No copies of the cancellation rights Also I noticed that the agreement states page 1 of 2 (in the top right hand corner), but no second page was sent to me. I need to go and post this allocation questionaire in the next 10 minutes, so is there any info I need to add to it? Thanks ever so much

This probably won't come out very well, but here goes : http://i194.photobucket.com/albums/z24/sofedups/asdacard-1.jpg I could try and email it to you if you can't see it very well?

I now have to compete an allocation questionaire - is there any particular information I should return with the questionaire? Link have since sent to me copy statements and a copy of my credit agreement (credit agreement looks ok I think - it's not executed by them though?). They do not appear to have a copy of the assigment letter (they claim to have enclosed it with the paperwork, but the letter thay are referring to just states that they have decided to commence legal proceedings against me). They have also written to me offering a Tomlin order. My allocation questionaire need to be sent off to the court today, so if anyone has any advice I'd be grateful

Will get them posted to you tomorrow

Do you still need old t&c leaflets etc? I sent some to you a while ago, but have recently had a big sort out and I have quite a few more. If you still need them, shall I post them to your po box Derby address? tia

I didn't manage to get a defence in on time for this one, and the ccj papers arrived this morning. I have a couple more questions - 1. If I pay off the amount owing in full within one month, how much is the fee to cancel the entry on the register? 2. The amount of the judgment is 369.59 for the debt (and interest to date of judgment) plus 102.00 for costs, whereas on the claim form I received, the amount for court fee and costs was 80.00 - where has this extra 22.00 appeared from?

Much appreciated - thank you very much

Thanks Paul He's just set up a standing order to them, so there should be no late payments in future.

My other half has just paid his monthly ccj installment through internet banking, but due to the time that it takes to go from bank to bank, the payment will arrive approx 1 week late. It's the first time in almost 12 months that he has been late paying. Do you think there will be a problem/chance of further action taken? The creditor is HFC/Restons. tia

Another GE store card debt, this time assigned to Howard Cohen & Co. The poc's of this claim are a bit more detailed than the other case, so I've started a seperate thread. The claimant is CL Finance. Adress for sending docs/payments is Howard Cohen. Poc's are as follows: "The Claimant's claim is for the sum of xxx.xx being monies due from the Defendant to the Claimant under a regulated credit agreement between the Defendant and GE Capital Bank Limited under reference xxxxxxxxxx and assigned to the Claimant on the xth xxxxxx 2007 notice of which has been given to the defendant. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon Defendant pursuant to Section 87(1) of the consumer credit act 1974." I have not signed for proof of delivery for any default/assignment notice that may or may not have been sent. The account includes some late payment charges. The account includes money charged for goods that I did not receive. I have till next Wednesday to get my defence in for this one!! Thanks for any help

The claim issue date is 7th November, so I make the final deadline to be Monday 10th December (28 days plus 5). Is that right?

Hi, They are one of the few creditors who I haven't CCA'd unfortunately. I do not recall receiving a default notice/notice of assignment - I certainly didn't have to sign for proof of delivery if they WERE sent. They supplied no documents at all with the claim form. Thanks for your help

How does this sound? I've used this defence before (thanks Tomterm!), so have just altered it a little bit to suit the circumstances. *************************************************** Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the account number of the agreement, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet. With respect to the claim, The failure to provide this information, and particularly to provide a list of charges made to the account, frustrates this defence and I therefore respectfully ask that the court grants me permission to amend this defence when I have received the necessary information. It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. It is denied that I the amount claimed by the claimant is an accurate reflection of my liabilities for any agreement, and the claimant is put to strict proof thereof. In respect of that this is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. The defendant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law. Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. If the claimant sent a default notice that includes unlawful penalty charges, this default notice is invalid under English law for the reason that it is inaccurate and so the claimant may not seek to enforce this debt. Further, the claimant states that I have refused to pay sums due under agreement. In its particulars of claim, it has not explained under what terms of any agreement these sums were due and I put the claimant to strict proof that said monies are due.

Due to a house move and being offline for a while, this has been left till the last minute, and I need to get my defence in today POC are as follows: "The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated **/**/20** and assigned to the Claimant. The Defendant has failed to make payment as required by the agreement and to comply with a default notice or notices served by the Claimant and/or Assignor." I have deciphered (as no account number is mentioned) that this is a storecard account from GE capital. The amount claimed is approx 900.00 inc court fee. There are approx 100.00+ of late payment fees on the account. Account sold to Link Financial in September. Approx 100.00+ added on to account since then. Please help!

Can anyone help me with my defence for this one please? Another thing is, they are claiming for water charges up until 31th March 2008 - we moved from that address last week, so surely the claim must now be 'incorrect'? All help very welcome as always