You have had a default put on without them either: a: Sending you a DN b: Sending you a Termination Notice c: As Martin3030 said should have also notified you they are putting a default on That judgement shows you how you can claim compensation for a wrongly made default with a credit reference agency against your credit good name AFTER you have had proceedings and hopefully have got the claim struck out. You do not need to write to them asking for a copy of a DN or anything like that. Once they start proceedings they have to submit all these. That is why I suggested you read the thread re Mikeed v Halifax. He never queried about the DN being missing. He never queried about not getting a Notice of Assignment. So....... what happens. He can use them against the claimant to get a strike out. NOW......... IF you ask for these, you have effectively removed two items from your "arsenal" that you can throw at them in proceeds to try and get a strike out. (Well that is my opinion anyway). Was it a waste of £10????? I do not think so. No copy of the DN!!!!! (Makes it an unlawfully rescinded agreement). No copy of the NOA!!!!!!! (Makes it wrongful assignment and unlawful to issue a claim in court) That is a good £10 spent. Sorry, personal opinion. You do come over like you are being harassed by the DCA and seem to just want them to stop. It does not work that way. And believe me, IF you write to a DCA and ask for a copy of the DN and a copy of the NOA one will be "trumped up". Just personal opinion. Sometimes it is better not to ask for certain proof in advance but ask for strict proof in proceedings. (Once again, read the MIKEED v Halifax thread).

I am not going to suggest what to send or not send except sometimes, showing your cards can backfire on you. In short, if it was to say go to Court then you have exposed what you will be using as a defence. Suggest you have a quick read of this thread. The member has been issued with a court claim. See how it can "pan out" IF you have certain things that have happened and you do not ask for them to be rectified but expose them in Court. http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense.html (Also suggest you download and read the draft defence attached). Re umpteen chores and loads of different things, just open a file for each problem. Then take a piece of paper and mark a short note of what has been done or what is pending. That way, when it comes to recapping re that file, you just look at the notes and you can then recall instead of having to read a lot of papers to remember. (Well that is how solicitors do it anyway).

Hence now start reading RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney Especially from no 19 onwards.

'Ere!!!!!!!!!! What is wrong with "Hardy". :D:D:D

You are so blessed. You must be ObeWan. May the force be with you and the farce be with the Judge. :D

By the way, dont know if you have the link. Form N268 can be written and then printed from this link: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=526

http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense-3.html#post2738427 Post no 51 Read the contents of the attached N268 Form 268 can be written and then printed from this link. http://www.hmcourts-service.gov.uk/courtfinder/forms/n268_0499.pdf

Adding: As said, it is a draft and feel free to amend/edit/ignore/use as you wish. Have edited it to take in information from your claim e.g. You will see I made reference to their section 2.2 (in the assignment part) and also refered to where you say you have found unlawful charges. IMPORTANT: Check the default charges carefully so as not to look like a fool. It is better to say £1,500 and it was really £2,500 then to say £3,000 and it turns out to be say £2,500. The idea is basically to put in a skeleton defence to the Judge and give him 3 reasons to strike out. In short if he ignores 1 of them you have 2 others for a strike out.

Just so you will know, 24.2 PART 24 - SUMMARY JUDGMENT - Ministry of Justice and 3.4 PART 3 - THE COURT’S CASE MANAGEMENT POWERS - Ministry of Justice Edit: Draft skeleton defence for Judge added. It is a draft and feel free to edit/amend/ignore or do as you wish. Important: The part re faulty default notice you will notice is a cut and paste and hence has different sized text to the rest. You will have to retype this to make it look neat for the Judge. Amended Draft statement.doc

You should write to the address, as shown either on the statement or any letter.

Me and my big mouth. I went and mentioned the word "Estoppel". (By the way........ you know you spelt it wrong. )

Ahhhhhhh the good old days. May I please bring you, as they say "Up to speed" (Or in real terms "Up to date")? Admirality Law in the 21st Century. 21st Century Politically Correct Battle of Trafalgar -------------------------------------------------------------------------------- An amended version of "history" - sorry "personstory" - (mustn't be genderist)... Nelson: "Order the signal, Hardy." Hardy: "Aye, aye sir." Nelson: "Hold on, that's not what I dictated to Flags. What's the meaning of this?" Hardy: "Sorry sir?" Nelson (reading aloud): "England expects every person to do his or her duty, regardless of race, gender, sexual orientation, religious persuasion or disability.' - What gobbledegook is this?" Hardy: "Admiralty policy, I'm afraid, sir. We're an equal opportunities employer now. We had the devil's own job getting 'England...' past the censors, lest it be considered racist." Nelson: "Gadzooks, Hardy. Hand me my pipe and tobacco." Hardy: "Sorry sir. All naval vessels have now been designated smoke-free working environments." Nelson: "In that case, break open the rum ration. Let us splice the mainbrace to steel the men before battle." Hardy: "The rum ration has been abolished, Admiral. Its part of the Government's policy on binge drinking." Nelson: "Good heavens, Hardy. I suppose we'd better get on with it ............. full speed ahead." Hardy: "I think you'll find that there's a 4 knot speed limit in this stretch of water." Nelson: "Damn it man! We are on the eve of the greatest sea battle in history. We must advance with all dispatch. Report from the crow's nest please." Hardy: "That won't be possible, sir." Nelson: "What?" Hardy: "Health and Safety have closed the crow's nest, sir. No harness; and they said that rope ladders don't meet regulations. They won't let anyone up there until a proper scaffolding can be erected." Nelson: "Then get me the ship's carpenter without delay, Hardy." Hardy: "He's busy knocking up a wheelchair access to the foredeck, Admiral." Nelson: "Wheelchair access? I've never heard anything so absurd." Hardy: "Health and safety again, sir. We have to provide a barrier-free environment for the differently abled." Nelson: "Differently abled? I've only one arm and one eye and I refuse even to hear mention of the word. I didn't rise to the rank of admiral by playing the disability card." Hardy: "Actually, sir, you did. The Royal Navy is under represented in the areas of visual impairment and limb deficiency." Nelson: "Whatever next? Give me full sail. The salt spray beckons." Hardy: "A couple of problems there too, sir. Health and safety won't let the crew up the rigging without hard hats. And they don't want anyone breathing in too much salt - haven't you seen the adverts?" Nelson: "I've never heard such infamy. Break out the cannon and tell the men to stand by to engage the enemy." Hardy: "The men are a bit worried about shooting at anyone, Admiral." Nelson: "What? This is mutiny!" Hardy: "It's not that, sir. It's just that they're afraid of being charged with murder if they actually kill anyone. There's a couple of legal-aid lawyers on board, watching everyone like hawks." Nelson: "Then how are we to sink the Frenchies and the Spanish?" Hardy: "Actually, sir, we're not." Nelson: "We're not?" Hardy: "No, sir. The French and the Spanish are our European partners now. According to the Common Fisheries Policy, we shouldn't even be in this stretch of water. We could get hit with a claim for compensation." Nelson: "But you must hate a Frenchman as you hate the devil." Hardy: "I wouldn't let the ship's diversity co-ordinator hear you saying that sir. You'll be up on disciplinary report." Nelson: "You must consider every man an enemy, who speaks ill of your King." Hardy: "Not any more, sir. We must be inclusive in this multicultural age. Now put on your Kevlar vest; it's the rules. It could save your life" Nelson: "Don't tell me - health and safety. Whatever happened to rum, sodomy and the lash?" Hardy: As I explained, sir, rum is off the menu! And there's a total ban on corporal punishment." Nelson: "What about sodomy?" Hardy: "I believe that is now legal, sir" Nelson: "In that case............................ kiss me, Hardy"

Anyway........... I see there are two site team members involved in this thread so guess.......... all info will be passed on. So, unsubscribing from this thread. Wish the member all the best.

You may have a capture of the English language and also I believe quite a fair few do as well. But............ remember the law should really be in the LiP side because if for example I was to quote you from my son (geordie mentality)............ Q: Can I lend £400? A: You can lend whatever you want just make sure you protect yourself to get it back. So he answers "So when can you get it to me?" Oops. It is not "lend". It is "borrow". What you mean is really "Can I borrow £400". And as to sending a letter addressed to the Data Controller or to Customer services or to the Director or to the Chief Executive Officer is immaterial. I sent you a letter. It is up to you to transfer it to the appropriate department. Same as IF I was to send a complaint letter to the CEO of a company. Should I accept a reply from a manager???????? It is LiP. Pending on your knowledge, understanding, education (oops!!!!!!!! Half the British population will fail on that one. Actually......... something that surprises me........ How can a person do a computer program but cannot put a decent sentence in a letter!!!!!!!!!!). My opinion (feel free to challenge it if you want) is that too many people believe they want to challenge the technicalities whereas they should ask the Court to assist.

No it is NOT. Reading and understanding and if not understanding questioning and then once understood is ok. Otherwise............ you are non the wiser.

How to add re Default Notice to the defence: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190222-notice-assignment-default-notices.html What I am basically looking at is that with the n268 you ask them for the strict proof re agreement, (forgot what no 2 was), assignment originals, assignment service and default notice service. Then in the defence challenge the NOA assignment service and also the DN service. Then add on top PPI which are charges............... Think that should do it. Now you need somebody to a: challenge my idea b: maybe write you a good defence Any of those or the combination of them should get a strike out. Challenging the agreement............. well........... we have seen that it is not as easy as it used to be. Edit: Not too sure as too early in the morning but I think the above link has already been referred to you. If it has, then I think you are not giving it the credit it deserves and should really give it consideration. A Faulty served NOA and a Faulty DN should get you a strike out.

Just adding: Have you got a copy of the Default Notice with the bundle? Also a copy of the Termination Notice? Suggest if you have to upload a copy to see if it is defective or not. That is another one that can throw the case out of Court. IF you do not have a copy of the default notice then add (4) to the form and ask for: 1: A copy of the Default Notice 2: A copy of the Termination Notice 3: A copy of strict proof of service regarding the Default Notice. Note: The Default Notice is not really required to be sent by recorded or registered mail BUT it is known that mail does get lost in the post. IF I was in front of a judge I would state that, It is a well known fact that even Proof of Posting is not Proof of delivery. Also another well known fact is that the post office allows 15 days before a letter can be declared as "lost" (Then present copy of the attached photo). Yet the default notice only allows 14 days. Hence it would be responsible to: a: Send the letter recorded or registered to ensure it does get to the debtor and b: Sending recorded or registered provides a guarantee that the creditors default notice has been properly served whereby in a way insuring that they have complied with the act by issuing said default notice At the end of the day, if you (a layman) sends all your letters by recorded mail why should somebody who claims is owed thousands of pounds not pay a simple £1.14 to make sure everything is done correctly. And.............. I have read (although I did not really read fully in depth so maybe this has been covered already) you say that you had PPI. This might be another angle to go for. Personally (I may be wrong and anybody feel free to correct me), I would go for: 1: Non service of NOA hence no right to make the claim in the first place 2: Non service of DN (unless you did get one. Then see if it is valid or not). 3: PPI as being extra charges making it an Unfair Relationship and agreement unenforceable on that basis. (See the Judgement on the Disecting the Manchester .............. thread re the "wifey" who took the bank to court in Newcastle). Edit: Forgot to add the picture from Royal Mail. Can print it and keep it if needed show it. (Too early in the morning I guess )

I would suggest you add to the n268 (re part 3) and Copy of strict proof of service of Notice of Assignment. AND make a note of their claim (no 2.2) that it says "on or shortly thereafter". If they have strict proof they should have given the exact date from Royal Mail Track and Trace site. (Or if by courier then from the courier site). Note: If they try to say courier then on the site it should say the name of who signed for it from the printout.

This might help you. I have noticed that when they talk about assignment they refer to "on or shortly thereafter". Notice of assignment should be by strict proof. Strict proof being by either recorded or registered post or by courier or personal service. Suggest you read this and add to your defence.............. The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, /at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956]. The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169 2 -Perfection of the assignment. 2.1. I have never received a notice of assignment according in all respects with s136 of the Law of Property Act 1925 2.2 I respectfully submit to the court that steps to ensure service of a notice of assignment are only adequate if the requirements of s196 of the law of property act 1925 are complied with regard to either (a) personal service or (b) postal service. 2.3 Since the claimant explicitly states the notice was “sent” it is assumed that this was done via the postal service. The requirements for service via the post are Law Of Property Act (1925) s196 . Regulations respecting notices. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered. 3.2 - It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent via registered post, and if “sent” via any other method, the notice was not sufficiently served 3.3 -. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent, and I have asked the other members of my family if they signed for such a document; they have assured me that they did not. 3.4 - To the best of my knowledge, any notice of assignment sent by registered post must, therefore have been returned to the respondent. 3.5 - Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the claim, and therefore any assignment has not been perfected in law.

Signing a letter............ xxxxxxxxxx (Signed by Millie Bitter) for and behalf of Mr John Smith xxxxxxxxxxxxx (Signed by Tom Brown) Mr John Jones p.p. Where xxxxxxxxxxx is the hand written signature Both of those are legally accepted. So if your husband is John Jones and on top of his typed name you sign Tom Brown as long as under John Jones you write the words p.p. IT IS A VALID letter and a valid signature. To be honest, all these "latest technologies" and this and that, simple letter writing and known and accepted manners seem to have "gone out of the window".

Once a company becomes "involved" in your life. They become the Data Controller and you become the Data Subject.

Court procedure rules state that before you can issue proceedings you have to tell the other party "also known as banks/DCAs in this case" that UNLESS THEY DO WHAT YOU ARE ASKING THEM TO DO you reserve the right to issue a court claim. The law states they have 40 days to reply. So you have to allow 40 days. After day 41 you then send a letter (I prefer by recorded mail so cannot be contested.............. do not forget IF they do not comply you can now start claiming costs) giving them notice of a Letter before Action and allowing them 7 days to comply. After that.......... just sue the sods. :p I have had two DCAs (on behalf of my son who seems to love to cancel mobile agreements before time) and one got my son £300 compensation and one £240 compensation. Got one ongoing (just filed today against (believe it or not) a firm of solicitors).

Mean sod! You mean you do not give anybody else any thanks!!!!!!! Re rest of posts. Up to you. Just trying to show you different routes and arguments you can use.

Once you can work the questions out then after you get the reply re the SAR for your wife you should be able to draft a letter answering the DCAs comments re McGuffick. ;) I am not going to do it for you. You NEED to understand certain things so that IF it was to go to Court you can then know how to answer.

Go forth Luke our Jedi and may the force be with you. Read the McGuffick judgement and answer me the questions. Come on!!!!!! You know you can do it.