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TBI Taking me to Court but I haven't been notified


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My defence is:

 

If the original signed credit agreement is not produced then the debt is not enforceable by a court, even though according to the OFT guidleines a DCA can continue to chase the debt by other means. So I would be requesting that a copy of the original agreement be produced in court.

 

I have never recceived a DN from this company, nor the original creditor. In the POC the claimant refers to my defaulting, but without any specific date, however they now claim they do not have to produce or provide a copy of the DN becuae the loan agreement (fixed term) expired in 2006 anyway. I am supposed to have defaulted, according to the POC in 2008.

 

The claimant wants to claim interest after judgement under the terms of the original agreement, I have a letter from the claimant agreeing to freeze interest on the loan as long as regular payments are made, which they have been

 

The claimant wants to claim interest under S69 of the County Court Act in addition to contractual interest but I thought this was not allowed if the claim was for a CCA agreement.

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