Hi there, try the following link:- http://www.consumeractiongroup.co.uk/forum/showthread.php?220066-Is-My-Egg-Cca-Enforceable

Is the case in the small claims court? Is the defective default notice the only part of your defence?

Hi Rocky, thought the following link might be of interest:- http://www.consumeractiongroup.co.uk/forum/showthread.php?208663-Tale-of-a-Dodgy-DN-Further-Discussion

Ok, time to send CCA to Lowells, template letter in the library, £1. postal order and don't sign the letter. Lowells will probably write back saying that they will send your request to the original creditor. This puts the account into dispute - they have 12 + 2 days to comply with your request. If they fail to comply you can if you wish cease payments to them. If they do send you an agreement, remove identifying details first and post on here for peeps to give their opinion using a free photoimaging site such as photobucket. Never speak to these people on the 'phone, they will just make you angry and tie you up in knots. If you wish you can also subject access request the original creditor, template letter in the same place, £10 postal order don't sign the letter and as with the CCA request, send by recorded delivery. You can then later using the royal mail track and trace site print off the slip confirming that you have sent these requests. If they start ringing up if/when you stop paying, don't speak to them, say "in writing only" and send them the harassment letter. Well done for taking the first step and coming on here for advice.

Hi, you could send a subject access request to the original creditor MBNA £10 postal order and don't sign, send by recorded delivery. They have forty calendar days to comply. With regard to the telephone calls when the free trial ends and if they start again, send them the harassment letter. By the way did you get a default notice and if so is it compliant?

Hi Lisa, Firstly congrats for getting all this written info out of them, I would think you defo have the grounds for a letter to them accepting their unlawful repudiation of contract. I show below a link to one of Fred Bassett's threads (always worth a read). They may well take no notice and continue chasing but then you put in a complaint to TS. I have done this with one of my OH's DCA's, the infamous Cabot, in his case no default notice, they passed it back to the OC, I SAR'd OC just to confirm my findings, now its been passed back to Cabot, next stop TS!:- http://www.consumeractiongroup.co.uk/forum/showthread.php?144299-Fred-Bassett-v-Cahoot/page4

Not unless you followed up the offer with payment. If they did go to court with this one you could tell the DJ that at the time you made the offer you were not aware of your rights under the Consumer Credit Act.

Hi lisa, is this "unlawful recission" on top of an unenforceable agreement as well? Have the DCA demanded the full balance? Did this confirmation from MBNA that the debt was sold before time to remedy come in written form? You could try to SAR them but in my experience they won't comply.

What a bunch of barstewards! Follow the instructions on the link below, failing that set the dog on them! http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

Hi ASR, can you post up the POC using a free photoimaging site such as photobucket, remove all identifying details first. Secondly I show below a link which should help, don't worry you will get lots of help on here as Dizzie says:- http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off-IMPORTANT-IF-YOURE-BEING-SUED

Hi Steve, Did the letter come from court or from their solicitors? If it came from the court then I presume if they comply you will then be ordered by the Judge to produce a witness statement. Have a look at the legal successes forum, you can often pick up tips from other peoples' cases and also type in Cabot in the search box above and all the members of the Cabot fan club should be available.

MBNA CC cat and get ready for the ever increasing phone calls at which point you send them the harassment letter. Also do not do an income/expenditure form for them, they have no right to this, only the court can order you to do this. Have a look in the legal successes forum as to what is likely to follow later.

Here you go:- http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

Hi Fossil, Triton are RBS' inhouse debt collectors, wish you luck with the request to stop interest/overlimit charges, they are not usually the bank that likes to be helpful!

Thats great, I can see it now and well done for taking the iniative to ring the court, looks like you covered every angle, looks unlikely but if it does go to hearing don't forget to send your costs into court 24 hours before hearing.

Sorry you haven't had any replies so far, probably because of holidays etc, so I'll try to help. Did one of these for my daughter and the wording does seem a little different from what I remember but maybe this is because the court is swamped by SD's from the likes of DCA's like Capquest! Did you set out the reasons for the set-aside as prescribed? I see that you have provided a link but can't access it, try posting on photobucket or tinypic imaging sites. Did you have it sworn in at the court? It may be that is because Connaught have stated that they'd formally withdrawn the SD, but you had no choice in the matter as these DCA's often say this and don't do it so you haven't dropped yourself in it at all.

Tried to get the link but wouldn't work for me either - have a look at the top of the forum - library and click debt collection/collectors.

Make a formal complaint to them, heading it in capital black letters formal complaint and send it to :- Customer Relations,Ground Floor,Natwest House,225 Shenley Road, Borehamwood,Herts,WD6 ITE Send it by recorded delivery.

Its a free photoimaging site, google it and then follow the instructions to post it on here.

Yes CB is right Boss, you have given them plenty of time send them the account in dispute letter. At the time of my appearance in court they were using Rankine v American Express Services to frighten people - they still lost because they didn't have an agreement.

Rather puts me in mind of mystic Meg - what was it she said "yooo could be lucky tooo!" Don't think this will wash with the DJ. They (Optimistic Legal) did this with me too, enclosing a blank "copy of an agreement", have just been looking at it, its dated November 2008 at the top, considering that they had already admitted by letter that they didn't have a copy of the application form -and my account was c.1998; they also supplied a very fuzzy copy of the terms and conditions, same date. Its rubbish, they can try to use this in court but will look very foolish.

Nope, they will get nowhere in court with that with a decent DJ, I had this with MBNA where they kept saying "the money is owed" - Judge said" but have you seen an agreement? " They said "No" Summary judgement dismissed and later they discontinued.

Looks to me as if they are up the duff on all counts HH - You would of course require them to produce the evidence that the original of this so called template default notice was actually posted to you, since they never use recorded delivery they will have a problem with this, I would have thought. The usual way of thinking with regard to the agreement is that they can produce a reconstructed agreement but would need the original to enforce in court and if it is c.1989 thats going to be unlikely!

Sorry don't know the answer to this but this should give you a bump so that someone else can come in to help you.

Hi Guys, Don't know whether the following link could help but here it is anyway:- http://www.consumeractiongroup.co.uk/forum/showthread.php?265332-Help-require-with-Default-Judgement-Redetermination-Set-Aside-Interim-Charging-Order-Final-Charging-Order