Just got in from work – hell of a day but reading about your win makes me feel so much better. Well done FB – you done good.

S173 of the CCA 1974 would scupper their argument. To terminate the agreement at any time would be inconsistent and in conflict with the true meaning of the act anf therefore the term would be void as far as the act is concerned. Where is the credit if a credit agreement can be unilaterally terminated by the creditor at anytime?

All the best for tomorrow FB

If Cohens have asked for it to be discontinued then it's pretty much all over.

This is a copy of the draft order that I sent to the court - I also included a schedule of costs and a covering letter. In the xxxxxxxx County Court Claim number xxxxxxxx Between CL Finance Limited - Claimant and atwozee - Defendant Upon reading the Defendant’s letter dated xx/xx/2009, IT IS ORDERED THAT 1. Claimant to pay Defendant’s costs, the Court being satisfied that the Claimant acted unreasonably in not responding to the Defendants legitimate request for information before and after the claim was issued. 2. Defendant’s costs summary assessed at £295.00 based on Defendant’s schedule and allowing 31 hours preparation time. 3. Claimant to pay £295.00 to Defendant by 4pm on xx/xx/2009 4. NOTICE OF ORDER MADE WITHOUT A HEARING Because this order has been made by the court without considering representations from the parties, the parties have a right to apply to have the order set aside. varied or stayed . A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive to the court office within 7 days of receiving this order. Dated xx/xx/2009

UPDATE I requested costs from CL Finance but they didn’t respond – No surprise there then - I asked for £300 I then wrote to the court and included a draft order for costs – wasn’t sure if this would work. Received an order from the court requiring CL Finance to pay my costs within 14 days – I didn’t have to pay a fee so this is just to let everyone know that a well drafted letter can work if you are applying for wasted costs. Wonder if I will have to send the bailiffs in!!!

Result - well done I dont think they will be back.

Hi Scarydays – did they comply with the order?

Well done - they won't be back - it would be an abuse of process.

Sit tight for a bit – not much you can do until CL notify the court that they wish to proceed – not much point in you applying to lift the stay as this would cost you a fee. Check with the court every couple of weeks or so just to keep updated. MBNA have nothing to do with this now BTW – the account now belongs to CL Finance.

Nice one – you’d think they will take the hint and drop this before it costs them any more.

Looking good Gooner – just a formality now

Clock’s ticking then! When they fail to send the requested documents by the date on the order then I suggest you type up a simple witness statement (I can help you with it if you like) and send this recorded delivery to the court along with a letter to the Court Manager asking for the claim to be struck out in compliance with the order.

It can drag on Scarydays - just had mine struck out by the court because the claimant failed to supply the requested documents - wait and see what the court does next.

*UPDATE* I did get a little bit of a runaround by the court – I contacted the Court Manager and asked for confirmation that the claim had been struck out in accordance with the order – the court then wrote to me and asked me to submit a witness statement confirming if any documents had been served by CL Finance – None had so I sent that recorded delivery and a copy via email – that was 2 weeks ago – I chased the court on Tuesday and today I received the following in the post: IT IS ORDERED THAT The claim is struck out This site is truly fantastic and I send out a massive thanks to all who have contributed. Can one of the site team please change the title to WON please. I will be pursuing costs and then making a donation. KEEP FIGHTING!!!!

I would suggest you write a short and sweet letter to Capquest informing them that you do not acknowledge any debt legally owed to them and point out that you have disputed the legality of any alleged debt in relation to this account with MBNA. Inform them that they will need to provide a true copy of an agreement that is compliant with the Consumer Credit Act 1974 if they wish to pursue this matter further. You might want to add that if they do pursue you any further without supplying a copy of such an agreement then their action might be construed as harassment. You should be pretty confident in seeing off Capquest based on the copy of the alleged agreement they sent you and backed up with the dodgy DN. Stick to your guns my friend – NO PRESCRIBED TERMS = UNENFORCEABLE AGREEMENT

Super job Supasnooper!!!!!

This case is stayed at the moment – waiting for LTSB to decide whether they want to take it further.

I would suggest you email the court (this will be the local one) or phone them (if they don’t have an email address) for a status update on this case. It might be that Cohens haven’t filed an AQ yet and will need pushing by the court.

If the original t&c’s are a separate document and the application was approved pre April 2007 then they fail under s127 (3) of the CCA 1974 and the agreement would be unenforceable – clearly this is an application form. I bet they would settle for that amount as well – they probably paid peanuts for it in the first place.

Very well done – so pleased you got a result out of these bankers!

Have a read of the following post – the whole thread is worth a read TBH http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn-5.html#post1996147 If your account follows the same pattern as mine then the next thing they will do is sell your account on – 3 or 4 weeks tops.

Well nothing has materialised – so I have emailed the court requesting the claim stands struck out in compliance with the order – sent a copy of the request in the post also. Hopefully that will do the trick – will give a final update (hopefully) and summary next week. Enjoy the pop DonkeyB – think I’ll have a glass or 2 myself tonight.

May be send an email (if the court has an email address) attaching your original letter (just in case it did get lost in the post) Mark it urgent and for the attention of the court manager.

Well done PGH. Hi CB – Most of the draft directions came from CCM (cheers mate!) but I added the last bit in light of recent discussions – every little helps as they say. I just hope I don’t get the run-around with the strike out – but the order is pretty specific so fingers (& toes) crossed – then costs I think!