Great. Thank Donkey. I'm thinking that I will try to get the claimants solicitor to swear the accuracy of the DN first, then hit them with the unlawful rescission - the are slippery and I wouldn't want them to come up with a 'better' DN

I'm in the same boat - default remedy by 23/3 but the account was sold on 20/3. If in court this afternoon for an SJ hearing. I've not yet made anything of the unlawful rescission, because I've only just got a copy of the DN. Not had a termination notice either. I think I may have enough to get the SJ application struck out anyway, but am considering if I should use unlawful rescission too. My only question is, don't you have to agree to the unlawful rescission - can I do this by stating as much in court today or do I have to write to the creditor? The arrears are stated at approx £1300 - do I need to pay this immediately of claiming unlawful rescission? It would be nice to think that unlawful rescission is fatal to the claimants case, but I just don't believe it can be that simple. Don't want to hijack the thread, but any advice would be greatly appreciated as I'm in court at 2:30!!

I think it must be something like that. I googled it and lots of references to employment tribunals come up. I reckon it must be a breakdown of the sums the claimant is claiming - including legal costs to date I presume.

Update: I've been off work ill for the last couple of weeks and was unable to attend the application hearing. I emailed the court a copy of the doctors note and the judge has adjourned the hearing until 21 Dec. The DJs latest order states that previous court orders should be complied with. This means that Cohens have missed a date - they should have served an "up to date schedule of loss" by last Friday. I'm still not exactly sure what this is, but more importantly, should I be writing to them asking where it is?

Here is what I sent to after recieving a very similar document: I wont claim that this is my own work, I did crib it off CAG before ameding it for my own needsm but I cant remember where it was originally posted.

I've had the same trouble with these clowns. They purchased an account from MNBA, which in turn had been assigned from BoS. I CCA'd them as soon as they started chasing. After about 3 months of looking, they eventually found an old BoS affinity card application - similar to yours. Its completely unenforceable, so I send them a letter explaining this and basically telling them to f off. I signed it off by suggesting they had been sold a pup and that they take it up with MBNA! I can post this up if you like. They have since wrote back saying that they think its enforceable, so I guess its wait and see what their next move is. If they do sue me, then they cant say they wernt warned - should help to make a case for wasted costs when the "chicken" out and withdraw or it gets struck out.

Thanks for the support guys. Docs all printed, checked and signed ready for posting. Will have to post by lunchtime at the latest, but will check back for comments in the morning. Night all.

right, here is a draft Witness Statement. This needs to be posted Special Delivery tomorrow to meet the deadline, so please comment ASAP if you think I should change anything: These are all the facts that I can attest to. I suppose I could trim it a little because some of it is self-evident from existing correspondence with the court. I also don't want to repeat statements that would be more suited to the defence or skeleton, so I reckon keep it short and stick to straightforward facts. I will get to work on the amended defence and skeleton argument for the hearing ASAP with a view to sending them off next week.

Thats what I want some quick advice on - what do I have to file/serve and when? The original orders were to exchange lay witness evidence by this Friday! I assume this means I need to send cohens and the court a witness statement. However, the application hearing is now listed for 09 November. I don't see that I can include much in a witness statement - there are few facts that I can testify to, other than cohens lack of co-operation. I really have very little to change in the defence, except in relation to the Agreement which I will now challenge on the basis that the prescribed terms are not within the same document and insist that the original is provided if the claimant is to assert that they are two sides of the same document. The skeleton, I assume, is where I argue my side of the case on the basis that: a) the document purporting to be an agreement is not enforceable; b) the claimant has not proved that any such agreement is in default (no default notice served) c) the claimant has not proved that they have been assigned rights under such agreement (no Deed of assignment and proof or service for NoA) d) the claimant has not shown how they have calculated the sum claimed (only partial statements); e) the sums claimed include unlawful charges (its likely that any default notice would include these too). The docs on your thread look perfectly suitable for mine with relatively little adaptation for the facts and specific points of my case. If you don't mind I'm likely to "borrow" them

Yes, but it was quite comprehensive. I asked for special directions on the AQ, but judge ordered standard disclosure. HC only disclosed NoA and limited statements. Their application cites a copy agreement in addition to the disclosed documents. I have had a look at your thread and think that I'm at a similar stage to you back in the summer.

Bump. Can anyone advise on the best course of action? The original Court orders are for lay witness evidence to be exchanged by this Friday. Does the claimants application change this

Major update: I didn't follow through on my threat to apply for an order to disclose documents. I was just thinking about what to do about witness statements when I received a notice of application hearing from the court. It seems Cohens want to seize the initiative, here is the text of their application: What do I do about this? They have now "found" some of the documents that they mention in their POC - the "agreement". However they have not previously disclosed this document to me and the are still withholding the Default Notice, Deed of Assignment and a full statement of account (they only have the most recent ones) I believe the agreement can be challenged because there is no link between the two pages. Do I need to reply with my own witness statement - the original court orders say these should be exchanged by next Friday? Or, do I wait for the hearing and make a statement in person? The hearing is listed for 9 November

I've had a letter from HSBC saying that they have received my SAR and that the processing date is 04 Sept. They are saying that I should received a response by 13 October. I also got a letter from First Direct saying that they had been passed a SAR from HSBC group. However, the are asking for clarification of account numbers as the copy of my request that they have has two of the account numbers crossed out! I can only presume that this was an admin error at HSBC where they had intended to cross out the HSBC branded account on the copy that they forwarded to FD, but they cocked it up and crossed out one of the FD accounts as well. Either that or they are playing stupid games. They called me the other day, but I gave them the standard brush off before they even got to ask security questions. I didn't realise why until I got the letter. I will be writing to them on Monday to confirm the a/c numbers and remind them that this is their cock up, so they have no excuse for a delay . They could easily look up the a/c numbers anyway.

It continues... I have just received a letter from Cohen & Co enclosing copies of the statements and notice of assignment that were listed on their disclosure form. Not even an acknowledgement of my request for additional documents mentioned in their PoC. The letter then threatens me with £5K estimated costs to proceed and offers settlement by consent order. What the hell are these people on - they can't possibly make their case with the docs they have disclosed!

They will have received it on 28 August (which reminds me I must check royal mail for the POD) +42 days - I make that 09 October, so just under 5 weeks left.

Allready done - I SAR'd HSBC at the time I wrote to DG.

The new CCA image does appear to bear my signature. Although I don't recall signing it, its possible that I did. I therefore fear that they have now found an enforceable CCA for the card account. I don't understand why they didn't send me this document last year. Either they just found it or they have just fabricated it. The signature looks like mine, but without access to the original paper I don't think I can be sure. Further to the above, could I just write back enclosing a cheque for ~£5 in full and final settlement of the card account - after all, this is the balance of the statement they have provided? I would then continue to challenge their accounting for the balance listed under the current account as this is over £6K higher than it should be.

Update on this one: Today I have received a response from DG solicitors. They have enclosed copies of my previous correspondence with First Direct. However, their letter of last year responding to my CCA request is accompanied by a completely different CCA image. The account was upgraded from a classic to gold card at about the date of this new document. However, they most certainly did not send me this one in response to my CCA request. In fact I don't recall signing any document at all as part of the upgrade process. The new CCA looks OK to me - Page 2 contains a signature stamp, so I think it is executed. They are still quoting a balance in excess of 7K under the current account number. They have also kindly provided a copy statement for the gold card dated August with a balance under £5! The balance when I put the account in dispute was just over £5,000! Their cover letter says they are suspending recovery for 14 days pending my proposals for repayment. I think my next plan of attack will be to question the accounting whilst I await the results of my SAR. Any other ideas?

They sent me an illegible photocopy from microfilm. Its an application form and I cant find any prescribed terms - except perhaps the credit limit. There is also nothing to tie the customer details on page 1 with the signature on page 2 - it even says page x of 11! Naturally, they haven't supplied the other pages. I wrote to them stating that it is unenforceable and telling them that they should stop processing data etc. Here are some fairly high res scans... Page 1: Page 2:

I need to send the letter by SD at lunchtime today. Please post if you think anything is with this approach.

Right, here is the text of a letter I intend to send to cohens by tomorrow: What do you guys think?

OK, that sound like a plan. I'm wondering if it would be advisable to write to Cohens requesting copies of the documents in standard disclosure and also re-iterating my original CPR31.14 request giving them 7 days to respond on both points before I apply for the order. I suppose I could go straight to the court, but I want to appear totally reasonable - plus it gives me some time to make sure my application and draft order are spot on.

Thanks CB, but I still don't know what to do next. The deadline for requests for copies is up on Friday. Guess I will have to write asking for copies of what little they have disclosed.

I have a number of accounts with First Direct including a Credit Card and Current Account. Last year got into financial difficulties and requested a copy of the CCA for the Gold Card account. I am of the opinion that the CCA supplied is not enforceable for various reasons, so I placed the account in dispute and stopped making payments. With hindsight, I should have made an arrangement to repay the overdraft, but suffice to say I didn't. It would appear that now, roughly one year on, HSBC have rolled both accounts into one as the latest correspondence from DG Solicitors (HSBC in-house) is demanding payment for what appears to be the combined balance under only the current account reference numbers. I understand that HSBC/FD have the right of off-set i.e. the can take a credit balance from one of my account to reduce the debit balance in another. However, I didn't think this gave them the right to transfer debts incurred under one agreement to another. It seems to me that HSBC are attempting to pull a fast one by moving the balance from my unenforceable credit agreement to my current account overdraft which they can enforce. I have recently written to DG reminding them that "the account" is in dispute - I need to stall them to start with as they threatening legal action. I have also SAR'd HSBC for all my accounts with them as I intend to reclaim charges which I estimate will go a long way toward settling the balance of the overdraft. However I now need to work out how to address the issue of splitting the account back out as separate credit agreements. Can anyone offer any advice?

Congrats Wakieblue. I'd be tempted to go for wasted costs is I were you. In my case, Cohen did eventually stump up an N265, but all they are disclosing is a limited set of statements and a notice of allocation. Fingers crossed they will see the light soon.