sorry could not post earlier as had to have computer repaired. THE POC The claimant claims xxxx for debt and interest. on xxxx the defendent entered into an agreement for a credit card with bank of scotland plc under ref xxxxxx. on xxx the defendant defaulted on the agreeement with an outstanding balance of xxxxx. on xxx the debt of xxxx was assighned to xxxxx and on xxxx assighned the debt to xxxxx notices of assignment were sent to the defendant in accordance with s.136 law of property act 1925 Defence 1. I,xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by xxxxxxx. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- 4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim. 5. On (xxxxxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond . On (xxxxxxxx) the defendant posted a request for a copy of the consumer credit agreement under the consumer credit act 1974 section 77/78, along with the statutory fee £1, in which the claiment had 14 days upon receipt of the the defendants request to supply the defendant with a copy of the alleged agreement. The claiment failed to supply the agreement within the perscribed timescale and still have not supplied the agreement, and as such are in default of the defendants request. Which would prohibit any such legal action/enforcement as per section 78 (6) "If the creditor under an agreement fails to comply with subsection (1)—(a)he is not entitled, while the default continues, to enforce the agreement" And likewise under section 77 (s.s 4 (A)) of the consumer credit act 1974 6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents. Statement of Truth also they sent a reply to the defence stating that i require thereconsent or order of court to change defense and that i currently dont have it also they state that as proceeding have started section 77/78 were inappropiate its been two weeks since i recieved the acknowledgement of defence letter and saying they have 28 days to decide to go forward or not else the claim will be stayed. the problem with there poc is is that the bank charged in and took 1000 but did not credit the account also the total charges such as late and overlimit charges amount to over 3000 with the 8 % interest so i would like help with the amendat defence or should i request that money directly from the bank oh and sorry for not including the dca just dont want to name them yet any help would be much appreciated

i did a sar and basicaly i had credit card which raked up 4000 in debt and was neverr able to make miniumum payment so in 2011 they closed my current account and took the money which was a 1000 now on the debt it was never credited but on another letter it stated that it was charged off my question is should i ask for that 1000 pound plus interest along with late fees and oner limit charges and how should i go about doing it they sold the debt on to a dca

hi my question is can claim money back on interst that occured from borrowin bassicaly im still in debt and i worked it out i borrwed 4000 and ive paid them 9000 as i was not able to keep up with the minumum payment so can i claim money back as i am still in debt with this account

hi ive found a paper in the dsar in the debt collection file which show a charge off date and that its placed in in house banking but the money was not credited to the debt but they use client account and instead of bank account detail but the figure is the same as the current account that they closed

from 2002 to 2005 they cancelled it

plus i believe they sent me a new terms and condition as i believe in 2002 the protection did not cover self employed and im self employed but the summary of the insurance they sent did cover full time employees

its 1st credit

it has the dca as claiment and that it was assighned to them i currenlty put in a embarred defence and just waiting for them to comply with my cca request the case is on hold at th m omment

how should i go about rectifying this

i have not spoken to them they sold the debt to a dca and currently going through ccj so i dsar thewm and just recieved the pack

i never read the statement so i had no idea that it had happend until i dsar them

no it was car insurance that i payed with debit but its coming up on my credit card

it happen in 2011

also i payed insurance with the debit card but it is shown on my credit card statement