A job for the Government Consumer Advocate, perhaps? I wonder if we will ever get one :-|

5th April 2006

This is all I can find, any good? http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until-12.html Post 665 on, I think

Anyone seen this from the MoJ? Government seeks views on personal debt management schemes - Ministry of Justice

You submit your defence in the same way. As r&b says, leave it a while and see what you get back from the sols as this will influence what you put.

Did you submit your AOS on line?

Everything? What did you send? You need to submit the AOS, then enter a defence within the 23 days before the final date. Did you submit a defence already? It just needs to be a summary of your arguements at this stage, then you will need to prepare a more detailed defence for the hearing, if it gets that far. Personally, I would go for having the action struck if they cannot produce an agreement but that is further along. At this point you should have sent the AOS, A SAR request, a CPR 31.14 or CPR 18 request (probably the latter) and entered a defence into MCOL. Then you can sit and wait as the court will confirm that a defence has been entered and allocate the case to the court system. MCOL is somewhat limited in its application so once you defend, MCOL cannot handle this so it goes into the court system. Northampton will contact you to tell you which court etc and a hearing date. If you have not received all of the information you have requested, then you will need to have proceedings stayed awaiting information from the claimant or their representative. I think this is complete, wiser minds will put you straight if I have missed anything. Good luck

I'm pretty sure that there is no "legal basis" for set off. No matter how they do it. Each account is the subject of independent negotiation. Set off falls under "custom and practice" rules - i.e. none.

I think the T&Cs can be referenced from the agreement, and only form part of it if the reference is present but the omission of the T&Cs is not fatal to the agreement, only the omission of the PTs. If the T&Cs are missing then this is of no consequence from an enforcibility perspective. That's my understanding. The Agreement regs (SI 1553 1983) detail the PTs. Only these have any bearing on the enforcibility as they relate back to s61 of the CCA 1974

To be fair, your circumstances, at least until recently, were very similar to mine so I am serving self interest by staying up with your situation. At the same time, the more we help each other the better prepared we both will be and the interjections from more knowledgeable Caggers are a great help. Hopefully, we will both get through all this and be able to sleep at night whilst the trauma continues. If I can help in any way, shout up and I/we will be here to support.

I'm pretty sure that the OC has to notify you if the debt has been sold. and to whom. The recipient must then contact ou to advise that they have been assigned the debt etc etc

This all seems rather odd to me. I applied for s78 disclosure on the same day as Nancy D. They did eventually send an agreement (although a pretty poor microfiche copy) in June. They have now written to me saying they will close the account and sell the debt. Why would MBNA take Nancy to court with no agreement and sell my debt when they have an agreement, albeit, not an enforcible one. The only difference I can see is that I have already sent off a SAR whereas Nancy hasn't. Really strange, anyone know how they arrive at the decision to chase/ dump an account. I know this doesn't really advance Nancy's cause but I'm curious.

I got a copy of a microfiche tear off strip - fairly standard, I think. I did get a default, I didn't run it by the regs to see if its complian or not, perhaps I should now.

Hi, any one who reads this, I know I haven't done much here recently but as you can see from the above it was a bit one-sided. I have just had a letter from MBNA telling me I must pay £43 ish or I will no longer be a customer of MBNA - I'm devastated, naturally, but they say they will sell the debt. Anyone know which bunch of wasters I am due to lock horns with next? Thanks

Yep, pretty much. I get the impression that if some kiddie can sit at a PC with a printer and churn it off then you can have it. If they have to get off their butt and go look for it then you're out of luck Nice work if you can get it :-| I think most of the agreements got filed in the recycle bin......and the people who authorised this are now part of a government statistic much in vogue at the moment. Spot on. I applied for 6. I got one signed agreement by return and 5 lots of flannel, ducking and weaving - now with sundry DCAs who aren't fareing much better than the OC. And guess who's getting paid!! Oh, and MBNA had a microfiche tear off which might as well have gone to CCA heaven for all the use it is.