Think you've got that a bit wrong Old Miss Mort: When you deposit your money in a savings account you are effectively lending your money to the bank and they pay you interest. When you buy shares in a bank you are investing in that bank and they pay you dividends. Big difference. Are you now suggesting that every single person who has put their life savings with any bank in this country should not have some guarantee that their money is safe. Old Miss Mort has rewritten the basic principal of a savings account. Everyone should get to the bank first thing in the morning and get their money out.

OK, on the understanding that should claimant object to costs you draft and a hearing is required you attend.

ps. OC was Egg, claimant CL, sols H Cohen

Thanks foolishgirl and DonkeyB Not sure about wasted costs, I hardly spent much time on it as never had much to go on, might let this one go. OH

Application for strike out returned (with payment) with a letter from Court Manager informing me the Claimant DISCONTINUED on 31 March. Copy of Notice of Discontinuance supplied by court but not received anything from claimant yet. 38.3 Procedure for discontinuing (1) To discontinue a claim or part of a claim, a claimant must – (a) file a notice of discontinuance; and (b) serve a copy of it on every other party to the proceedings. HE AIN"T DONE THAT YET (2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings. (3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.NOT ASKED ME!!

Thanks foolishgirl, will get started on application and take it to court on Tuesday morning. Ollie

Foolishgirl Date for disclosure was 19 March. Ollie

Bump

Currently defending a claim started by DCA last year, debt sold by OC to DCA over 18 months ago. Got into some problems with money and missed payments on credit card opened in 2001. Requested from OC a copy of original signed credit agreement under S78. OC supplied nothing - just letter saying we are locating your agreement and shall forward a copy shortly. SAR resulted in pages and pages of statements, personal details and details of a loan agreement which had been opened in 2000 and paid off in 2004, also details of credit card application but again no copy of signed agreement. OC passed matter onto two DCA’s both who returned account to OC after they failed to supply copy of original credit agreement. Second DCA even confirmed in a final letter that the account was being returned to OC as OC had no copy of credit agreement and therefore unable to satisfy the S78 request and refunded £1 payment. On receipt of Claim Form made a CPR 31.14 request to claimants solicitor, no response or documents received (reading other threads seem to be their way of working). Submitted defence (embarrassed), claim transfered to my local court, AQ received and returned to court. Claim allocated to Fast Track, judge ordered all parties to give to all parties standard disclosure of documents by serving copies together with a disclosure statement. I served documents as required (sent guarranteed next day and signed for). Nothing from claimant‘s solicitor (surprise surprise) Now have to exchange witness statements in two weeks time. If no witness statement received from claimant what is the best approach? Should I apply to the court to have claim dismissed as abuse of process? or Should I just go with the flow and await trial date following filing of pre-trail checklist? Any thoughts oh how I should proceed?

We propose that the hearing listed for ******2009 be vacated and that the claim be stayed for a period of two months (*******2009). We consider that a stay would be prudent in light of the numberous test cases currently progressing in the Mercantile Court in Manchester and which are due to be heard before *******QC on *******2009 The test cases deal with a number of issues relevant to our client's claim, including : 1. Wheather a copy of agreement given under section 78(1) must have the quality of a photocopy or may the copy be a reproduction; 2. Whether a creditors breach of section 78(1) gives rise to an unfair relationship; 3. Whether, if there is a breach of section 78(1), a declaration to that effect is appropriate; 4. Whether the document signed by the debtor contains the prescribed terms if they are on a separate sheet attached to or supplied with the piece of paper signed by the debtor; and 5. Whether a failure to show that there was a document signed by the debtor containing the prescribed terms of itself give rise to an unfair relationship. Does anyone have any further info on the Manchester Cases, the above is from ssshooter's post on another thread, any ideas on what the several legal principles are to be determined as mentioned by letitbeme in post 182. OllieH

Also should the DCA issue a DN if they want to register default with Credit Reference Agencies?

If a DCA claims they have purchased a debt (and the assignment was an absolute assignment) so that they are now the creditor and the DCA demands payment from the debtors or a proposal for payment, which the debtor does not do. Does the DCA then have to issue the debtor with a Default Notice before bring any court proceedings?

Andy I've sent account in dispute letter to Robinson Way. Have not made any payments for 2 years since OC rejected my offer of payments when I first got into difficulties. Am quite happy to wait this one out (for 6 years if need be) and build my case for court, until OC decides to takes me to court. – But without an agreement – I don't think so.

They don't have my home or work numbers so not getting any calls. I don't feel any harrassment in receiving letters and they do seem to ignore the account in dispute letters. Whilst this may not be the right thing to say - I do realise that some people do feel threatened by these letters - I find some of their threats laughable and then how quickly they write with a very special offer which always expires within 7 days of the date of their letter and which you only receive the day before the very special offer expires.

Andy Thanks - didn't know if using 2 different DCA's at same time was acceptable - if someone less informed had received these letters could result in a same debt being paid twice. How easy would it then be to get the overpaid money back I wonder!