Thanks for coming back, is there a standard format for a defence, or is this just in the form of a letter to the judge - sorry if im being thick, previously when i have submitted a defence it has just been a case of filling in a form that the court sent to me - no form this time though...

Anybody??

Anyone, I really need to compile a defence for this...

Hi Thanks for replying, the deadline is 7th december, it is definitely from the court, send to court. I am struggling with finances as it is and not sure what will happen if this goes the wrong way! Although I am sure everyone is struggling this time of year

Hi guys, any ideas?? I have now had an order from the court asking me to file a defence? Really could do with some guidance!

Thanks!!

Does it not matter that there is no Credit Limit on the agreement? it just says "we will write to you and tell you what your credit limit is" have searched around but found conflicting information...?

I cant remember in all honesty, I don't have any printouts of the application. I know that I wouldn't have used a comparison site, and I wouldn't have used my old address as this means the card would have been delivered there - which obviously wouldn't be any good to me. The only time I would have entered that address was for the previous address information...

I have no idea! I certainly wouldn't have entered it as I wasn't living there at the time, that was a house I was renting, I moved out on 30th November as I picked up the keys to my new place the same day.

Hi all, thanks for your input, it was indeed an online application, and the address was indeed incorrect, it was my old address on the agreement I had moved about 2/3 weeks prior to this agreement being formed. How should I respond, all i have had so far is a letter from the court stating the case will be stayed pending written confirmation that the documents have been sent. Then I had the documents through from Cowards and Hoes with a covering letter saying a copy had also been sent to the court, have heard nothing from the court yet... Not sure what to do next!

apparently the agreement was taken out in december 2006?

Hi all, sorry for the delay, here is my agreement, or the one they have sent me anyway...22-11-2010 22;28;53.pdf

Would really appreciate someone taking a look and letting me know what my next steps should be...

22-11-2010 22;26;10.pdf

22-11-2010 22;26;50.pdf

22-11-2010 22;28;20.pdf

22-11-2010 22;27;32.pdf

Hi, I have just noticed that they have the incorrect address on the CCA, they have an old address but I had moved out of there 2 weeks before this agreement was signed - will this help my case?

Thanks, I will scan the CCA in when I get home tonight and post it up for all to see, I really hope there is a way out of this!

Thank you!

Hi All,

About 2 years ago I had a judgement made against me from HC regarding an MBNA credit card, the judgement was made in default, so I applied to have it set aside as despite my CPR request for Notice of Assignment, Default Notice and CCA, CH had failed to supply it. I appeared at Court and the Judge agreed to set the judgement aside and even awarded me £75 costs. CH even paid up!!

A few weeks ago I had an allocation questionnaire through regarding HC, after speaking to the court I was advised to state that despite previous requests I had still not been given visibility of the information requested in my CPR. I did this and sent it off. I then recieved a letter from the court stating that the claim had been stayed until HC could provide the documents - today I received the documents. The Original Credit Agreement which was signed up for online, copies of statements, default notice and notice of assignment.

How can I find out if my CCA is enforceable? I read on here that if a credit card agreement doesn't state the credit limit then it is unenforceable, mine simply says 'We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know' it mentions nothing else about the credit limit.

Please help, this has been going on for years now and I just want to put it behind me, I cant focus on anything else at the moment, and I really need to!

Thank you in advance for your knowledge and experience!

Thanks for all of your help, I have just come out of court, the judge has set it aside and requested they pay my costs within 14 days, I was really nervous but no legal jargon needed, i just went in and explained what has happened, he shuffled some papers for a minute and then just said he would set it aside, asked if there was anything else, i asked about costs and he said that was reasonable.

If anyone else is ever worried about going to court, DONT BE, it isnt as intimidating as i thought it would be!!

Thanks for your advice, so far I have my requests and the proof of delivery, I have their response which states everything is on hold until they find them and send me a copy, then i just have several threatening letters stating that i have not stuck to the court order and that they are sending bailiffs

Thanks again, this is all very daunting and i really appreciate your advise!!

Thanks for moving it for me, am getting really worried now as I'm in court on Tuesday and have no idea what I'm doing!!!

anyone?

Hi everyone, I finally have a date for court to see if i can get this set aside, it next Tuesday 8th June. Will HC even show up, what should i do, never been in court before so am a little scared now, I have the letter from HC stating that all legal proceedings are on hold until they can produce the documents, this is going to be my defence and reason to have judgment set aside, will this be enough and what is the protocol in court??

Thanks for the link, I will put everything together tonight when i get home as I will have all of my ammo with me including dates etc...

No I didnt admit to the claim, I acknowledged the claim and stated my intention to defend, I have just managed to get through to the court who were really helpful, I explained the situation and they are going to email me the form to have this set aside. They also said that i should attach the letter HC sent me stating everything was on hold, as the district judge may strike this out because they are misleading me, the lady at the court seemed very helpful and supportive and seemed very knowledgeable about HC and their practices, which hopefully is a good sign, although she did say that I should get it resolved as soon as possible as HC use their on bailiffs who 'aren't very nice'

Am bricking it now!!!

Thanks for your continued support, I would be a mess without this place!!

Hi,

After receiving a letter from HC stating that they had requested the documents from MBNA and pending these documents all legal action was on hold, I have now received a CCJ from Northampton Court which states that Judgement was ruled against me in default - what do i need to do now, surely HC cant do this after telling me court proceeding were on hold until they had received the original agreement from MBNA?

Help much appreciated...

Thanks, I got home last night and have had another letter from Coward, it basically says that they are in reciept of my letter an have applied to MBNA for the documents I have requested, all legal proceeding are on hold until these have been received. Is this good?

I have now had a letter back from Howard Cohen Thanking me for accepting the cliam and advising that if do not pay they will issue a judgement, they have not acknowledged my CPR, so I guess I need to start building my defence - are there any examples on here that I can use, I really have no idea wher to start or what im doing, but as they and mbna have failed to provide me with a signed CCA, a letter of assignment or a default notice I feel I should have a good case.

Any help is much appreciated!