Would you believe it, I received a response today, nothing new in it same old application form they had last time! So they failed to comply with the court order, were given another month by the court to file and serve, and do it on the very last day! Really annoyed, giving them extra time surely cannot be fair!, and they're going to court with absolutely nothing new, and despite the order saying they have to have the original in court, which Im pretty sure they won't have! I really really need someone to look at the alledged CCA, but I just cannot upload it no matter how hard I try, is there any other way I could get it looked at, maybe send it to mods to edit out my details then post on my behalf. Really need to focus on other stuff right at this moment, can anyone help. Maddie

Thanks Ford, one less thing to worry about thankfully

Received a letter from the court on Saturday, claimant has until 19th February to comply with the order issued in November or the claim will be struck out without further order and the hearing vacated.

Not really the place for this I know, but my husband told me this morning he was leaving me for another woman, promptly packed his bags and went, Lowell's at the moment seem insignificant x

Sounds like a plan, will do it now, thanks Andy

Sorry to be dim but, do you mean, raise it with judge first thing at the hearing, or contact court first thing, ie today. Also, if DJ at last hearng said the original needs to be in court, can another say no it doesn't, ignore the last judge, ignore the fact you haven't complied with his order, let's get this over and done with so to speak! I'm so confussed! Could this be why you think asking court to impose sanctions would be a better idea?

I will phone, but I'm not paying a fee, if they won't do anything of their own accord I'll leave it up to the judge what to do on the day of the hearing, unless you think that's a bad idea for any reason.

Is there a particular form I need to use to inform the court, or just in writing? I had a look at the sanction section on the justice.gov website, but not any clear information for a situation like this, I don't want you to think I'm lazy and expect you to answer all my queries, I do try, promise!

Eeeek, sanctions? Will this affect my claim for the return of charges and/or PPI? They haven't got a CCA, and have to have the original at the hearing in April, as per the DJ's order. Just want to make sure you're clear on the case to avoid you having to go back over this lengthy and old thread.

A year on and heard nothing more. Hoping that's the end of it, but will update in the unlikely event of anything further. Many many thanks for all who offered advice ate he time.

Any updates on this Kinger?

Hi guys, me again! Lowell were to respond to me and the court (submit and file) by the 12th Jan 2015 as per the judges order, nothing received by me to date. What happens now?

It's been sent off now Ford, so what will be will be! I enclosed the original NOA, and the one Lowell proclaimed to be the one they sent me, they are very different, although it doesn't have any real importance, it may just make the judge question their other documents! I had to get it sent off as it was causing me so much stress, what's the worst that can happen really, I loose and end up paying £10 a month, not really worth loosing sleep over. Obviously I would like to win, just to prove to Lowell they can be caught out, but as we all know, it's unlikely! As always I am very grateful to you for the advise Maddie x

Thanks for clarifying that DX, Im not going to get it posted off today, I will have to pay guaranteed 24 hour post tomorrow to get Lowell's to them for Monday, and I can file in person at the court, so that gives me the rest of today to get this wrapped up. Do you or Andyorch think I should mention all the discrepancies between my original paperwork and Lowell's cut, copy and paste jobs, do T&C and assignment notices have any bearings on enforceability? I'm pretty sure I'll be back soon, please bear with me

Ha ha Madge! Nope not getting it, why 19th Sept? What is it Im missing? Could you idiot proof your response DX Thanks

I have Claimants name Me Lenders name Cap One Account number 12345678 Claim from The day after they stopped charging me interest 03/02/2008 Claim to Blank interest rate 8% Date of charge 03/02/2008 Description Penalty Fees Amount of charge £323.35 Days elapsed showing a minus - 1234577 Compound interest showing minus - £323.35 Where have I gone wrong please??

But I leave the 'to' date blank? Do I send the two docs with 8% added or keep hold until just before the hearing?

Oh, I get it, thank you, makes sense once you know Maddie

Thanks Andy Finally done both spreadsheets, so now I have got one for charges and one for fees. How and where do I caculate the 8% interest, Dx says the sheet will do it, so do I enter the total figures (including interest at 2.4) onto another spreadsheet adding interest at 8% in cell 15? First PPI payment was made on 03/01/2004 and last on 03/12/2007 First charge was on 29/08/2005 and last on 29/01/2008 This bit is confussing me, I cant add interest at 8% because of the different payment and charge dates, Im sure theres a logical answer but I cant see it. Can someone pop in and and give me some advice, as I need to crack on with this asap. also, the witness statement is stressing me out, big time

What a relief to have someone helping me fight my corner, Andyorch said he'd take a look too, feel a bit better now, so thank you DX and Andy for saving the day! Will have a look through the link DX and redo the spreadsheets, I haven't looked yet, but I assume the CISHEET is located there. Back soon, please don't forget about me. Getting ready to redo the spreadsheets as per DX's instruction above, but The interest rate varied from month to month very slightly, shall I err on the edge of caution and enter the lowest in cell 15?

I have prepared a spreadsheet for the PPI payments, adding 8% interest. Q1 The date from is obviously the date of the first PPI payment, BUT what should the caculation to date be: a) the date of filing and serving ie 08/12/2014 b) the hearing date in April 2015 c) some other date I have copied all monthly statements showing PPI payments and attached them to the spreadsheet. I have a spreadsheet for penalty fees at £20, again adding interest at 8%, and another for penalty fees at £12 plus 8%. I did them seperately as Im not sure what the latest on how much is considered to be a fair charge these days. Q2 As I understand it, the prescribed terms have to be either on the signiture page, or referred to, on the signiture page, in other words, they could be on a seperate document, as long as they are with the signiture document and referred to. Is that correct Q3 How do I word it that I cannot read the copy CCA to see if the prescribed terms are there, but it looks as if they are not. The T&C Lowell sent me for the last hearing have a few discrepancies, the interest rate is different to the interest rate on the document on which the credit card originally came attached to. One of the charges for over limit/returned direct debits differ from what it says on the document the card was attached to. This same document says, this forms part of the agreement which you previously signed, it also has the credit limit, and the way in which payments are to be made, which as far as Im aware are three of the prescribed terms, that are required to be with the signiture document, clearly they were not. all three prescribed terms were on the letter with the credit card, delivered probably at least 2-3 weeks after I signed the application form, not on or with the document I signed. How do I word that without saying, its obvious that what Lowell have sent me are not the original T&C because some things are different, it looks as if they have copied bits from the card document similar to the one I have, and slotted various bits from it, in various places into the T&C to make it look like it was all part of the same package. I also have the original notice of assignment, and a copy from lowell as an exhibit within their disclosure pack, but they are different, not even the signitures are the same, so again, not a true copy of the original. Q4 Do I mention these discrepencies in detail, or just say there are some discrepencies which will come to light at the hearing. If there are any night owls out there wanting to pass the time, please feel free to get me started on the witness statement, as I'm at a complete loss how to word it, and getting pretty stressed about it as im rapidly running out of time. It would be such a shame to let them get away with swearing that they are telling the truth, when they clearly have a bunch of fake documents. Need to submit tomorrow, please someone try and make sense of my messy way of putting things and help me to write it in a way the court will take seriously. Many thanks for taking the time to read this, and any input would be really appreciated Maddie

Anyone still up who could answe a question or 2 for me, pretty stressed about getting my witness statement sent off tomorrow.

Yes agreement was prior to 2007. I have received the order of the court today, will post details later Order of the court Upon hearing from the representitive of the claimant and the defendant in person The court noting that the claimant had not produced at the hearing the original of the relevant credit agreement That the issues include 1 Whether or not the agreement was 'improperly executed' for the purpose of the Consumer Credit (Agreements) Regulations 1983 2 Whether or not the court should if improperly executed allow enforcement of the agreement having regard to Section 127 of The Consumer Credit Act (the agreement having been entered into before the repeal of subsection (3)) TBC in next post. Ipad malfunctions if post is too long! And noting that the Defendant had only recently received a copy, that the Defendant had requested the benefit of payment protection insurance apparently through the agency of the original creditor That it is part of the defendants case that she had paid premiums for that insurance, had become ill during the currency of the agreement, had wished to make a claim, had asked for details of how to do so without response from the original creditor. IT IS ORDERED THAT 1 The defendant is to file and serve a further witness statement by 8th December 2014 with details of the history of her payments of premiums for protection insurance and her attempts to obtain details so that she might make a claim, exhibiting copies of all relevant documents. 2 The claimant is to file and serve a witness statement in reply by 12th January 2015. 3 List for hearing on first available date after 1st Febuary 2015 allowing two and a half hours. 4 The claimant must produce the original credit agreement at the adjourned hearing. 5 Costs reserved I have to get my witness statement and the relevant laws etc spot on, can't risk mugging off the judge given the fact he's been pretty fair to me. I would be eternally grateful of how to word my WS, as I tend to waffle a bit too much if left to my own devices. But more importantly, I must get the relevant laws correct! Your thoughts would be appreciated

I haven't had anything from the court yet, but DJ said would the 8th December be long enough for me to get everything to Lowell. Probably best I get it to them a few days before. Thank you ford, I'll have a read through the Wilson case. Sorry again to keep asking questions, seems like DJ is going to address the PPI issue, even saying to the Lowell rep, that it's likely their claim will be for a considerable amount less than they were expecting, but he, nor I mentioned charges or penalty fee's as they are now known as. Couple of questions Is there any laws etc regarding these, if so I need to get myself familiar, in order to get the DJ familiar! Also, once Ive proved to the DJ the 'application form' is not an enforceable CCA, what will his/her choices be, regarding the penalty fee's and PPI payments, can it be offset against a debt that he/she is not able to rule on? I'm not expecting or even wanting the money to be paid to me, in my eyes it's long gone, Im just intrigued to know what the possible choices a court has under these circumstances.

Sorry to bother you all again, I have been thinking the events of Monday over and can't quite get my head round what to expect. In all likelyhood the court will be unable to enforce the debt, due to the fact that the DJ now knows the original needs to be produced at the hearing. Now I am pretty sure Lowell won't be able to produce the original application form ( which DJ says is the CCA) so first thing I must do is find the laws or whatever it is, to prove to the DJ, that what he is calling the CCA is not enforceable regardless of whether it's the original or not, because it doesn't have the prescribed terms on the signature document. I've been doing a bit of research on the '4 corners rule'' but if I'm honest I'm still none the wiser! So for clarification, put simply : The agreement has to have the prescribed terms ie, how the debtor is to make repayments, rate of interest, credit limit, and be signed by me and the creditor? if any are missing, it's not enforceable in court? Is there anything I've missed, mistaken or got wrong? Oh sorry, the question I wanted to ask, I forgot. Does the above have to be all on the same sheet of paper, or can it refer to another document, and would the referred to document need to be with it, or could it be sent at a later date.