This letter means that they can't find your signed original agreement..............

Was just thinking that ..............................

Get ready for a long wait...................

For what its worth I agree with PT here and I think that the egg agreement is a multiple agreement and unenforceable but also of course you would then be able to claim a refund of the PPI too.

Send a Subject access request because what they have sent you is all they have to under s.78. Subject Access Request under the Data Protection Act 1998. I require all information you hold on me including the following: 1. a complete list of transactions and charges relating to my credit card history with xxxxxx . Alternatively, a complete set of statements that include all transactions, late payment fees, over limit fees, all interest & charges for that period will be acceptable. 2. a copy of my original signed consumer credit agreement and copies of any default notices issued in this period & any other documentation or information pertaining to me that you hold in your records. 3. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with your company. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. 4. If this account has been sold or otherwise transferred to another organisation for administration or recovery please supply details of the sums notified by xxxx to any such organisation & a signed true copy of the Notice of Assignment. Please state whether this was absolute or equitable. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Yours Faithfully

Confirmation that they don't have either a signed agreement or alternatively an unenforceable one. It seems prudent to find out before launching yourself on a possible road to court etc.

Good letter but the main problem is that at this moment in time the court isn't expecting you to file a defence or counterclaim as the Claimant already has judgment. You could say that it was frustrating your intention to make application to set aside default judgment I suppose but I think an application for Disclosure wiull be more effective.

If they don't respond to the Disclosure request within the 14 days you then make an application to the court for an Order for disclosure. On the same application you also request a stay in enforcement proceedings until the Claimant complies with the Order (i.e. stay the final charging hearing). Then if they still don't comply you can make application to set aside on that basis in that they don't have the CCA or default notice. The court process is all about tactics as you will quickly learn...............

If you want to - they'll just ignore it though:roll:

Subject Access Request under the Data Protection Act 1998. I require all information you hold on me including the following: 1. a complete list of transactions and charges relating to my credit card history with xxxxxx . Alternatively, a complete set of statements that include all transactions, late payment fees, over limit fees, all interest & charges for that period will be acceptable. 2. a copy of my original signed consumer credit agreement and copies of any default notices issued in this period & any other documentation or information pertaining to me that you hold in your records. 3. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with your company. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. 4. If this account has been sold or otherwise transferred to another organisation for administration or recovery please supply details of the sums notified by xxxx to any such organisation & a signed true copy of the Notice of Assignment. Please state whether this was absolute or equitable. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Yours Faithfully

To properly comply 1.unsigned true copy of original agreement containing the names and address of both parties. It doesn't have to be an actual copy. 2.copy of original T's & C's 3.Copy of latest T's & C's 4. Statement of account However and here's the rub the Creditor can comply by njust sending you T's & C's BUT then he is technically bound to that document as the agreement unless the Court agrees otherwise. Realistically the Court is certain to allow a crditor to produce additional documentation at a later stage

They don't need to provide an actual copy of agreement under s.78 so if you want it you will need to subject access them.

Then I would advise the above for both of you. The important documents are the CCA & the Default Notice. If the CCA is unenforceable then I would go for a Declaration under s.142. However if CCA is valid but the Default Notice is invalid then I would go for set aside of CCJ. It is important not to be wrongfooted by the Creditor at the court hearing for set aside if eg they suddenly produce documentation which you won't have had the opportunity to have examined for unenforceability and validity. Several times creditors who haven't had satisfactory paperwork (I can only assume) have discontinued their claim prior to final charging hearing.

Your first port of call is the firm you actually bought the sofa from under the SGA

Hi If its a current account then thats correct - if its a credit card then its not. Don't let that stop you issuing a claim for refund if its a current account because it protects you from limitation issues etc.

Yes because they can get away (?) with providing a true copy under s.77-9 CCA but have to provide a copy of original under a subject access request.

Sorry I thought that the Claimant had already obtained judgment here and that lisaf was concerned about a final charging hearing and possibly obtaining either a set aside of judgment on grounds of real prospect of defending the claim or alternatively obtaining a declaration under s.142 CCA 1974 that the agreement in question is unenforceable. However you have just advised me that I was wrong to think this and that in fact she is wanting to file a defence. I hadn't realised that she had only just received the claim form and has time to file a defence................... apologies for misunderstanding the situation. I would only advise what I have said earlier if the facts were as outlined above.

Did you do a subject access request under the Data Protection Act?

Agreed but then you can't at the same time request a stay on enforcement proceedings (i.e. charging order hearings) while waiting for the Claimant to comply can you? It would be prudent to know whether they have enforceable CCA and valid default notice prior to application to set aside if possible.

Then I think you should request the CCA and default notice under Disclosure giving the 14 days. If they don't comply then make application for disclosure and ask for a stay in enforcement proceedings untill the have complied with the order

But then I am an awfully suspicious critter and I tend to make creditors actually prove that the copy they produce really is a copy............amazing the numbers that discontinue their claims before trial.......................

I think the second page is yet another MBNA cut and paste. I have seen quite a few...............I think the prescribed terms in the thin curiously cropped column have been scanned on in an attempt to make it enforceable. I doubt the original page 2 looked like that.If that is the case then the agreement would be unenforceable. There are other give aways too................

Was the bosses loan secured as a charge at the land registry? Have you got a copy of the consumer credit agreemnet this CJ relates to?

It is very unlikely that both pages are linked. MBNA address is different on both for starters No linkage on codes at bottom of sheets Looks like a cut and paste to me

I would serve a Notice to Prove (Form N268 I think) the agreement asap