Oh !!!! why dopes everything have to be so grey instead of simply being black or white, no wonder solicitors make a lot of money....

I have been supplied with a re-constituted CCA (photocopy single sided) with my name and address at the top, but it doesnt contain any signatures. basically its just the t & c's. rgs andy_l

thanks Tonster are we saying that if the original (copy) CCA with my signature is not supplied in court then the debt remains uneforcable.....is that cut and dried or would it be for the judge to decide ? rgds andy_l

thanks Shadow. the Default Notice served under Section 87(1) of the Consumer Credit Act 1974 was dated 6th Jan 2010 and sent by Citi to me. rgds andy_l

Hi Guys It looks like my only form of defence is now to complain that I don't believe the claim against me has been made in an intimidating fashion and has not followed the correct protocol. Court case stayed until 11th May 2011. in Sept 2009 I applied to Citi for CCA etc under the 974 S78 act together with my £1, I received nothing. Default Notice served while Citi in default. Notice of Assignment to Cabot served while Citi in default, other than letter from Citi, no proof of assignment (deeds etc) supplied. SAR sent to Citi, full statement of account not supplied. 6th May, Morgans supplied copy of reconstituted CCA, stating they now have enough info to enforce claim, and they do not need to supply full statement of account to quantify debt. Looks like I'm on a sticky wicket, any advice please ? rgds andy_l

hello.....

Hi Guys I got a reply back from morgans (see attached file). Along with these letters came to copies of agreements (basically one dated 01-09-2002 and the other dated 01-11-2009) both of which are titled Credit Agreements regulated by the Consumer Credit Act 1974 and contain my name and address at the top BUT do not contain my credit card account reference number, ie they are photocopies with my name and address at the the top as well as Citibank's. The attached letter from Citi The Debtor's Credit Agreement Request is dated 8th April 2011, which means morgans obtaiuned a copy of the CCA's within weeks of asking, whereas, I the customer couldn't get one for love nor money since asking since Sept 2009, so I'm a bit miffed about that. In morgan's letter, they state that they are under no obligation to provide a full history of the account, so how am I supposed to deduce how the final alleged debt was arrived at and whether it was correctly calculated. Also the court stayed procedings until 11th may 2011, yet morgans are giving me another two weeks to respond to there letter which goes beyond the 11th May. Will I be getting a letter from the court soon ? Any ideas where I should go from here ? many thanks andy_l morgan reply 06052011.doc

Attached is the only reply I received from my CCA request, ie two letters thanking me for my complaint, and nothing else. I shall write a letter of dispute to CSL. I suspect at some stage I will receive a re-constituted CCA and I shall then scrutinise the CCA to see if it is valid and also be looking for a PPI contract as I know I was paying PPI, which suddenly got cancelled in 2009. Strangley enough none of my credit card statements show PPI as a separate item, is that normal?. rgds andy_l cca reply oct 2010.doc

Thanks Bazooka Boo Attached is the latest threatening letter, I've had at least half a dozen or so, each one slightly more intimidating. My s78 CCA request along with my £1(etc) to Lloyds TSB was made in Sept 2009 andwas never honoured by Lloyds TSB. Looking through my records, I can find no Notice of Assignment, assigning the debt to Credit Security Limited. I've ignored all of CSL's letters, so should I ignore this one, and write a letter of dispute if and when I get a solicitors letter? rgds andy_l csl_26042011_forum.doc

Hi Guys Can a DCA take me to court for a credit card debt if they don't own the debt, ie the credit card company have not issued a notce of assignment and have not sold the debt to the DCA. If the DCA can take me to court without the above (I assume the DCA would be acting on behalf of the credit card company somehow), what paperwork etc do the DCA need to accomplish this? rgds andy_l

thans bb

Hi guys should a CCA or even a re-constitued one show any PPI ? regards andy_l

Hi guys I have to reply to the court by today with my negotiation settlement.....andy comments please rgds andy_l Morgan Solicitors 5 Mitchell Court Castle Mound Way Rugby CV23 0UY 27th April 2011 Cabot Reference: In the Rugby County Court Cabot -v- Claim Number: Dear Sir/Madam, I am in receipt of your letter dated 5th April 2011 in respect of a settlement negotiation and after due and careful consideration, I offer the following reply. You will appreciate that I am defending myself and as such have no legal training in any such matters. On 11th December 2010, I made, what I considered to be a fair and reasonable offer to the claimant’s client Cabot Financial (Europe) Limited of £xxxx.xx to settle the account in full without prejudice with financial help from my family. Obviously this offer has been declined. I therefore withdraw that offer. Since September 2009, I have written various letters (in what I believed to be of the correct protocol and directed to the relevant parties) requesting a copy of the CCA and statement of account. To date I haven’t received this information. It is of my opinion, that the claimant has not conducted their claim in a correct and orderly fashion, but rather that it has been based on intimidation. The claimant has not sought to obtain a copy of the CCA or full statement of account prior to making their claim, which I would assume to be a pre-requisite to proving and enforcing the claimant’s claim. I would therefore question the validity of the served default notice and notice of assignment as the claimant is obviously in default of not having supplied a copy of the CCA and full statement of account thatI may view. With this in mind, I see no alternative but to go to court, whereupon I shall be asking the court to strike out the claimant’s claim and award any costs against the claimant. Yours sincerely,

Hi Guys On 21/09/2009 I sent the following letter to Lloyds TSB With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. I look forward to hearing from you. I received a letter from LLoyds TSB dated 23/10/2009. They supplied standard terms and conditions etc, but did not include a copy of the original signed CCA or a full statement of account. LLoyds TSB have at no stage provided me with a copy of the original CCA and full statement of account. After many letters/phone calls from LloydsTSB and various DCA's, as at 07/04/2011, Moorcroft are threating to take me to court for the debt of approx £11000.00 (see attached letter moorcroft_07042011). I propose to get in first and write a formal complaint letter to Moorcroft (see attached formal compalint template) detailing that I will ignore any claims until the contents of this letter have been satisfied. Am I right in thinking that a CCA and full statement of account must be provided before Moorcroft can prove a valid claim, although I don't suppose it will stop the normal DCA intimidation. Any comments please ? FORMAL COMPLAINT template.doc moorcroft_07042011.doc

It is a credit card DonkeyB. By writing my formal complaint letter, does that put the account into dispute, or do I need to write something else?. Also I assume I should be writing to Credit Security Ltd and not Lloyds TSB anymore. rgds andy_l