Can anyone give any advise on my last post?? Thanks Sam

Hi, Unfortuntely i sent in the defence prior to reading Docmans post. I have today received a response as follows:- They mention that as the claim was issued from County Court Bulk Centre no paperwork is provided. With referance to (7) of you defence, it appears that your view that our client is not entitled to interest (persuant to S69 county court act 1984) may be misconceived, The purpose of the county courts (Interest on Judgement Debts) order 1991, specifically s2 (3) (a) upon which you rely, concerns interest claimed on a "Judgment debt" - being the debt owned post judgment. Should you wish to pursue this avenue of your claim, please confirm to us the legal basis, together with supporting caselaw. For the avoidance of doubt, it remains out contention that our client is entitled to claim interest pursuant to s69 County Courts Act 1984. Notwithstanding, we enclose a draft copy of the fully particulars of the claim which we intend to file at court by which, a further 14 days will be allowed for you to file an amended defence to the claim. In order to save the unnecessary costs and judicial time, we request your agreement to file the particulars of claim by mutial consent - a draft order is enclosed for your consideraton, sign and return by xxxxxxxxxx We believe that your liability for the indebtness is irrefutable and consequently, our client will be entitled to judgment by installments subject to suitable offer being received. We would also advise that further legal costs could be minimised if an agreement to repay this debt can be reached. Should you decline our request to file the particulars of claim by consent, we will be left with no alternative but to make a formal application to court and in doing, so reserve the right to refer to our reasonable request when the question of cost arises. ----------------- Consent Order ----------------- Upon the claimant and the defendant having agreed to the terms set out hereto: by consent it is ordered that 1. The claimant is given permission to amend the particulars of claim 2. Within 14 days of receipt of this sealed order, the claimant is to file and serve its amended particulars of claim. 3. The defendant has permission to file and serve any amended Defence to the claim within 14 days of service. 4 The court will, upon receipt of an amended defence as per 3, issue allocation questionnaires. Sign here, etc -------------------------- PARTICULARS OF CLAIM -------------------------- 1. The claimants claimis in relation to the indebtedness of the defendant being a credit card in the sum of £******** 2. The claimant is a banker carring on business at various branches 3. At all material times the deferndant was a customer of the claimant 4. By an agreement in writing ("the credit card agreement") dated on, or around, ## Month 1996 and made between the parties, the claimant provided the defendant with a credit card number ########### regulated by the cunsumer credit act 1974. 5. Attached hereto is a reconstituted copy of the credit card agreement in accordance with principle laid down in "Carey and others vs HSBC plc and others [2009] EWHC 3417(QB). 6. On ## Month 2009 the Claimant served upon the defendant a notice pursuant to section 87(1) of the Consumer Credit Act 1974 requiring the defentant to remedy the breach under the credit card agreement by making payment of the arrears of £#####. The defendant failed to make repayment of the sum due. 7. By a letter dated 17th March 2009 the claimant formally demanded repayment of the sum due to the defentant. The defendant failed and continues to fail to pay the sums demanded. 8. A letter before action was sent by the claimant solicitors, DG Solicitors, to the defendant on ## Month 2009 9. At the date hereof the sum outstanding is as follows:- Balance informtion ############ The claimant claims (a) the said sum of £######### (b) Interest pursuant to Section 69 of the County Court Act 1984 at the rate of 8% per annum from the date hereof until judgment at a daily rate of £#.## Statement of truth END ----------------- They then enclosed the particulars of the claim. Reconstituted copy of the credit card agreement (not signed) Original T&Cs Current T&Cs Notice of Variation Statment of Account Could anyone advise on my next action? Do i sign and send it back or not?? Many Thanks Sam

Hi Citizen B Thanks for your reply, I have added in point 7 - Does this look to go?

subbing? Can anyone help? It needs to be posted today. Many Thanks Sam

Hi Bazaar, I have pasted my doctored defence below Could someone review and comment please. Claim is from Original Lender HSBC, I have requested CCA by Consumer Credit Act 1974, SARS and Now CPR31.14 - Nothing supplied! Many Thanks Sam

Hi, I have been searching for a suitable "embrassed defence" as no reply from DG. I can only seem to find one for debt recovery agencies not for the original lender. Can anyone point me in the right direction?? Thanks Sam

Hi Docman, Many thanks for your help, This is all a bit baffling to me! So i complete the Acknowledgment of Service online using option 1. I intend to defend all of this claim (This then gives me 28 days to complete by defense) Then send the above letter to DG Then prior to the 28 days expiring i should file the 'embrassed defence' to the courts. Does that sound correct? Thanks Sam

Hi Docman, Thanks for your assistance. The POCs are as follows:- The claimants claim is for the balance outstanding under a credit card agreement dated **/**/1996 and numbered 4*************** regulated by the Consumber Credit Act 1974. The defendant has failed to make payment of the arrers of installment as required by the Satutory Default Notice served by the claimany dated **/**/09 And the Claimiant Claims:- 1 # *****.** 2 Interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.000% per annum from the date hereof at a daily rate of # 2.35 to the date of Judgment or sooner payment. Issue Date: 31 Mar 2010 Many Thanks

Hello, Well its been a while for an update 14 months. Basically i have been continually asking HSBC for a signed copy of the agreement under the CCA, I also requested it under a SAR - But still nothing. Then i receive a letter from DG Solicitors and once again i request a copy of the CCA and nothing has been supplied. Then it went quite for a few months until today when i receive a County Court Claim N1CPC. Can anyone give any advise on the way forward? Many Thanks Sam

Hi, Unfortuntely that is the copy they sent me. Forget the fax details, I dont have a scanner so had to fax to email. All the paperwork arrived in the post. The T&C or the usual buff with the APR's listed, There is no credit limit details. Thanks Sam

Hi, Full letter as received and T&C

Hi Hope this enough info for you. Interesting to note the "BANK USE ONLY" Authorised Signature box is blank"!! Thanks Sam

Hi, I asked Barclaycard back in November for my CCA and they have been sending me a copy of the T&C etc but i have continued to pester them, Today i have received a copy of my application form (signed) It does say "Credit Agreement regulated by the Consumer Credit Act 1974" In the letter received from Barclays is states "A signed copy of your application form is enclosed which advised you that "This is a credit agreement regulated by the Consumer Credit Act 1974 sign it only if you want to be legally bound by its terms" To my knowledge this is the only form i signed. Would a court decide this is enforceable and has it meet with the CCA request? Many Thanks Sam

Hi Danny, Im interested how EGG responded to your letter?