THe Judge in my case also stated, that once legal action is started then you are seeking to termnate the account. Will the account still be running after the court proceedings? No it will end.

They claim that by reducing credit limit to O that all sums become due! This was laughed out of court by the judge in my case as obviously does not affect amounts already owing, which are are running a credit agreement, only future borrowing!

They need to provide a Default Notice, together with proof of posting. Their arguments that neither is required is a red herring.

Hi It may be a good idea to concentrate on lack of Default Notice. Had a recent case management hearing with Morgans/Cabot wich lasted about five minutes. Judge told them their arguments for not supplying a default notice were ridiculous. 1.They were seeking to terminate by bringing court action. 2. Reducing credit limit to O does not mean that they are not seeking earlier repayment of a debt. Asked them again if they had supplied a default notice or not to which the answer was. "it appears not." Immediately struck out the case to which the solicitor said "we will appeal." Told "you dont have a hope in hell." "In fact I will write on here permission to appeal refused." so all over in five minutes and the only words that I spoke were a thank you sir to the judge!

Anyone had any dealings with these jokers? George

So Cabot DO take people to court then! Seem to recall from posts several months ago it was implied that Cabot always back off and never enter into litigation? Anyhow well done with the case so far and very best of luck. Regards George

Great news should they finally be forced to disclose true costs!

??????????????????????? I think your reply was sent in error! George

The alleged agreement was taken out in 1996 George

Three months after a CCA request I have now received copies of statements going back 8 years, notice of assignment and copy of original application form for a credit card. The application form is signed by myself and creditor, however, does not contain any terms and conditions only refers to being bound by conditions of use should the application be sucessful. The document is headed Application Form. I had previously written to the creditor after default, 12 working days plus one calender month, stating that I did not aknowledge any debt and that any debt could not be enforced. I stated that in my opinion they had commited a criminal offence by non compliance and any default notice should be removed. 1. Would the original application form constitute compliance to the CCA request without any terms or conditions relevant at the time of the application, in 1996, not having been supplied? 2. Should I just sit quiet and wait and see if they now continue to persue the alleged debt, despite the arrival of the documents three months after the request? Should I ignore any further correspondence? Any help or advice gratefully accepted George

Hi Elsinore Thanks for your reply. Following my CCA request MS replied by mail asking me to phone them. I replied stating that I would only deal with the matter by letter and that the clock was ticking and that I would have no further contact until they had complied with my request. They wrote again after the deadline stating that they do not have to supply unless I send proof of address. I have made payments by postal order so it may not have been evident my address had changed. Does the CCA allow 'extra' time in addition to the 12 days for creditors to request address information? I am quite sure they have access to information on me including my address. Surely the onus would be on them to verify this information to comply with the CCA within the timescale and not for me to prove where I live. When they contact me to demand payment surely they will then be accepting that they knew my address all along. Many thanks for your help George

Sent CCA to Morgan Stanley and a week after 12 day deadline they have written stating that as my address has changed from the last one they had they require me to supply proof of address and that 12 days will start to run once I have done this??? I moved address 18 months ago but have been paying token monthly sum towards the debt for past two years!! I do not intend to make any further payments until they supply a copy of the original agreement. Do I need to provide them with evidence of address? Will they need me to supply proof of address if they now try to enforce the "alleged" debt!!!! Any advice please Thanks George

Have sent the following. Morgan Stanley appear to have shot themselves in the foot as far as I can see. They cannot fulfil their statutory obligation to supply documents because I have changed address! Does this then mean that they will view the situation differently should ever they try to pursue any alleged debt, in the fact that I have moved makes no difference? As soon as they make contact with me regarding the alleged debt, at this address, it proves they should have supplied the information in the first place! Thank you for your letter of the 13/10/06 (no reference No) confirming the receipt of my fully documented request for the supply of a true signed copy of the agreement between myself and youself and the enclosed £1 postal order in payment of the statutory fee, PO Serial Number 1005826198. Under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) this is my right - your obligation also extends to providing a statement of account. The legislation further provides that the information should be supplied within 12 working days from the request. Should the creditor fail to supply the information required within one month a criminal offence may have been committed. Thank you for your invitation to call you. As previously indicated to youselves all communication should be in writing, so that an accurate record of everything that is said can be maintained, should this be necessary at a later date. Should I not receive the required documents from you within the required time scale, I will not enter into any further contact with yourselves or your agents, as allowed by law, until the statutory requirement has been fulfilled. Please update your records marking the account as ‘in dispute.’ I therefore look forward to receiving the required information in the next few days. Thank you for your cooperation.

Wondered if anyone could help please. Have been paying monthly token payment to Morgan Stanley for a while now. I moved home about a year ago but have continued to pay regularly. Sent a CCA request for copy of original signed agreement and received reply yesterday. They have refused to supply agreement as the address that I now live at is different from the original one related to the account. Usual story asked to call to discuss the matter. Giving me 14 days to do so or file will be closed!!! bloody cheek. I will of course not be phoning! Is this delaying tactics? Should I reply thanking them for confirming my request and remind them the clock is still ticking and they have but 12 days or I will no longer acknowledge any debt and cease further payment until they produce the documents required? Many thanks for any feedback George