Very short and to the point, that! I was actually looking at a more comprehensive defence... I'm not wanting to deny that there is a debt, more that there is any cause for court action in the first place!

Quick update.... DLC/Hillesden have finally given up sending their monthly 'your CCA is coming' letters, and admitted they can't produce it. However, they assure me that the debt is still owed by myself, and that I should be paying.... Sorry Guys, you can't even tell me how much I allegedly owe, and you still expect me to pay? I think not. Another one bites the dust!

Quick update.... CPR letter sent and delivered.... will now wait for their inevitable refusal! Defence due in next week, will very probably be 'embarrassed.'

42man's advice is, as always, spot on. DON'T rely on anything they say unless you have it on paper. Also, if they try to get you to sign a 'Consent Order', DON'T! This pretty much amounts to an admission of their claim, and if you should fail to keep up your payments, they can get judgement against you automatically.

Can you post up here the Particulars of Claim (POC) as printed on the claim form, so we can see what the Claimant is actually alleging. Don't show any info which could identify you (blank out exact amounts, a/c nos etc.) D.

Don't give in. That's how they win! Their sudden willingness to settle probably means that they don't really want to go to court, because they can't prove their case. Hold your nerve! D.

Looks like you have them on the back foot, my friend! What percentage are they willing to accept now? D.

Funeral today, BTW. We are NOT in a mood for settling! Maybe I should find a gloomier avatar. D.

We have other debts handled by CL too... will be interesting to see what happens with these over the next few months. D.

A thought occurs.... OH has no less than seventeen separate accounts at varying stages of 'settlement'. We spread our available funds across all of these, with due regard to the balance on each account. ie, if the debt is bigger, we pay more. AFAIC, that's fair. The debt CL are chasing is, in terms of account balance, 14th out of 17. Can we argue that CL/Cohen's action (which is baseless IMHO) is merely a device to 'jump the queue' at the expense of the other creditors? Or would that be a matter to be considered by a judge issuing a CCJ? (not that that is going to happen, of course...)

Subbing. Tracy, your story sounds very similar to mine with CL and Cohen's, and we are at the same stage. Watching with interest!

Yes, I have NOA from the OC, and an 'introduction' from CL. NO Default Notice, no sign of a valid CCA. I fail to see how they could even issue a DN, as no payments have been missed since the account was assigned, over a year ago! 42man, thanks for your post, that looks the business. D.

Thanks all for the kind words. FYI, here's the full POC (the names have been changed to protect the guilty...) 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 Shylock's Bank PLC under reference ****** and assigned to the Claimant on the 1st October 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 the Defendant pursuant to Section 87(1) of the CCA 1974.The Claimant claims the sum of XXX.XX

Thanks for the replies, sorry I haven't been here to read them. OH lost her mother to illness last week. Anyway, here's the situation.... The claim is for less than £1k, so should go to small claims. As I said, we have continued to make token payments, but I've only just discovered that we've actually still been paying the OC, rather than CL/Cohen's! A simple oversight. She gets the mail and passes it to me. I never saw this. Anyway, payments HAVE been made. We have NOT been sent a default notice. Nothing we have received complies with the CCA requirements for a DN as far as I can tell. MCOL claim was issued on 23/12. I will acknowledge today, and start on a defence. I will also be asking Cohen's for CPR disclosure. So, any suggestions? All gratefully received. D.

Christmas post brought a lovely surprise this week, MCOL claim from Cohen's! My OH owes for an old credit card, which we have been making token payments to for a while, and the account has never given us any grief. Now she receives court papers, alleging '....the defendant has failed to make payment in accordance with... etc. (WRONG! - we have been making token payments as agreed, and have NEVER missed one.)...and a default notice has been served upon the claimant...'etc.(NO IT HASN'T!) Any suggestions on how to approach this? I haven't done a CCA request on this account, because there has never been any pressure applied... should I do it now, or go the CPR route? D.

It's the ORIGINAL document that has to be produced in court, as I understand it. Subbing. I too have issues with CL, and Mr. Cohen.

Is that right Pinky? Is the tick acceptable, without being backed up by a physical signature? I'm not disputing the fact, but it seems like a very insecure system as it stands.

Mr. Locke has been writing to me since July 2007, promising that my CCA will be along soon..... this week he's finally admitted that they can't provide it. Another one bites the dust!

You are entitled to a copy of your CCA under the law. If the DCA can produce it, nothing has changed, and your current payments will just go on.If they cannot produce the document, then THEY CAN TAKE NO FURTHER ACTION AGAINST YOU. Lack of a valid CCA agreement is a complete defence to any further activity on their part.Any further hassle from them will be in breach of OFT guidelines, at least.D. Why is my formatting not working? Anyone?

I have sent Link more than one CCA request fee.... they seem to think it is the done thing to apply the fee to the 'alleged' account. Don't let them do this without a reaction from you. Link will almost certainly tell you things like: '...we have requested a copy of your agreement... this may take up to 30 days to provide...' or, '....where cost is incurred by Link for the provision of any costs by the vendor, we will pass these charges on to you.' Total bo****ks, all of it. Stand firm,Thanks for the tickle!D.

Hi Neilap,Are you still paying MBNA? If you are, I would continue to do so until you hear otherwise from them. Don't pay Link ANYTHING until you receive proof of their entitlement (in the form of a valid CCA). You should also remind them that the payment you sent was the statutory fee for your CCA request, and NOT a payment to the alleged debt. It is not unknown for DCAs to claim that the debt has been acknowledged by virtue of that payment having been made.Expect lots of gobbledegook letters from Link, 'telling' you what your situation is. I have a large collection of my own, and most of them are rubbish!And don't forget Rule 1: NEVER EVER SPEAK TO THEM ON THE PHONE!D.

Hi Mummybird.My OH has just received the self-same letter.Shame for LINK that they have failed to supply a valid CCA....BTW... why do their letters never arrive until two days before their 'remedy' deadline... I can never figure that out..... ...and why aren't my smileys working??? or the formatting.....

It'll be interesting to see if Scotcall's copy of the agreement (if they can produce one!) matches yours....

I too am having a battle with Thames over an old B'card from about the same time as yours. If you are absolutely sure that statute barring applies, then there are great template letters on this forum to send them. As Rooster so rightly says, don't EVER EVER EVER speak to them on the phone; all you will get is harrassment.

As I understand it, overdrafts are not subject to CCA, therefore Barclays are not required to send you ANYTHING at the moment! What's your beef with them? Is it for unlawful charges etc? If you want all the information they hold on you, like account records etc, then you should do a Subject Access Request under the Data Protection Act. This will cost you a tenner, but should get you absolutely everything that they have against your name. Hope that helps, but the more info you give us, the more we can give you specific advice.