Thanks Ford. I have clicked the red triangle on your last message as advised - but it states 'only to be used to report spam, etc'. Am l clicking the right place? Its late so l guess no response til Sunday anyway. Thanks for yr advice and pls keep looking and add anything you think might be useful.

Ford...thanks again...l sent SAR to OC as soon as SD was received, but they have 40 days to reply and court case is this week - so l'm not going to get this info in time for my appeal. I applied to the court for an adjournment, and paid £30 for the privilege of the judge refusing it, unless claimant agreed, They refused. No notice of assigment received only DCA telling me they owned the debt. Then in a later letter they stated they were not the creditor under CCA. So l don't know and won't know in time if DCA has equitable or legal assignment. I really needed more time to make my case - but now have to work with what l have available. Any thoughts on this?

Ford - thanks - yr answer is exactly what l wanted for confirmation. DCA stated 'will terminate' agreement on a date which was within 14+2 days of dates shown on DN. Therefore, l understand recision has occured, there is no agreement in place anymore and, therefore, they cannot now issue a new DN to rectify this (unless l agree to this - which of course l won't). Can you pls confirm this? Many thanks...................Valdez Am in court next week so would appreciate some concise help with this pls. Since swearing my affidavit at court, some new information has come into my hands which l believe is essential to my appeal. I need to know just what l have to do to have an additional statement/affidavit containing this info added to my original so that l can use it in court. Do l have to go to the court again and swear on oath again? Is there a particular form l need to complete? Or can l just write to the court/judge advising l wish to add info to or amend my original affidavit. This is vital....PLEASE....any help much appreciated. Many thanks.

Thanks for that Colin & Ford Re your last comment, Ford - it was my understand that a further DN could only be issued if the debtor consented to this (i.e terminated agreement = no agreement to issue a DN against)? Can you or anyone clarify pls - l have to get this right first time Thanks........Valdez

OK thanks Miss M.....will have a look at that over a nice glass of red! I am confident l have a case but still worried about the judge! Enjoy your lie down!

Bump Can someone pls look at my previous question and advise?

Hi Miss Muppet...thanks for yr invaluable info...soumds like you were put through the mill by an outrageous judge initially, but you won in the end....and don't worry about 'stalking' me, l need all the help l can get. Have been away, but am due in court next week and need to get this right. Can you (or anyone else) pls point me to the CCA section which states OC must issue Default Notice before selling/assigning a debt to a DCA? I have found most other relevant info for my set aside appeal but can't find this bit. Thanks again.......Valdez

Hi Dannybro... sorry to read your story. I am in a similar position with AG and have received some good advice from the forums here. May l suggest you check if A&L issued a Default Notice prior to selling/assigning your account to the venemous Arrow Global? If so, is it in the required format with sufficient time for service (2 +14 days)? Check this even if you received a Default Notice direct from AG. Also check if you received a Notice of Assignment re this account. Blackbear's thread in legal issues has some good info on it. They sent me an illegible application form copy + some t&cs also. AG is a very agressive DCA who flaut the law and will not co-operate. You need to put them on the back foot. Also complain to OFT & Trading Standards about their methods. Good luck from Valdez

Miss Muppett...thanks so much for your reply. I feel l am not getting much help with this very important issue, so yr post is especially welcomed. I am reasonably intelligent and logical and have been trawling the forums, CCA, case law, other threads and have pages of notes and printouts from which to research, prepare and rehearse my appeal for set-aside of SD and l am getting there, l think. But my specific question is this: OC never sent me Default Notice. They then sold or assigned the account to DCA, whose first letter WAS a default notice - no communication, no demand for payment, just a Defaullt Notice (which is also invalid due to inaccurate timescales) - so where do l stand with this? Additionally, there is no notice of assignment, just a letter (2nd class) from DCA telling me this is so. I have long paper trail and all my corres has been by recorded delivery, unlike theirs. I had previously been in serious dispute for many months with OC who wrote giving me 8 WEEKS to continue/respond to the dispute, 15 days before l received DCA's Default Notice. But if l disclose this, am l not then admitting the debt exists and may be enforceable? I believe l have a strong case, but am worried none the less. Particularly as l have read so many threads about county court judges ignoring statutes and allowing DCAs to take the moral high ground (laughable l know!) Advice very much welcomed - they are going for bankruptcy and l could not face this. My wife is cracking up and, though l am trying to be strong, its getting to me too.

Subbing with interest I have a similar case - no default notice or termination notice from OC before they passed debt to DCA who have issued a statutory demand. Can anyone confirm for sure that OC havs acted incorrectly and point us to the relevant CCA section(s)? Very best wishes to you Colin!

Way back in 2006, while the account was in dispute, MBNA 'assigned' my account to a DCA without informing me, without sending a default notice and without a termination notice. DCA then immediately issued a (invalid) default notice, then termination notice, ignored CCA requests for two and half years before sending application form and a set of terms & conditions which they claimed was an enforceable CCA agreement. No sign of original, then they served a statutory demand which l have applied to be set aside - hearing in late May. Is this unlawful recision? Have tried other threads but am not getting many responses to my problem. Really need advice/clarification. Have spent hours working on this but am still confused. Seem to have them on DN, no original agreement, abuse of process (using insolvency service as a means of debt collection) and possibly unlawful recision but need other opinions pls. HELP PLS!!!

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Can a site team member pls help with this? Just looking for my thread UNFAIR COURTS SYSTEM as l posted at 1032 today and was hoping for a reply from Sequenci, but the thread seems to have vanished. Cannot find it in Gen Debt Issues or in Legal issues sections Pls advise what has happened - l really need to pursue this Many thanks

Thanks for your comments I have joint ownership of family home DCA is Arrow Global, who do not seem to have any understanding of the law or of OFT guidelines. I have complained to OFT and will write to Trading Standards. It genuinely took them over two and a half YEARS to send me an illegible application form and some terms and conditions which have been presented as my copy of a consumer credit agreement. I have sent CPR request to try to establish if they have an original signed agreement with all the prescribed terms. Have also sent SAR to OC. Any advice welcome thanks.

Having a bit of a moan here... I have to defend a Statutory Demand from a DCA, even though they have not been able to provide a properly executed, signed original credit agreement in over THREE & A HALF YEARS, even though they are using the Insolvency Service as a means of debt colection and even though the account is in dispute and they are in default. The court gave me less than 3 weeks for a hearing date. I need to make a SAR to OC (40 days) and give DCA 21 days to reply to CPR request. I don't have time for this and cannot prepare my set aside hearing appeal effectively without responses to these requests. I wrote to the court and have today received a reply advising l have to PAY £30.00 to request an adjournment, with no guarantee the judge will grant it!!!!!! I know the judge and he is not the sympathetic type. Plus, if he says no, l have lost another weekend in preparation time. They are trying to make me bankrupt via an abuse of process, yet l have to take time off work and spend money in order to have a hope of surviving! Call this JUSTICE? I certainly do not. The courts are out to make money from those who can least afford it. It's disgraceful. Comments please.

ARROW GLOBAL & their accomplicies EVERSHEDS LLC Total failure to respond to correspondence - threats only - took over TWO & A HALF YEARS to reply to CCA request - issued SD without agreement = abuse of process - caused needless worry & stress to me & my family. A hateful pair of inefficient companies who abuse the law and, IMHO, should have their licences withrawn. Both reported to OFT & Trading Standards. WHEN WILL A JUDGE HAVE THE GUTS TO CLAMP DOWN ON DCAs/Solicitors like these and close them down????????????????

Just want to add my good luck wishes to Bobbydog! I am in a similar position with an appeal for set aside against an SD from Arrow Global. Can anyone explain why they should not cite the Law of Property Act 1925 in an SD? They have done so in mine. Also see my thread re complaints against AG - they really are not fit to hold credit licence!

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DX100...sorry l have now untwisted my knickers and feel more comfortable! DCA is Arrow Global. MBNA assigned debt to them in Oct 2006. I CCA'd AG in NOV 2006, but received no meaningful response until they sent an illegible application form photocopy + some generic t&c's in SEPT 2009 (yes 2009!). I have a complete paper trail. AG issued SD in March and set-aside hearing date is late May. Trying to keep this brief....but l don't believe they can produce original agreement. My main problem is not enough time to get SAR response from OC and whether CPR request to AG would force the issue?

I have noticed a considerable increase in the use of Statutory Demands by this DCA as a means of debt collection, which l understand is an abuse of process. Have now received an SD myself - even though they have received endless letters from me advising the debt is in dispute/default and even though it took them 2 and a half YEARS to provide me with an illegible photocopy of an MBNA application form and some generice terms and conditions!! I would like to get some idea of how many caggers have complained to the OFT or other bodies about this company's disgraceful abuse of the law and maybe show this to the judge at my set-aside hearing. Pls subscribe to this post and let me know if you have complained. If not, and you are in a similar position, l urge you to complain about this unethical company's methods. Many thanks.

I am now very confused about this! DCA has issued statutory demand but has stated it is not the creditor under terms of CCA. Have made a set-aside request and hearing date is late May. I was planning to send a CPR request to the DCA, but if OC has all the paperwork (or should have it), what will l achieve by sending CPR req to DCA? Also, as OC has 40 days to provide info l will not have time to get this before the hearing and will be unable to formulate my set-aside argument for the court. Can l ask the court for a rescheduling based on this? Am desperate for help here.....any advice pls?

DX ....many thanks

I have a Statutory Demand on which l have asked for set-aside, hearing date late May. Have read on here that there is no point sending SAR to DCA, but why? If OC has sold debt to DCA, does their obligation to provide information end there? And if DCA 'owns' the debt, do they not have an obligation to provide all documentation requested by SAR or CPR requests? Any guidance much appreciated.....many thanks

Bump Any answers pls???

Could someone pls explain exactly what was the aim of the Carey group with this claim? I have read various threads but cannot get my head around exactly what they were trying to prove. Sorry if l'm being thick, but this relates to a case of my own and l need to be clear. Many thanks.