Am sending the contract over shortly, just had a quick look at BRW's post, thats long!

Ok I will copy it and send later, and yes the DN was sent by the original creditor, it is too them taking us to court via their solicitor, it was never given to a DCA or anything. Thanks again

Did you get the email?

They did attatch a copy of the agreement to the court papers when we got it through, so do I still need to send the letter? Or rather what would be hope for as an outcome by sending it, sorry I dont understand!

The POC as requested :- The Claimants Claim is for the sum of XXXX being monies due and payable under the terms of a written finance agreement entered into between the parties on xxxx full particulars of which have been supplied to the Defendant. The Claimant also claims interest thereon pursuant to Section 69 of the County Court Act 1984 at the rate of xx per annum

I have not, do I need to?

Thank you sir

If you wouldnt mind please? I will be happy to post once the defence is in but am just very worried of anyone getting a sniff of it and messing up my defence! Thanks E

Thank you! That is like a weight being lifted honestly I will PM you a copy of the default if you like just to be sure?

I started this one :- http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-defence-advice-needed-please.html#post2634983 sorry didnt mean to confuse people. Had to be acknoweldgment the other week, had to be in by 2nd. I believe invalid due to not giving 14 clear days and words not underlined, so I have been told anyway! Where is the checklist, sorry couldnt see it!

Thank you so much! Its almost scary the way the more you read the more it, almost, sinks in, so I can clearly see the end of the second post last paragraph makes sense to me, and from the first paragraph, the fact we recieved an invalid one, is the same really as not receiving one at all? and its all this stuff I need to be attaching to my defence form? which I need to really send off in the next couple of days!

Really? thats actually making my heart miss beats, lol, Court claim has been issued yes, and as I understand its too late for them to send another DN Do you happen to know which section of CCA says this? as I may need to quote it! Many thanks!

Thanks Supa, sorry for being thick but i cant see those words, I can PM you a copy of the front page if that helps?

Just to clarify a couple of notes on this thread please. So once the DN is sent, it can only claim for the arrears at that time, as lower down the page they have the full amount owed dont they? If nothing is done, no Termination letter is sent and they go for a CCJ, am I correct in thinking by going for a CCJ for the whole amount, this terminates the agreement? Thanks E

Quick question, had this account not got as far as court action yet? Once default is sent, if they dont send a termination notice, but go for a CCJ, how does this stand? Am I correct in thinking that if they go for a CCJ for the whole amount, this automatically terminates the account? Impressive amount of knowledge you guys have

Thanks for that, omg its confusing! I guess I could post it up, but I am very very concerned about the company seeing it and I have just a few days to get my defence done and sent. Maybe I could PM it to someone? If it helps, they served the arrears notice, of two months, then the default, which lets say was written on the 1st of May, they stated we needed to pay the arrears of xxxx before the 15th May. My understanding is they need to allow 14 days, not sure where it says clear working though? days, allowing for postage etc.... so on that premise what is the earliest date they could have stated to make it legal? Is this really a big enough issue for them to fall down on? it seems so simple Futhermore they have failed to underline the relavant words and write them in bold, as stated in Section 87(1) V and Vi The thing I need to know, is when I send the defence in, do I just copy the default letter and highlight the mistakes in a colour, then on the form say refer to the part highlighted yellow, this fails to comply with section xxxxx and the part in organge fails to comply with xxxx, on this basis I see this as wasting the courts time and ask for the case to be dismissed?!?! Thats just purley off the top of my head and I expect totally wrong! I really do appreacite any help you guys can give as I am currently not sleeping and having dreams about all this

Hello people, I must say this seems a very impressive and friendly site To keep it brief, we have a CCJ pending from a loan, it is not just a case of us trying to get out of paying, far from it, wont go into detail if thats ok but creditor has been awful and gone for court action. From advice and research it seems the default notice is defective on two counts, is it a case that we submit the defence stating for example a one line sentance saying they have not complied with legislation? I just got very concered when I read this thread and saw the defence that documan and creditcardmug had given the lady http://www.consumeractiongroup.co.uk/forum/legal-issues/192940-hfo-have-sent-court.html I have read in some, not sure how many, cases that it seems if a good enough defence is submitted then it may not even get to court? Would you need to quote which section of the CCA they have not complied with on the defence? Sorry for all the questions and thanks ahead for any replies. E

Wow, I have just sat and read all of this and am amazed at the time and effort you guys have put in, must be rewarding to see the outcome I found this site via MSE but have not posted here before. I should really start up a new thread as this will probably get lost in here with this one as I do have a situation and the days are ticking! Was particularly impressed by creditcardmug and docman for what looks like hours or work on that defence! Is that normal for a defence to be that long?!