Thanks again, I will slot your quote in and change the date as I need to fax it off today! I just wanted something to add re: the default notice so thanks again for your prompt reply.

Many thanks BRW, In fact they discontinued but the Judge allowed me to file my counterclaim so I wanted to add something about fresh proceedings and issuing new default notices. I was going to put something like this! The Claimant admits that the Default Notice is invalid thus terminating any contract with the Defendant. It is the intention for the Claimant to issue fresh proceedings and to issue a new Default Notice However as there is no contract between both parties due to the invalid Default Notices the Defendant would ask the Court to strike out any future claim to issue fresh proceedings and the issue of new Default Notices in the future. As this could be seen as an abuse of process. I have looked cannot find a termination letter but in their Particulars of claim they do state that The Claimant therefore claims the balance due under the agreement. I understand what you are saying but how could I use it to put in my counterclaim to my advantage!

Many thanks Andy

Thanks BRW, The problem is they discontinued but intend to issue fresh proceedings and new default notices. They have admited that the reason they discontinued was that the Default Notice was technically inaccurate! So could the fact that they have admited the Default Notice is invalid be enough to terminate any contract between both parties even though it has not gone through the Court.

If the Claimant discontinues because they new the Default Notice was invalid could they issue fresh procedings and issue a new Default Notice.

bump

Many thanks Tifo, I have added this to my Counterclaim these Finance companies need to comply to the Law and not what they think is right! Thanks again

Does anyone know if there is a law that allows finance companies to process our data to the CREDIT REFERENCE AGENCIES as in a defence to my counterclaim one does state that they are REQUIRED to provide cra's with accurate information. The problem being is that if you dispute a credit agreement with your finance company how can they be sure the data they process and pass over to the cra's is accurrate! The data protection act states that the data should be processed fairly or accurately. So if there is a problem which is found further down the line with agreements or default notices etc... It means the finance companies have unlawfully processed your data. It seems unfair that the data is too easy to be processed and added to the cra's lists which then affects your credit rating giving the finance companies a big advantage leaving the defendant's disputing the agreements etc.. disadvantage surley the way out of this is for the courts to decide if the agreements are right or wrong and only then allow the finance companies to publicly display the data on the cra's lists.

Thanks 42man, I cannot see anything on the thread I must be going blind! But I know I have come across defences with detailed counterclaims but now when I need one I cannot find any! Just need to find one that I could adapt to my own circumstances. Regards

Hi, Has anyone come across a good counter claim for harrassment and data protection. regards Mberman

In the terms it states that if you go over your credit limit they will charge £16. So they have added the £16 to the balance owing in the Default Notice.

HI, If a creditor states that a charge was added lawfully to the Default Notice because it was in the terms and conditions, would this be correct. Regards

I too would like to know about the interest rates and is there a formula to do a calculation to check it is correct?

West London

Many Thanks 42man I will call them next week