you". Why was that not worded "once we succeed in obtaining judgement......"?? "If" is a very small word but it means a lot. Paragraphs 6 7 and 8 seem to contradict each other. Question for you: Have you ever received any letter from them that was sent registered or recorded post? (Simple Yes or No will suffice).

For a contract to be valid in law, it must be signed by both parties.. A Witness is required if its a document that needs notary witness..ie affidavit, probate so on.. A contract must fill four requirements for it to be a valid contract. A lawfully binding contract that contains the following 4 mandatory elements for it be deemed a lawfully binding, bilateral contract: 1, Full Disclosure. 2, Equal Consideration. ("Consideration" means: something REAL, TANGIBLE and OF VALUE, e.g. money, or an item of value - something you "insert credit company" are trading for my signature / promise. 3, Lawful Terms and Conditions. 4' 'Wet' (hand signed, in proper ink) signatures of BOTH Parties/Meeting of the Minds. 5: If however they have a single signed agreement and they gain your consent to action (either with or without knowlege..tactic consent or aquisition by silence (i.e. you failed to contact them with your counter claim within the period stipulated)...then you will be found as the debtor by adjudication in a county court. So first of all we have 1, 2, and 3 above. 4 should be done. Let us look at 5. A "Single signed agreement". This is where the 2006 Act comes in and once the creditor shows the Court that you have been spending the money and paying then the Court will find in the creditors favour and against you. So let us move away from the 2006 Act and go to the 1974 Act. That Act is different. Procedure: Make application. (I want to apply for credit. This is "me", This is what where I live, This is what I earn). Application approved. Send terms and conditions to be approved by debtor. Debtor approves terms and conditions and puts "wet" signature to them. Creditor sends card and advises of credit limit. Today, we get a lot of spam put through our letterbox. The local pizza takeaway prices, the local kebab prices, the ............. In the 1980's we used to get credit card forms sent as spam offering all sorts of credit. So back to the argument of "application form vs agreement". I apply for a firearms license. It is an application form. UNLESS on that application form I am advised of ALL the rules and regulations (e.g. what safety I must have in my home such as security so the firearm cannot be stolen, how am I to keep the cartridges away from the firearm, how am I to store the cartridges, what security I have to have in my car when travelling with said firearm etc etc) then it is simply An Application. It is only once the application is approved, I am given the terms and conditions and I agree to them that we have an agreement. And that is where the 1974 CCA "kicks in". Because it says "An executed agreement". An application form is not an agreement. It is simply "I have read your basic conditions. I wish to apply for credit". It IS at the end of the day, the creditors perogative to make sure that before giving credit (lending money) they have themselves protected so they get the money back. IF the creditor decided to "cut corners" (such as for example not keeping copies of the original executed agreements to save on storage space) then the old saying "kicks in" and that saying is: A fool and his money are soon parted. (Doubt that will say that in the House of Lords :D )

How is somebody supposed to be able to check that?! Can hardly read it. Should upload to imageshack and set the settings to 17 or 19in monitor. Then upload.

Sign: John Smith underneath put "For and on behalf of" They cannot dispute that as it is legal.

Case law: Wilson v First County Trust What was it all about? A woman took out a loan and put her BMW as security. BUT that case is also used for all sorts of unenforceable agreements. Why? Because it is the basics of the agreement that is being enforced. Case law: Ferguson v British Gas What was it all about? A woman was being harassed by loads of "computer generated letters". BUT that case showed that as a "computer is programmed by a person to specific matters" then the company is liable. So all in all, what are DCA's? Debt management companies. Define the word "management" in the English language. So "somebody" is now telling you "how and how much" to "pay per month" towards that debt. And if that "somebody" happens to have bought the debt what difference does it make? For a sheep is not a sheep if it is a wolf in sheeps clothing. Law is to "Mix and match". You could be reading some case law and thing "Oh heck! This does not apply to me BUT there may be one, just one small passage that is relevant to your case and that one passage can swing your case to a win".

I will be honest I am not "really" into agreements hence I am not going to give advise on that. What I believe I can maybe help is in filing a statement (or really I prefer an affidavit as being taken under oath then it has more "power". This being that anybody can make a statement and declare it is believed to be true but an affidavit, as it is on oath and then liability of perjury comes into force, it is more accepted by a Judge). I think that diddydicky is the one you have to ask most of the questions. In a previous post I refered you to The Consumer Credit (Agreements) (Amendment) Regulations 2004 No. 1482 Maybe you and diddydick might want to have a good read of 6, 16 and 17 on there Schedule 2 part 1 Forms of Statement of Protection and Remedies Available under the Consumer Credit Act 1974 to Debtors under Regulated Consumer Credit Agreements e.g. Anything like this? "This agreement modifies an earlier agreement. Once you have signed this agreement your right to cancel [that part of]* the earlier agreement [which was regulated by the Consumer Credit Act 1974]* will be widened to cover the [regulated]* agreement as modified. The cancellation period itself will be unchanged. Details of how to cancel are given in your copy of this agreement."

What do you call somebody who contacts you, tells you they have bought the debt (and most probably will lie to you and send you some photoshop constructed letter of assignment) and gives "advise" on what you have to pay every month? Or in short, what is a debt management agency? Somebody who tells you "how much you need to pay in respect of a debt". And any DCA that is their main perogative.

Is Bookworm a female?! I am in Lurve. Been reading some of her posts and very fascinating.

A debt cannot be assigned to anybody unless it goes through certain stages: Stage 1: Default notice which must be properly executed Stage 2: Letter of assignment Do not forget that (let us assume), you have defaulted (for whatever reason) and (let us assume) that you get a default notice. Now let us also assume that you have gone over the 14 days of the default notice (say to manage to get the money together). BUT in order to protect your credit rating you decide to sell your wife, your car, your motorbike, your mother in law and you have collected enough money to pay off the debt in full you ALWAYS have first priority with your creditor. (Which obviously your creditor will prefer as selling your debt means a loss). It is when the debtor has lost the right (by long delay) to rectify the breach of agreement that the debt is sold on and then to sell it, there are certain rules/laws that have to be abided.

There are a lot of ways of dealing with DCA's. As said you can be cheeky to them and have a laugh. You can also just simply expose their breaking of the law and threaten to complain. One complaint may be nothing. Thousands complaining the OFT has to do something. And when you complain do not just complain to the OFT, complain also to your MP. Draw to your MP's attention how it was discussed in the House of Commons and it is still going on. Refer your MP to the date on this thread and if need be also give him/her a link to the thread. Debt Collection (Consumer Credit Act): 22 Apr 2009: House of Commons debates (TheyWorkForYou.com) Read some laws. If the DCA is breaking a law (such as the The Malicious Communications Act 1988 or the Consumer Protection from Unfair Trading Regulations Act 2008 especially items 3, 5, 6, 7, 8, 10 and 11) and if they have lied or done anything illegal to you refer to them that it is a criminal offence to have breached such laws. My personal opinion is that too many want "templates" and a "short way out because I want to watch the telly or go for a pint". As said, do research and there are a lot of ways you can get rid of a DCA.

And just in case............ Draft letter (edit as deemed fit) Office of Fair Trading address address post code date By recorded mail Dear Sirs Ref: Name of DCA I wish to file a very serious complaint in respect of the above mentioned Debt Collecting Agency. Namely, I am attaching copies of my letters sent to them dated the xx/xx/2010 and dated xx/xx/2010. I also attach copies of their subsequent replies. Sirs, you are the goverment appointed body to give consumer credit licences for companys to trade as consumer creditors. You are also the body that has issued guidelines by which these licensed creditors have to abide. In my case I am not interested in any investigation, by your office, as to whether or not the agreement is enforceable. If the Debt Collection Agency deems that the debt is enforceable they have the right to submit a claim with the County Court. I on the other hand, if that is the case, am prepared to challenge the claim and will then abide by any Court order. The simple fact that the Debt Collection Agency keeps harassing me but does not take any legal action, in itself, shows they know that they have no claim. On the other hand, you will notice from my letters to the Debt Collection Agency that they are in breach of not one, but three of your guidelines. I have asked them to abide by your guidelines but it seems they just believe in flaunting them. I therefore ask you to investigate as to why said company, who you granted a license to operate deems it fit to ignore the rules it agreed to be bound by. You are to note, that a copy of this letter (and attachments) is being sent to my MP for his/her attention. Yours sincerely P.O. Peye

Posted in humour and hope you do not mind but, £48000 and 7 defaults and "I would still be back there up to my neck"!!!!! You must be at least 7ft tall :D Damn! I only have a £34,000 mortgage (which I do pay and in fact pay about 50% extra every month on top) and I feel like I am up to my eyeballs. :D Then again, I am only 5ft 7

You might want to read post 7 on this thread http://www.consumeractiongroup.co.uk/forum/general/227605-guidance-cca-templates-esp.html

Incidentally both you and diddydick should have a read of this thread. Post 7 is the most important. Post 17 if you want to laugh And post 20 especially the reply received from the creditor. http://www.consumeractiongroup.co.uk/forum/general/227605-guidance-cca-templates-esp.html

Think you can get the general idea from this thread. Mainly post 7 is of interest. Also post 17 and post 20. (In respect of post 17 may I add a ":D") http://www.consumeractiongroup.co.uk/forum/general/227605-guidance-cca-templates-esp.html

Be careful. I am now REALLY petrified. He also has multiple personalities. :D

Well I am unsubscribing from this thread. Dont want the OP sending me one of "his letters" and "cleaning me out". :D:D I am petrified now. :p