Another point is that this is perhaps a "standard" reply as at one point their letter refers to "your client" as if perhaps replying to a solicitor when my complaint has only been dealt with by me?

anyone got any thoughts re the DN and the amount claimed being different?

Quick summary. Egg card taken out in 1999 with a balance of approx £5K, no payment since June 2009 and the standard "apporved limit" CCA and complaint on this basis made to Egg. Had a couple of letters from Egg and also CCA (Egg's DCA) and now had this reply: I feel the way forward is to refute their claims as follows: The Heading being a statutory correct heading at the time? No it wasn't. Not a prescripted term re CCA 1974. Well establish point of law that "Approved Limit" satisfies regulations. Again, not a prescribed term. Request examples where point of law proved? Central Trust -v- Spurway Not sure - advice appreciated. All thoughts appreciated and some kind of direction to of reply would be good. I'll leave it a few days but will post up my intended reply before sending. Heck, it's all go this week!

I've had a letter saying the account is closed and they are going to default it, but no default notice yet. Currently paying them a monthly amount so we will see............

Just looking over the default notice again and I see it says they require the net amount (ie £12K) to be paid, by court order if neccessary. The CC claim if for the total amount? Does this make it defective?

Thanks Guys - I'll get the letter sent tomorrow!

Just trying to acknowledge service - do I defend all the claim or some of it? If it turns out that all is correct with the claim can I accept the claim at a later date and ask for payment terms with no additional penalty?

Thanks for your help Pipster, I doubt there are any charges as the claim is for the same amount that Tesco were chasing when I first missed a payment (less the 2 cheques sent to Triton which I mentioned)

Sorry, it's on the back of the form and was dated 1st August. I also realise now that I should have kept the envelope but sadly I didn't.

Yeah, I thought it looked enforceable too but thanks for the opinion. No PPI taken out and charges will be minimal in relation to the o/s balance. Worth a try!!

Thanks Pipster, The POC reads: "The claimants claim is in respect of monies due persuant to an account maintained with the claimant. and the amount the claimant claims: £15,xxx.xx" Default notice as follows:

Hi Received this via SAR to Halifax and would just like opinions of if it's enforcable as I feel it is:

Hi there - 1st post so please be gentle if I do anything wrong! I took out a (£10k+) loan with Tesco in Nov 08 and due to reducing workload etc was unable to pay from June 2009. I have tried to sort this out with a self-managed DMP until I can source more/better paid work but this isn't happening just yet! (in fact work is getting harder to find!) Anyway, had several letters etc from Tesco and then received a default notice in August at which time the account was passed to Triton. I have made 2 or 3 payments to Triton depsite them pretty much ignoring my letters. I had a letter from Incasso on 27th October giveing me 14 days to either pay in full or make an arrangement; I wrote them giving them a copy of my offer letter to Triton and a further cheque which they have cashed. On Saturday (14 Nov) I received a CC claim form (Northampton)!! So, I assume they will continue the process and try and obtain a charging order and although I can live with a CCJ I would really like to avoid the CO. We do have a little bit of equity in our house but not very much. We also have a young daughter so I doubt they would manage to force a sale? As the loan is post April 2007 and also quite recent I feel there is little point in going down the CCA or SAR route? To be honest I accept I owe the debt and although I am a little dissappointed at the speed they have taken to choose legal action I can quite understand it! So, I understand that if I admit the claim on the CCJ it will be far harder to avoid the charging order later on? How can I defend the claim when I know I owe the amount? I have a couple of thoughts and would appreciate some help. 1. The default notice shows the total amount due (over the full term) and then offers a rebate in interest in line with a redemption statement. The CC claim form is for the total amount due (ie 4 years interest front loaded on the amount borrowed) - is this correct. 2. The total amount claimed is wrong as a couple of cheques sent to Triton (and have been cleared by my bank) have been missed, so the balance is slightly overstated. All advise gratefully received............