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Ok, that info is very interesting, should I go this route even though I have already sent prelim letter and LBA letter requesting that they remove default as in template letters, or do I go straight to N1 form with claim of £312 plus removal of default notice?

Well blimey, dca supplied cca but not any signed agreement from my wife to any payment plan to the dca, do we ignore this new demand letter or request the non produced (and as i believe) non existent signed agreement

ok, I cleared account on the very day I received the letter from capone informing me that they had filed a default against me. What chance do I have of getting the default removed?

Thankyou lookingforinfo, As usual you have the answers I need. Hopefully this should be the end of the matter.

Sent cca request to Aktiv Kapital on 6th Nov, recieved acknowledgment of request on 10th Nov. 12 day deadline ended 22nd Nov today recieved message on phone to contact Aktiv Kapital They have failed to supply cca so can they still pursue the debt?

Thanks Rooster, that was the answer I was hoping for. will progress as you suggest

Last month my wife received a demand for payment of a debt from a dca in her maiden name, we know this debt is over nine years old because we have been married over nine years. As we had no knowledge of this company contacting us before about this debt my wife wrote to them with the standard statute barred letter, they then replied saying that she wrote to them in 2002 agreeing a payment plan. They even produced an alleged copy of their reply to the plan, but not my wifes letter to them. I know she would not have made any agreement as she has always hidden any letters (from dca's) from me. My question is where do I go from here, we have no record of this debt (9 years ago) and I certainly do not know of any agreement made to this particular dca.

Rossendales, uselessdales more like I am sorry that you have to deal with these idiots, I too had dealings with this company, totally unhelpful, arrogant Bailiff MR WOOD, I was charged £72.50 for him to turn up at my house at 6.30 am claiming to take my belongings, but did not even knock to discuss (he had no intention of doing so), refused to accept standing order payments so I had to take time off work to go to the bank. Try all that has been advised to you, but be warned uselessdales will not help you at all.

with the Arrogance of the bailiff I am dealing with, I will not put my family at risk, and the dog is part of my family, so I have paid the idiot to get rid of him.

AND THE DRINKS ARE ON ME 5.30PM amount claimed in my account with no conditions For some reason the interest was not? I worked out that the interest to date was £1089 on the original claim of £4100 the first being a charge of £27.50 on 1st August 2001 this being 2285 days worth of interest = £13.82 or have I got it wrong and the interest is only calculated from the day I first claimed: total claim £4100.50 Claimed 19th May 2006 = 168 days interest = £151.55 interest? either way should I write to SCM in order to get the interest?

2nd November 2006 Contacted Sechiari and co today to request when they intended to supply their documents so that I could prepare for our meeting in court, Surprise surprise, they had no knowledge of the hearing as they did not recieve the notice from the court, even though I reminded them in my letter to them when I sent the pack to them, However they have contacted the court and will put something together today. Should be good!?

Ok so the bailiff can break entry to access my property, NEW QUESTION I have a German Shepherd dog, will the bailiff attempt entry, if so would my dog be in danger of harm if, as he is trained to do, my dog defends his home from what he believes is an intruder.

I thought that signing the walking possession would be my achilles heel, however the letter you offer will makeit worthwhile to give these people something to work on. Thanks.

Thanks for that, It will be most useful.