Already posted this in another of your threads. By rules of Court CPR Practice direction 16 para 7.3 7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and BUT and ONCE AGAIN it depends on the Judge Lottery. Read Humblemans thread and read the comments made by the Judge. Fair enough you can claim unfair BUT can you afford to go to the Court of Appeal? (Well actually you might be able to if you go for what is called A Paupers Oath but that is another matter). I can give you case law references as to why you should not lose BUT once again, it is called The Judge Lottery. So that is WHY you have to be able to try and get so much behind you that what you really really really really really really should try to go for is what is called a Strike Out. i.e. the Claim is struck out before it even enters Court as being a waste of time and of Court process. What you have to try and go for is something like http://www.consumeractiongroup.co.uk/forum/legal-issues/239383-hsbc-cca-going-court-3.html post no 45. (You can also go down the pages and also have a read of the Holding Defence to get an idea).

I use Skype no problem. Just tell whoever it is what time to go online and can talk for free. My next port of call by the way is Ukraine. Russians are to mad for me (and that is saying something LOL).

Those are not default notices. They are default charges. To be honest, at the moment I would not bother with them (considering how much chaos you have with the banks re CCA agreement applications, dispute letters, proper default notices etc). Once you sort your affairs then you can have a read on here (not my interested subject so cannot help you) and see how to send an SAR and apply to get them refunded. But once again, my advise is to get your records sorted, get them into line and then move on. You went and challenged something like 14 cards at the same time. Now unless you sort the paperwork out it can overtake you.

There are different ways to argue whether an agreement is valid or not. There are also different way that, even if the debt is sold on it can be argued whether it is enforceable or not. Read the following carefully and understand it. In the first instance let us say that they have a lot of faults in their correspondence. You can let them default you and terminate the agreement. So what happens now? You have three options: a: You take it to court. This has its pros and cons. For a start it is called "The Judge Lottery". Also you have to be able to SUBMIT your case to the Judge and make the Judge believe you compared to the bank. (Remember, the bank will be like a kid that has had its favourite toy taken away and will be screaming and crying to get it back). You CAN use the law but you still have to prove to the Judge that you are NOT abusing the law. Claiming something like "The Act says that the debt cannot be enforced and I had 14 cards and owed £100,000 on them but because the law says so................. there is a 100% chance the judge will go against you and you may have to finish filing an appeal. (See Humblemans thread to see how funny some judges can be). b: You get the bank to shut up and belt up. Again has its pros and cons. IF you can get the bank to realise that they have made so many mistakes that it is not worth carrying on then all the good. BUT by doing this you have to expose what "Ace cards" you have and then the bank can take precautions when issuing proceedings as you have exposed your hand. c: The other alternative is to try and get what is called "A strike out". Basically the bank takes you to court. You file such a defence that the Judge will consider under CPR 3.4 and CPR 24 that there is no chance of success and will throw the claim out of Court. So this is why I have always said: Every case is different. MOST will be standard letters and you take bits and pieces and mix and match to suit that particular case. BUT........... you give me a crystal ball and tell me how to read the future properly and I will tell you what is in the future. Otherwise............it is how you prepare yourself, how much you have learnt, how much you can put an argument forward, how much you can refer to to test cases............. In this case, they say that they cannot find a copy of the agreement. That letter is covered (as Dotty rightly says) by the words Without Predjuice. So to use that you have to get a Judge to "overturn" that wording and make the letter available in Court as evidence. So have to look for other things and it seems that their DN is faulty. So you might get away with that one. As to are your going to win or not? Once again, give me a crystal ball. The ONLY thing that can be promised is that if you were to lose then you can ask the judge to: a: stop interest b: make a decision on the minimum payments (token payments) And as long as you keep to the minimum payments then you do not have to find so much money to pay a month

Nope. Have had a look. No romance sections available on the forum. :D

Yo Dotty! You keep refering to "interest". Are you single and any chance of a piccie? Wonder why you get so much interest. :D:D:D p.s. Sorry......... Mad sense of humour which you do need in life.

£2,800 pm! Want to buy a cheap shotgun???????? :D Heck! IF I had £2,800 a month just interest I would just buy a shotgun cartridge, stick it up me bum and hit the detonator!!!!!!!!!!!!! That amount of interest I would not be able to even afford a hammer to get the cartridge to fire!!!!!!!!!!

I have credit card statements. IF it IS a purchase it will show as a purchase. IF it IS a charge then it shows as a charge.

Check the threads relating to Unfair charges applied to credit accounts. Not my line as not really interested in it. (None of my credit cards have any default charges so never bothered reading into that type of argument). Also might be a good read into PPI charges. (Send a pm to Slick 123 about that one). Anyway............. seems that their DN is invalid and faulty.

Good comment. To me the ONLY way out of this one is simply an invalid DN.

Question: I have enclosed the s.78 information. What did they enclose? Contact us on 0870 number, have you checked if it is a premium rate number? IF it is then it is in contravention of OFT Guidelines. As to the last comment............ bonny lad........... IF I was nobbing a perfect bimbo that you had got me in touch with, where she works and gives me all her wages and for the weekend she proposes that she invites one of her best pals over so we can have a threesome.............she does not love buying shoes, clothes, handbags and is only interested in giving me pleasure......... I would still tell you that it is up to you to sort things out.

Practice Direction Service of Documents - First and Second Class Mail. With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday. 3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8th March 1985 J R BICKFORD SMITH Senior Master Queen's Bench Division CPR rules on service also state the required timescales to be given for serving of documents :- Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day.

In a way you are fooked regarding this one. You sent a CCA application (NOT a bleedin CCCA) on the 23rd November. YET from the Default Notice they sent you, you kept using the account and even went over the limit. In my humble opinion (somebody correct me if I am wrong) you CANNOT challenge something but keep on using it as if nothing was wrong!!!!!!!! Come on!!!!!!!!! I would go as follows (subject to anybody saying otherwise) a: A Subject Access Request. Seems you were going over the limits. Might be able to get some money back from PPI and also from unfair charges. b: go and make a cuppa of tea or coffee or hot chocolate Default UNLESS sent by recorded mail is invalid and faulty. Default date is 8th January. They say payment by the 25th is payment day. They should give 14 days from date of service. ONCE AGAIN (and understand this) the dates they give are 17 days. UNLESS they can prove that service was by recorded mail and give the date of service then it is classed as second class post. Second class post according to the rules is 4 days. So UNLESS they can confirm that service was done on xyz date then they are 1 day short and DN is invalid. As usual, did you send a "agreement in dispute" letter?

Notes added.

You have to be a bit more clear in your posts. Dont know what you mean when you say you thought you only had 13. Is this cards? Cos you always said 14. Also when did you send the formal notice? Have already sent it OR are you going to send it. The parts marked should (in my opinion) be removed and note the typo errors corrected in this colour. Anyway, they can claim what they want about sending a copy. If it goes to Court they have to show the original. Many mistakes in your letter.

Three minutes and check pm for last "trick" which is best to keep a bit private.

As I always say any letter I draft is a "draft" and the OP can edit/omit/change etc as deemed fit. I notice you have skipped a lot of the information. I guess up to you. BUT one of the things you removed was informing them that the account is in default. By my reasoning, doing that, you have changed the table into their favour. Also by removing the Unfair Protection Act you have defeated the argument of Unfair Relationship.

:lol:

Before you post the letter is this a CCA as per 1974 or is it a CCA as per 2006? I have just noticed you have 2006 at the top.

The sentence "You responded with a letter on the 27/11/2009 that the complaint would be looked into." I would change the word "complaint" to "matter". In the letter it will mean same thing but in a possible future litigation it can mean different things. You did not make a complaint. You made a s.78 application. If they want to refer to it as a complaint it is up to them. A s.78 application drawing their attention that the copy they had sent was not legible and making an official s.78 application is not a complaint.

Hmmm dont know if Humbleman likes to be called Humblebum. :D:D

And http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

12 working days + 2 is for CCA application 14 straight days if for a DN Question: Was it received by recorded or registered mail? Simple answer: Yes or No. Make sure you give right answer.

Incidentally, Law of Property Act 1925 ONLY applies to when the debt is assigned i.e. sold on to a third party. BUT there are ways of arguing that one as well but not yet.

Once again, read, disect what is posted and IF do not understand then ask. But read, understand and do not assume. Fair enough you have asked. BUT did you notice there is NO reference to the Default Notice in the letter?????? Whereas in another of your threads I refer to the Default Notice, in this one I did not. Why? As I told you learn to disect. So homework for you although you have still not done the other homework given yet. Send me a pm as to why you think I did not refer to the DN in the letter. You say you have 14 cards and your missus has 6. I am NOT going to sort out all of your cards. You have to learn to disect, read, understand, if need be ask for advise.............. but you should learn to: a: Fend for yourself b: Know what is happening and most importantly WHY it is happening so that if it goes to Court you know the answers It is, if you want to call it, brutal training. But it is better to learn, understand and know what is happening, how the chess pieces are being played, what is the move intended to do, how to counter attack possible next move, how to manouver the situation to your advantage.......... Notice........... I have replied to a few of your threads. A lot of information is similar BUT I have edited it, changed it, modified it to suit that particular card/problem. On the other hand......... you can be (what I term) a parrot. The best way is to make it that it does not even have to go to Court BUT IF it goes to Court then the least thing you want is: "I was told this. I sent this. Oops Your Honour I do not know anything or what the heck I am on about". Learn to disect and especially their letters and how you can manipulate what is being said to your use. (e.g. Read how I manipulated the fact that they never contest the default now they cannot claim the account is not in default. You say they automatically send a letter. BUT that letter is signed by a Human being and hence liability is now there on that person who signed it).