The discontinuance application was stapled to the letter and I'll be on to the court first thing tomorrow.

This morning, 3 days before the second court appearance DG wrote to me saying that out of the goodness of their hearts their client had decided not to continue with the action. In other words, "you called our bluff so we'll slink back under our stone". Just want to thank you guys for all the help and support you gave me.

It is DG who have issued a County Court Claim form even though they admit they have neither signed agreement nor a copy of the default.

Thsese are the relevent ones.

Hi! This is my first post on here and I'm looking for a bit of advice. I have been though the long route seen often on here of 'if you claim I owe you the money, show me the agreement@. HSBC have written to me admitting that they do not have the agreement but have issued county court proceeding against me. I have submitteb the defence as follows:- 1. I XXXXXXX of XXXXXX am the Defendant in this action and make the following statement as my defence to the claim made by HSBC Bank Plc. 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. 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 courts attention to the following matters a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim. b) A copy of the purported written agreement that the Claimant cites 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 form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. On receipt of the claim form the Defendant sent a request for a copy of the agreement which forms the basis of this claim, this was sent special delivery and signed for by a Mr/Ms Whittle at 08:16 on the 20th July 2010. The acting solicitors have not seen fit to respond to that letter. 5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof. 6. The Claimant pleads that that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award: The general rule. 2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974 7. I respectfully request the court’s permission to submit an amended defence should the Claimant file fully particularised Particulars of Claim. Statement of Truth I XXXXXXX, believe the above statement to be true and factual Signed Date 4th August 2010 I then wrote to the solicitors stating the above. They have replied basically saying that they don't need the agreement and if I do not sign the enclosed 'Letter of Consent' (that will never happen) to withdraw my defense they will continue to apply for summary judgement. My understanding is that without any formn of signed agreement , they are just trying it on. I would however be very appriciative of any advice on how to go from here.

Hi all. Not sure if anyone has come across this before but I now have 3 instances of it. Barclaycard, HSBC and LLoyds TSB have all written to me ( I cca'd them all and got nothing so I stopped all DDs) stating that "We can not find your signed CCA but we know because of our proceedures that we would have one (yeah right). Therefore we insist that you continue making payments as demanded. Having been playing the letter counter letter game for a few months with them now, what I want to know is, is there any way a can really go after them for trying to enforce (endless telephone calls) an agreement that they admit the can not produce. Ta.

Just to say that you must keep going no matter how much they try to put you off. I've just got £1,138 back. Now I'm going after the others.