In a similar situation to you but am already down the road of having received papers from Northampton - sadly we have a DJ who favours claimants so I have to be very careful before landing up with another CCJ!

The claim is for £2200 which includes the balance plus court fee's and I responded to the MCOL stating we will defend. What we have is 2 x reconstituted agreements with different dates on and some statements but nothing showing when it was commenced and nothing with hubby's signature on, the timescales for submitrting defence are quite tight I think we have about a week. I am rushed off my feet with work at the moment so struggling to find time to get on here to get it sorted out but thanks all the same for your help. Regards to the blanace they have charged £19.99 a month lifestyle protect which is not required or requested so should there be a counter claim against this figure?

Thanks Bazooka Boo

Also does this matter that there has not been a default notice issued on this account (pre-default credit card)

He received Claim Form - MCOL I assume. The POC is as follows : "The Claimant is the assignee of a debt(s) from Citifinancial Pre-Default credit card agreement XXXXXXX, notice of assignment having been given to the defendent in writing. Despite demand for payment £XXXXX remains due. The Claimant claims £XXXX and interest under s.69 County Court Act 1984 and costs. I've looked back through papers received - NO assignment received, We have received 2 x reconstitued agreements each is 14 pages long - no dates on either of them. Several statements - the dates on these statements confirm the credit card was live prior to April 2007 (apparantly this does matter). When a credit card is applied for online are the rules different? There is definately no document with hubby's signature on - I'm loathe to scan and put up the entire 14 pages of agreement but will if necessary

Well folks thank you for your advice duly taken, however, it appears ignored by Cabot, hubby received County Court papers this morning. I need a lot of help now - my last wandering into the County Court left me with a judgement courtesy of CL Finance What on earth do I do with this??

Hi folks I received a letter back from them today including "reconstituted original CCA" several statements and a threat that they are taking action now unless we produce a document from the courts confirming its not enforcible. Any idea's? Are we liable?

Thanks everyone, will get on with this straight away.

Hi Folks Well I'm in a bit of a quandry over 2 Cabot accounts this is the story for one of them, I've started another thread for the other - a few years ago (3 or 4) I challenged Cabot to produce a copy of the credit agreement for my hubby's Citicard. They never managed to do this but continued to write to him every 6 months or so to say they were still looking. Out of the blue before Christmas he received a letter as if he was a brand new acquisition to Cabot stating that they were going to collect on behalf of citicard etc. We sent them the don't know who you are - leave us alone letter. He has now received a "This is your last opportunity to agree a suitable repayment plan letter". We have still never received docs from them (on this account). What should we do? Any help / comments much appreciated

Thanks everyone, I have my full defence but this is something that was literally spotted 5 mins before my thread was started. I w as so used to looking at the blanked out spaces of my scanned in copies it never occurred to me that there might be a difference!! Will let you know what happens when I come out

Can anybody URGENTLY advise if the value of a county court claim can exceed the amount on the default notice - just spotted this when re-reading my paperwork - in Court at 12 noon today - about to set off but will check with my phone before I go in. Thanks if you can help

Well, defence posted last week to Court and cohens, I received this lovely letter from cohens this morning. "We refer to the above matter further to your witness statement titled "defence", the contents of which we note. Please be advised that the agreement was for the provision of a Debenhams store care which is part of the same group that administer Burtons store cards. We apologise for the other typographical error stated. With reference to your witness statement we respectfully refer you to paragraph 13 if (think its meant to say of) the witness statement of XXXXX, we can confirm that there is no legal requirement to state that the Notice of Assignment 'has' to be served by recorded delivery. We can further confirm the we have no recorded of the said documents being returned as not served (a few more typo's creeping into this paragraph too) In an effort to bring this matter to a satisfactory conclusion, our client is prepared to accept payment of £XXX.XX (£200 more that o/s balance) by instalments of £5.00 per month, subject to a Consent Order which will avoid the entry of a County Court Judgement being registered against you. We therefore enclose three copies of a Consent Order for your consideration. If you agree to the terms upon the Consent Order please sign all three copies and return them to this office immediately. We trust this is in order and look forward to receiving your reply." Bless them, they didn't even sign it. To the point in hand, obviously I am not going to accept their kind offer but more to the point - do I need to write to tell them and do I also need to contact the Court and provide them with a copy of my letter back to Cohens? - do I need to add this to my bundle? do I even need to mention it when we go back to Court in 4 weeks? What do you all think?? anyone else had this letter from them before?

My defence is done, will have to wait and see what happens next!

Hi Postie - Do you need any extra info? will try and get back online later today if you do.

Yes it was MCOL, we have until 25th June - Thanks Postie.

Hi Postie http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237706-urgent-please-can-i-3.html#post2656178 here is the default, they have a date wrong on their statement of payments / debits - moreso I don't even know what the debit is for.

Righto, I have 10 days in which to file my defence "proper" to the court and to H Cohens. Directions from the Judge include Cohens having to provide me with copies of all payment slips, statements and other evidence of payments due from or made to the account - they have sent me 1 page of figures (which is incorrect!!) I must provide my defence by 25th June. If anyone wishes to give advice and assistance with the defence their witness statement can be found here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/237706-urgent-please-can-i-6.html#post2917295

On 7th June I got my letter back from CARS with cheque and a covering letter saying that as they are acting on behalf of VANQUIS they can't supply documents and that I should write directly to Vanquis. This morning I got a letter from CARS offering me substantial discount to settle my account - numpties!! So.... what would everyone else do next?

Thanks MA, I have just sat my last exam - only dissertation, clinical interview and 1 portfolio to do now - Yeah!! Got Judges directions at the weekend, will post tomorrow before I start on the background section of the dreaded dissertation.

Hi, This is an interesting one as I have just had my first corres from CARS - I will be telling them where to get off - politely of course!! Hope you got everything sorted Lesterlass.

Letter in reply done - just going to SAR them as below Dear Sir/Madam This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a cheque for the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully To be sent recorded delivery first thing tomorrow - will wait to see what happens next (or who will be the next company to get hold of this when they wave the white flag)

Ha ha just as I thought - I put aa update on a thread and lo and behold a letter appears as if by magic..... This time it is from C.A.R.S "Creditlink Account Recovery Solutions Ltd" - having had nothing from 1st credit for a few weeks the next jokers have got the file. What a shame they haven't realised all they have done is wasted their time, paper and postage costs. Their letter reads as follows ..... Confirmed Resident Dear Mrs Born to Be Having conducted preliminary searches our tracing division have confirmed your residency at the above address. therefore we are left with the only possible conclusion in that you are choosing to ignore our Clients repeated requests for payment. They have now authorised us to proceed in whichever way we deeem appropriate, within the boundaries of the law, to recover their monies. It is therefore imperative that you forward the full amount to the above address IMMEDIATELY by 1st class post. Failure to do so could result in any one of the following actions by us: 1. Instruct a local doorstep Collection Agent to make a personal visit to your residence. 2. Instruct our litigation specialists to commence legal action against you for breach of contract. Should you wish to avoid the above ir further action then do not ignore this letter. Your payment can be made by telephoning our CREDIT - DEBIT CARD HOTLINE 0844 880 0880 or using CARS REBOS Internet Bank, or alternatively send a Cheque or Postal Order, quoting your referene number at all times and made payable to C.A.R.S. If you require a receipt then please include a S.A.E. Yours sincerely XXXXX I just love these clowns - I almost feel like it would be a bonus to write to them and say "bring it on" take me to court and prove that 1) I have a debt with you and 2) you done everything you should have done. Bearing in mind I already have a letter from 1st credit acknowledging dispute - these must simply be the next in line. As for the value - they must have whacked plenty of charges on - it has gone up by approx £500 over the credit limit which I think I had just breached when we went into difficulty.

DVDRiley - I just had my first trip to court - there were a lot of errors on both parts (and non-compliance on CL's part) which is why the Judge wouldn't rule either way and has given more time for them to provide info and me to get my defence completed. I hope it all goes well for you tomorrow - please let me know how you get on!!

I am gutted - I have just lost my entire post that took me 10 mins to type!!!!! Righto - partial retype here I go.... The whole process of going to court has been scaring the willies out of me and that didn't change when I got there - the Judge was quite critical of the waste of time bringing cases such as this was to the court and legal system along with criticism of the cut and pasted versions of the witness statement (WS) and my defence. He has however allowed me time following my last exam to provide a full defence which is to cover each of the points in the WS. He also recommended I decided which was my strongest point of defence and concentrate on getting that point accross. There are to be new directions issued giving the claimants upto 28/5 to provide me with some info - I am also going to be getting into GE's ribs for some details from them. So far they haven't come to court - the Judge does not expect them to turn up next time as it is likely to cost more than they will gain from winning. We will be back in court in the next couple of months unless I can find enough amunition to get it struck out - wont put anymore details on here about that you never know whi is watching!! I do wonder if I will get any correspondance from CL relating to the court process - I wonder if they will assume they have won just like they have with others - that would be interesting!! So a great big thank you to all Caggers that have helped me along so far - I'll be getting on PM to my "artificial backbone" Postggj - without encouragement from this cagger I think I would have given up months ago !!

Been away for the weekend, will provide lots of details when I get sat down with a coffee - CL - pah!! out to get you