Paul, Just had a letter from Next stating that as its a small claim s.31.1(2) means that I cannot claim breach of CPR 3.1 for non-disclosure. What do you think?

Is PT still with us? Wonder what he would say? I have had some joy with having cases stayed, as they could not provide a true copy of the executed agreement.

Hi AJ I had over £3,500 alleged debt with Shop Direct. I sent them the standard cca request and then this letter when they didn't respond. Send them the following letter amend to fit: If they have passed the 31 day milestone complain to their local TS http://www.tradingstandards.gov. uk/ Dear Sir or Madam Thank you for your letter dated xxx the contents of which are noted. I do not acknowledge any debt to your organisation. The reply received does not fulfil your requirements under the Consumer Credit Act 1974 as I have not received a copy of an executable credit agreement with my signature on it, your failure to do so within the required 12 working days (by xxxx) meant you are in default of my CCA request and the account remains in dispute. My request remains outstanding; a blank application form, as sent, does not constitute a signed copy of a credit agreement. You had a further 31 days until xxx to comply with a copy of a properly executed credit agreement, therefore, you have now committed a criminal offence and I may report your conduct to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Additionally, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this account is not enforceable in law. Furthermore, a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: a. You may not request any payment on this account, nor am I obliged to offer any payment to you. b. You may not add any further interest or charges to this account. c. You may not pass this account to any third party. d. You may not register any information in respect of this account with any of the credit reference agencies. e. You may not issue a default notice related to this account. Be advised, the CCA is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached a valid or regulated agreement. I look forward to your response within the next 14 days Yours Faithfully They have subsiquently said that they will not pursue the debt AT ALL! They have tried to put a Default on the account, but I will challenge this too. Good Luck

High, got my letter last week claiming judgement and that they WOULD be granted an attachment to earning. Offered to accept the £50 a month (for now) routine. All a load of rubbish as my case was stayed 18 months ago due to no CCA or NoA. Court confirms case remains stayed and unlikely to re-open due to delays. Steve

Electric/Laiste Any news on this? I have had exactly the same response on my case nothing happening AT ALL.......................

Electric, sooo sorry to hear that they are giving you a hard time! I had hoped that you had won this battle. What have the courts said to you about the determinatin meeting? I have no idea whats going on (legally) half the time:confused:

Hi guys any updates electric? I completed and returned my defence, got the court acknowledgement. Week later I have just got some letters from Arrow. 1) There is a screen capture of the alleged debt; 2) There is a copy of a scan of a copy of a supposed deed of assignment. It does not mention me the alleged debt, just two parties. One of the parties is Arrow, the other is called Homeloans? Never had a loan with these guys, how odd

Why do they play these games, surely they must be bound by a code of conduct or professional ethics?

Wow, funny that is the EXACT same letter they sent to me. I chose to disregard it! When I got the usual chasing phone call I stated that I owed their client no debt, that I had requested and not received the CCA or DOA and that no further discussions would take place until these were provided. I was subsequently issued with a default notice and Court Summons within 7 days of each other. I have filed my defence requesting a stay as I still have not received a copy of the CCA or DOA......funny that!

Electric, did you get your AQ sent off, what were the key points?

Hi electric, I got a PM from Laiste today, so she is well, but very busy.

Hi I am in the same boat, but have received the county court summons, see my thread http://www.consumeractiongroup.co.uk/forum/general-debt/96300-arrow-global-receivables.html and this one from electric lemon http://www.consumeractiongroup.co.uk/forum/general-debt/73679-illegal-ccj-account-desperate-8.html

Hi Laiste I filed the AoS online last night, so 7th June 2007. So I assume that I have 28 days from today to file my defence????? The letter to disclose the information will be posted special delivery on the 8th (tomorrow!) special delivery giving them 10 days to respond. No CCA or DoA in post today... They seem to have the incorect date for the cradit agreement on the claim form.

Have been doing some more research, If you are having problems with Arrow try this link aswell http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81311-dencha-arrow-global-receivables.html#post891280 HELP, I have just noticed that the default letter from CBS Transcom is dated 24th May and the court claim form 30th May, they have given me 7 days, reading other threads I believe they are required under the CCA to give me 14!......is this correct

Dencha I am in the same boat as you with Paragon/Arrow. I have requested both the CCA and deed, but no joy. They have issued me with court papers. Here is my link. http://www.consumeractiongroup.co.uk/forum/general-debt/96300-arrow-global-receivables.html It would also be worth taking a look at this link, laiste seems to know what she is on about. http://www.consumeractiongroup.co.uk/forum/general-debt/73679-illegal-ccj-account-desperate-8.html Just worth noting that on the claim form the date they stipulate is not the date of the agreement I have asked laiste for some advice. They phoned me the day after sending out the court papers saying there were willing to accept a lower monthly repayment.......no chance:x