Hi Paul There are only a few but most are default charges. Thanks for taking a look. Foxy

Anyone?????????? Thanks Foxy

Thanks Dotty - never thought of that. PS what did you think about my theory on the microfiche copies of the application form and t&cs?? - they were - if the sides were on 1 sheet then they couldn't possibly put them side by side to copy - as the top right of the 1st page appears on the top left of the 2nd page. Is this still relevant - the within four corners bit?? Many thanks to you guys for your continued support. I have attached my defence in word format. Foxy Defence mk 3.doc

Apologies peeps - have attached my defence this time. Comments welcomed on my above thoughts also please. Many Thanks Foxy Defence mk 3.pdf

Hi everyone I have redrafted my defence but I don't know if I'm including too much info and don't want to confuse myself. Also, having looked again at the agreement included in the CPR31.14 request from **** - it has got my correct address on and it differs to the one sent in my S78 request - so it doesn't look like they actually included a recon copy of my original agreement - just the present one!! So the £12 and £25 charges and minimum payment amounts don't really apply now However, I have scanned through the agreement that **** have sent with court docs and also the microfiche copy from LTSB of the application form. I have found that an APR differs - it states on both docs APR for purchases 13.9% new balance transfers is 9.9% However, for cash advances and cheques - it says on the SCM agreement 9.9% and on the microfiche copy it says 15.7% It also says that the minimum balance transfer is £250 on the microfiche copy of T&Cs and it says £0 on the recon agreement. It also says on the SCM recon agreement IMPORTANT - YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS The CCA 174 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, the Bank cannot enforce the agreement against you without a court order. Then it goes on to say about my rights to settle etc. This is not included anywhere on the alleged 'back' of the application form or anywhere on the front. Also, bear with me on the second page of the microfiche copy of the application form in the top left corner - you can see the top right of the 1st page - therefore they can't have been 1 page?? and also it does not contain my surname anywhere - only in someone else's writing (clearly not mine) in the top box?? Can I put them to strict proof to produce the original in court to prove that everything was on 1 page?? Any help is much appreciated as I have to submit my defence tomorrow. Thanks Foxy

Hi and thanks for your replies. AS - I know - they think they can play about with us and it really gets you wound up - think they ought to send the 'searchers' to specsavers Mould - thanks for your reply and your guidance whether constructive criticism or not it is much appreciated and I will not take it to heart. When you say about denying or admitting their allegation - is this of owing them the money? I can't deny that I have failed to make payments or recieve the dn or termination as stated in their POC. Will redraft tomorrow and post up. Many thanks everyone Foxy

Hi guys Thanks for your prompt replies as always - much appreciated AS - do you think I ought to take that bit out then?and just state about the bad notice? I had thought of that Dotty tbh - but will await PT (hopefully) to look at my defence and then will submit it online. Many thanks guys Foxy

Ok - here goes. I have attached my defence and based the layout on what I have received from ****. Bearing in mind that I am a court virgin :lol:so if I have the wrong end of the stick then please let me know asap as I need to have my defence in by Friday. Also, I have had another look through the docs and discover the points stated in my defence - am I right in thinking that I can send a CPR18?? asking them to swear that the rec agreement is a true and accurate copy? If I did this, a) can I request another extension (due to not receiving the application form agreement until a week after the first CPR docs) b) would it be worth it? Cheers everyone for your continued support. Foxy Defence.pdf

Okay - that is a very valid point - thanks Can I just ask - if I state the bad notice in my defence - can they then serve a good notice on what is a terminated agreement?? Is the formal demand the termination? Also, can I put in my defence that they failed to tell me that they had sent my account to a DCA?? - and also failed to supply me with a copy of my original agreement until I SARd them - claiming previosuly that they could not find it. I also received a letter from **** solicitors today - enclosing my 'executed agreement' - which was a copy of the application form that I posted on here previously. The other one I received within my SAR documents - which there doesn't seem to be much of tbh. Thanks in advance. Foxy

Pt - would you be kind enough to pm me the wording that I should put on my defence. Many thanks Foxy

Anyone?? opinions on what I should do under the circumstances?? Thanks Foxy

So that's it then -game over - I don't know how to word my defence (if I have one or a strong enough one). ??????????????????????? Think I'm Thanks Foxy

Peter - I have tried in vain to do searches and I never find what I am looking for - but it is not for the want of trying!! Mould - thanks for your reply. So that's it then -game over - I don't know how to word my defence (if I have one or a strong enough one). Think I'm Thanks Foxy

Hi CB and thanks for your reply. The Act is referring to the docs being posted so therefore deemed received. Pt2537 said that they have sent me a bad DN (see previous) he has quoted a previous case. Another thought that I had was - when they pass your account onto DCA (ie BLS collections) do they have to advise you of this as LTSB never did. Also, if they send you a bad DN - can this be corrected after they have served a formal demand (is this also called a termination notice)?? They sent me an application form which looks like a microfiche copy - but not sure if the T&Cs that came with it were on the back of the document. How do I get them to confirm this? would they do so? Many thanks Foxy

Anyone??????????? Thanks Foxy

Hi everyone I have received the docs from my 31.14 request. They have sent me statements (1st one is dated 23/2/00??) Then in the letter it says they have enclosed a reconstituted copy of my agreement and copy stats from Feb 2000. They dfraw my attention to Carey V HSBC where judge found that:- - to comply with Sect 78 creditors may reconstitute agreements and not obliged to provide the original signed agreement (or have sight of original to reconstitute) so long as the recon is 'honest and accurate'. - the recon copy shld contain the name and address of the debtor and, if app, the short form cancellation notice which appeared on the signed agreement. It says - as per court ruling by Waksman "The debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution but as info". Therefore we need only provide a "recon" copy of the original credit card agreement. Then it goes on to say about the default notice datedc 29th June. ON 30th July \ formal demand letter was sent to me at the address on record - they have no copies of these docs as they are not retained and also no proof of postage - says something about Interpretation Act 1978. Then they say that I failed to remedy the breach so a court claim was issued on 14th Feb through CCPC - the particulars of claim were kept to a minimum as only 1080 characters are allowed. They say about practice direction 7c 1.4(3A) whoch removes the requirement for copies of docs referred to in the POC to be attached for claims issued by CCPC. They then say that whilst they await my defence they are instructed to advise me that the claimant is prepared to agree to settle the matter by Consent and if I am prepared to accept liability for the debt to telephone their office with my repayment proposals. Any thoughts?? and what do I put in my defence????????? Cheers everyone Foxy

The bit about bad notices?? Which can then be corrected?? Ps - I still haven't received the docs under my CPR 31.14 request - they had until today to send them as I have to submit my defence by 22nd April. Foxy

What do I do then pt2537?? Foxy

Cheers Lou. pt2537 No - it doedn't say anything like that. It says:- If the action required by this notice is taken before the date blah blah and if it's not blah blah. Then on the 2nd page it says If you are having difficulty in paying any sum owing under the agree't or taking any other action required by this notice you can apply to the court which may make an order allowing you or any surety more time. If you are not sure what to do, you should get help asap, for example you shoudl contact a solicitor, your local trading standards or your nearest CAB. The date on the notice is 29th June 2010 and it gives me until 19th July 2010 to pay the arrears. Thanks Foxy

Hi - sorry for the delay - my scanner is playing up. I have attached the 1st page of the default notice - they are asking for the arrears in this doc. Thanks Foxy

Will do pt2537 - but it will be later - will do it as soon as. Cheers Foxy

Hi pt2537 and thanks for taking a look at my thread. I posted this on one of my earlier threads when undercover elsa asked if I had the default notice : - I am unsure as to whether I have found the default notice (if not I shall continue to look) - I have found a doc that says default notice - it does state my balance and the arrears amount - it's dated 29th June 2010 ands gives me until 19th July 2010 to pay the arrears. I'm intrigued now. Foxy

The recon does differ but I have just read the guidance that they sent with it and they state that they are allowed to send a current set of t&cs to comply with sec 78??? I'm totally lost with this and they only extended to 22 April to have my defence in by. Just looked am my previous thread and by the dates on there - their reply said at the latest within 28 days from the date of my CPR 31.14 request - which was 8th March - so they have until 8th April to send the docs to me. Foxy

Hi guys and thanks for your replies. It's not looking good is it? When they sent me the recon agreement - it stated the £12 charge instead of the £25 it used to be - however - on the T&Cs that came with the application form there is no mention of these that I can see - if someone could double check - I also don't think that they have included everything that is on the microfiche T&Cs. They also sent me a letter saying that they could not find the agreement but would keep looking and send it to me when they found it - which they have failed to do until I SARd them - this is ironic really as they could have sent it me when I first asked them for it. Does this have any weight on the case?? - as this could have possibly been avoided if they had been honest (ha) and complied in the the 1st instance. Elsa - how do I word the request for the CPR 31.14 docs - they have only sent me the application form and I requested copies of -----the agreement----- the DN ----- statements ----- and the termination notice. This was sent on the 23rd Feb - I would have thought that I would have had them by now. Thanks for your replies Foxy

I received the last docs from my SAR and there is only a few docs there. They have sent me a supposed SAR reply and it does not have any statements with it at all. Neither does it have the letter where they replied to me with the recon t&cs stated (I have still got that though) - it just has a few letters from me and their replies. There is also nothing where it shows the debt being passed on to the various DCAs and the numerous phone calls they have made to my landline number (albeit they weren't answered - some messages were left). There is no copy of the DN either. What are they playing at?? Foxy