Hi, The claimant on the form is horwich farrelly. Thanks again for the defence letter it's really good.

Thanks CCM and everyone for your help. Sorry CCm I didnt see the post above. The defence will be sent off today, thanks again really appreciate it.

Hi, sorry to be a bit thick what's the CPR? I suppose that answers your question!!! do you have a template or letter i can use as my defence to send them please? Thanks again for your help:)

That's great thanks, will do

Hi, It was set aside on 8th April, have 28 days so by 6th May. Thanks:)

Hi, I received the POC today from the court, I can't scan it until Monday so I'll type it - its very brief. "The claimant claims outstanding monies due to and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained and the claimant claims 1. the sum of ... interest pursuant to S69 of the county court act 1984 at the rate of 8.00 % from ... to date hereof 600 days is the sum of ... future interest accruing at the daily rate of .25.4 costs" As previosuly said Ive CCA'd HF and Cap 1 for a signed CCA but nothing. Ive still got the letter from HF saying that they would take no further action. Can you help me with my defence please. Thanks again for your help

Anyone any ideas what I say to them about this?? any help greatly appreciated thanks

Hi, When I spoke to the court this morning, they said that they hadn't done anything yet as it was set aside on Wed 8th, but because of the bank holidays nothing else has been done yet. When that cmes I'll post it on her. Thanks again for all your help:)

Hi, I've spoken to the court and they will send the claim out to me, but she says that it was lodged under the heading that there is outstandig monies due to a credit agreement. both Cap 1 & HF have ignored our requests for a signed CCA and actually have only sent an application form but no agreement etc. Do you have a template I can send to the court to defend this pease? Thanks again

Hi, That's great thanks. Ive rung the court but its closed until tomorrow, will do it again then. My worry is that we only have 28 days to send our defence in to the court, and if the documents don't come from HF do I write to the court explaining that? HF didnt send a copy of it to the judge either, I'm presuming that it's because it had our old address on it! Thanks again to everyone who has helped us so far - exhausting or what!!!

Hi, The only paper work we received is above. They sent us a letter saying that wouldnt take any further acion after we had written to them and said the account was in dispute and we also CCA'd them. On that same day we received letter from the court, also above, saying that a judgement in default had been registered against us. When i rang the court HF had had the court papers sent to our old address, where we hadnt lived fo 4 years. One of the reasons the judge overturned the judgement was because they deliberatley tried to mislead us and we had proof that they knew our current address. The judge gave us their defence but it contains nothing more than records apparently showing phone calls to our house and an apparent agreement to pay it, none of which were true.Th only record we have of it going to court is the judgement ruled against us. hope this makes sense!

Hi, Yes it was opened in 2007. Do you have a template or know where I could getone to reply to this letter please? Thanks again for your help - it's much appreciated!

Hi, Thanks for that - they say that it states to read the terms and conditions before putting a cross into the box. We haven't had any proof from them that this was the case- surely they could provide a copy of the electronic signature? At no time did they send through such terms andconditions with the rates or credit limit for him to sign. Is this still enforceable, as we have onlythier word that they are unable to send a hard copy of anything through?

Can anyone help me please? My husband had an account with vanquis, I CCA;d them to which they didn't respond. Roxburghe have now taken it over and they wrote to me today saying that as we applied for the card online a hard copy of the application is unavailable, but sent a copy of terms and conditions. They also say that by ticking the appropriate boxes on the online application this constitutes a digital signature and I am bound by that. Can anyone tell me if this is the case, no hard copy containing my digital signature or anything with my name and details on has been sent, what should I do now/ Thanks for your help

Hi, I'll briefly go through my case - I CCA's Cap 1 and the usual happened and got letters from Horwich farrelly demanding money. I CCA'd them and they sent aletter stating that they wouldn't take any further action, however on the same day they issued court papers to my old address, which I hadn't lived at for 4 years. I appealed against this and went to court last week, they didnt show up but sent the Judge information which contained blatant lies - needless to say they ddn;t send it to me. The judge OVERTURNED the ruling and now I have 28 days to send in my defence. I need help from anyone please as what to out in my letter of defence. They still haven't given me a copy of a signed agreement, just a letter of application. They have ignored my CCA requests and I need to follow this up with the court ASAP. A partial win against liars - but please help me to fight the last bit! Thanks to everyone who gave me great advis last time - it worked!! Thanks in advance

Hi everyone, Thanks very much for all of your help, its greatky appreciated. Ive sent off the papers to the court asking for the judgement to be set aside. Will post as soon as I receive their response. Here's hoping!

Can I ask anyone for urgent help please. briefly I was paying a dca for my cap 1 account until last year when I changed banks so I cancelled the payment because I couldnt find their detals to contact them.About a few months ago horwich farrelly wrote to me. I have cca'd them and on Friday i received a letter from them saying that they would take no further action, but in the same post i received court papers ( see link). I rang the court today and they said the court papers went to my last address where we moved from 4 years ago, all correspondence from horwich has come to my new address. can anyone please tell me what I can do now? Thanks in advance, any help is appreciated. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167798-capital-1-horwich-farelly.html

Hi, My friend had a vanquis crad and it went through to CARS DCA after she CCA's them. No CCA has been sent and the DCA is stating that they will send a doorstep collector on Thursday. I know that there was a letter to stop this but I cant find it, does anyone know where it is please/ Thanks in advance

Thanks very much for that, I'll do that today in the meantime await more calls from my friends at debitas! Cheers:D

Hi, With regards to my Capital 1 account I cca'd them and received a blank agreement. I then replied with the letter thanking them for agreeing that this was a true copy. I have then been bombarded with calls from Debitas, I sent them the bemused letter and more recently the telephone harrassment letter, which I also sent back to Capital 1. I've typed up a letter I received today from capital 1 and I need help with what to do next. I had to laugh when Capital 1 said they wouldnt contact me for 28 days, but whilst typing this my friends at Debitas have rung, she even got quite irrate when i said that i was recording the call because apparently I dont have her permission to do so:D Thanks in advance for any help - Its pretty lengthy but I appreciate any help. Dear ... As I’ve previously explained we use an automatic telephone system that will continue to call you until a payment arrangement is agreed or your account has been brought up to date. The calls are necessary as we’re obliged to keep you updated with the status of your account and to see if we can offer any help in dealing with your financial situation. You have also said that you are in dispute with the account and according to the letter sent to Debitas, have been since …However you have not explained why you are in dispute. We wrote to you on… including copies of your credit agreement and terms and conditions for your account. This was in response to your letter of … However your balance consists of transactions that you have made and are therefore liable for the full outstanding balance. As you have failed to make any payments since ... default sums have been charged which could have been avoided. This has resulted in a statement of default being issued on … and you account being passed to Debitas to recover the remaining balance. To avoid further action you need to contact Debitas immediately to arrange repayment of your account. It is important that a payment arrangement is agreed with Debitas to prevent this situation from escalating. We do not consider it unreasonable to contact our customers by phone and will not therefore be removing the number you have provided. However once a payment arrangement has been agreed the calls will stop providing you keep up with the agreed payments. I have noted on your account so we won’t call you in the next 28 days. This is to give you the opportunity to contact Debitas to discuss the repayment of your account. However you will continue to receive calls if an arrangement is not agreed in this time. Signed Ellie Renshaw Executive office manager.

Hi, Yes HF said they took over from Robinson Way. Ive typed the main bit of the letter. Cheers for your help, I'm still panicking but not as much now!!! Creditor: Robinson Way Court Northampton REF starts with 8XM We refer to your recent enquiry which has been directed to this office. In order to look into this matter we need the following information or copy documents as indicated below. Then the next bit is handwritten Please note your account has been sued. The judgement has not been registered yet and if you pay the sum of (total outstanding) by 27/11/08 we will stop the judgement. Please call … if you wish to accept this offer. Yours faithfully Etc I haven’t received any paperwork from them prior to this, I haven’t moved address only my bank account which was before they took this over. They say they refer to my recent enquiry which I assume is when Robinson Way contacted me 15 months after my last payment to demand at least £120 per month.

Hi again! Ive removed the letter because it still shows my details Shall I type it again as I had to go and use someones scanner! Or shall I just CCA HF and see what happens. Thanks again, its really appreciated

Hi Ive scanned the letter from Horwich Farelly below, apologies for it being wonky! Any help is greatly appreciated Click to add title (edit) ok cancel Click to add description (edit) ok

Well exactly - that's thier exact wording! I'm trying to scan it and upload it with photo bucket. Any help what to do would be great

Hi, Thanks for your quick replies. What is a SAR and how do I word the letter? I don't know if they have added anything onto the account because I dont have any paper work for it now. Sorry for being dim but your help is appreciated!