How do i apply for their defence to be struck out? Is there a form i need to fill in? Is their a fee for this? Thanks

And it came today It contains Terns and Conditions Default Fee Justification Skeleton Argument Witness Statement Copy of a Decided Case ( One they Won) Extracts from the OFT Report. What happens now?

Well their deadline is Monday, i haven't received anything yet, cutting it close. Do i have to receive the info before the deadline or just the Court? Still got this nagging feeling, postie will deliver a wad of paper either tomorrow or Monday

I think your in a very similar position to me. I had an Egg card which i swapped to an Egg loan in 2005. I cca'd them and got nothing for months, eventually i got a copy of an online agreement with a tick as my signature. However i do have an email from the time from Egg, telling me to return the signed agreement to complete my application. I have just written a letter back to Egg, asking for screen dumps of the loan screen if i did it on line, also asking why would they send me an agreement to sign and why would they not complete the loan up until the time they received the signed agreement back. In my case, i think they are trying it on. But if not, my online agreement is enforcable, just dont think its a copy of my actual agreement.

Well, time is nearly up.......... got a feeling they will comply with the court order Just in preperation of them not complying, while i have a spare few hours,im looking at putting the wasted costs order. What can i include? Postage Costs Stationary Costs Loss of wages from day off taken for Stay hearing. ( My actual pay rate or is there a general rate accepted) Cost of time putting everything together( at what rate) Anything else?

Hello, yep i've got same type of "agreement" i haven't had the trouble youve had though, they never contacted me for nearly a year, until this week when they sold my debt to Lowel Portfolio. Im going for dn removal with charges.

Well i'm back on again with Cap One. Today i received a letter informing me that Cap One have sold my alleged debt to someone called Lowell Portfolio Ltd, what are they like, any knowledge of them? Anyway, im gonna pop a quick letter in the post to them, letting them know they have purchased an unenforcable debt. Im also gonna send a pre lim for my charges and default removal to Cap One, its only just over £100, but more importantly, the removal of the default.

I'm thinking more about this now. I am thinking i should reclaim charges, inlcuding 8% they come to under £200, im also going to include removal of default. Now just a couple of questions, if they remove, because i am not paying them due to unenforcable agreement, could they just issue a new one? Also at what stage are Cap One settling on average? Before court, after court proceedings have been issued or day before hearing? Thanks

Ah well, won't be me then, already sent the letter tho

My friend received a letter from Egg saying he may of been mis sold PPI and to give them a ring. He did, they said they would open a case and look into it for him, he didnt give a particular reason as to why it was mis sold. I had an Egg card, it was taken out in 2000, is there anyway of finding out if the tick box on the online application was pre ticked? Or is it a case of my application being way to early to have a possible refund? Thinking it won't hurt to send a letter off and see what comes back?

I hope i dont get all that

Guess Christmas Eve wasn't an ideal time to get it all done for, im sure i would of cracked under the strain

I'll look into that in a couple of days, want to get Christmas out of the way And on that note, id like to thank Enron and Martin for being a great help and to wish them and everybody else a Happy Christmas

How would i do that? Some of my other creditors have defaulted me while they were and still are in default of my s78 request. So i was on the understanding, Citi would just default me again.

But if i win and they remove the default, if i dont close the account somehow, surely they could just default me again? Letter went back to them today

Which stage? I received my "agreement", i wrote back telling them why it wasn't enforcable. In the beginning i think i had the odd phone call asking me what i was going to pay. Told them i was waiting for the agreement, last time they rang which was over 6 months ago, they said i needed to resend my request , ive sent it more than once, so didnt bother again. Not heard anything since.

They sent me a letter offering to settle at something like 40% of the outstanding balance. So i just sent the cheque.

A good point and thanks

I suppose it wont hurt to send that request. Althought i think the signed one they have sent me, is the only one they have. May make them realise i mean business.

Or me, thats why i thought, if i kept the costs down, MBNA might think, £XXXXX to pay the solicitors, or £x to remove the default. Which is worse £x or £XXXXX

I dont want to contest the date, just incase they change the date, if they issued one now, there wouldnt be anything to fulfil as the account is closed.

I CCA'd them last year, at the time there was talk on here, you couldnt reclaim charges and claim no CCA, as your admitting the debt? Anyway, when they failed to supply a copy, i just sent them a letter stating that the account is in dispute etc. My charges and interest add up to more than my balance, so with the choice, i went for charges as i would end up with a few quid in my pocket if i win. Since my CCA, or may have to do with my claim going thro the court, i haven't heard anything from Citi, no phone calls, no statements, no requests for payment, nothing at all. Thats why im wondering, if i win, could i offer them a percentage to close the account, or do i have to pay the full balance?

Wasn't an offer from Citi, was an offer from Eversheds and yes in a letter, to save costs I sent bundle to Eversheds.

They repaid the charges as a gesture of goodwill. I didnt sign anything regarding the replayment, i complained and they took them off my balance. The account was transferred toDebt Clear Recoveries & Investigations, when i received the agreement, i agreed a payment plan. They offered me a price to settle, said it would show as a partial settlement. I paid the amount and the account should now be closed. Again i didnt sign anything with the settlement, just paid them over the phone.

With the charges they repaid them, so could i go back and include that? I was going to wait til the FOS had finished, but i thought id make a start on the default now, i did ask the FOS to include it, but they said id have to file another complaint. I just thought if i kept costs down and my argument being one where they would need to defend, they might just give in as costs of everything would outweigh what they would save. Im not fussed about compo, just want the default removed.