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?

Hi, Just to let you know this is still rumbling on. I have asked them now 4 times to provide the orginal signed agreement (or copy of) and they are still declining stating they don't have too!! So a quick question under a SAR request do they have to provide the signature? If not i don't know what else to do. Personally i'm 99% sure they dont have it as the credit started 19 years ago.. Thanks

What would anyone recommended as the next step? Do they have to send me a true copy of my signature?? The reason i ask is that another cca request i have made to Halifax has come back with a similar reply stating "Under the act they do not have to supply a copy of the true signature" i have had the card for 4 years and expect them to have it, Do they have it and don't need to supply it or are they fobbing me off because they don't?? Any advise greatfully received

Hi, Just received a reply to my letter and it is a follows:- START I write with referance to your letter dated 26th November 2008 and your request for a copy of the original Agreement relating to your credit card account. I am sorry that despit our previous respomse that you remain dissatisfied. Section 78 (1) of the consumer credit act 1974 requires us to provide a copy of Executed Agreement if any. Regulation 3 (2) of the consumer credit (Cancellation notices and copies of documents) regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature. Therefore the copy of the Executed Agreement we must supply is a copy, but need not be a photocopy, the signed agreement as varied, where there is a power to vary the Terms of the Agreement, which there is with your Card Agreement and the power has been exercised to vary the Agreement, which again is the case with your Agreement. We have, therefore enclosed an upto date copy of the terms applicable to your account, a copy of the latest variation notice issued in respect of the account and a blank copy of the agreement form. The agreement form contains the original terms that you accepted when you entered into the agreement, The section headed introduction highlighted gives the bank the right to vary the Terms. The variation notice shows that the Terms have been varied and therefore, in accordance with the legislation, the up to date Terms and the appropriate information to produce I trust my responce has claified matters for you. However, I am obliged to advise you that complaints we cannot resolve can ultimately be referred to the Financial Ombudsman Service. If i do not hear from you within 8 weeks, the bank will consider this matter resolved. If you have any queries or would like any further information, please contact 0845 xxxxxxx, quote ref number xxxxxxxx I trust that matters are now resolved to your satisfaction, If this is not the case, you can escalate your concerns by writing to the Senior Manager of our Service Quality Team at the following Address. The Senior Manager Service Quality Team HSBC Bank PLC xxxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxx xxxx xxx Iam obliged to inform you that complaints we cannot resolve can ultimately be referred to the Financial Ombudsman Service, Thank you for taking the time to bring your concern to our attention, Iam only sorry it was necessary for you to do so. Your Sincererly Ben Trow END Any advice on the next step?

Thank you for your posted letter, It is now in the post I will update you when a responce is received

Many thanks for your reply. I will get that sent out monday.

Will this letter me a good one to send?? Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. And (b) If the default continues for one month he commits an offence. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully

Sorry i can't seem to find the S.A.R. template. could you point me in the right direct on the site please. Thanks

Thanks Josie I thought as much, S.A.R letter going in the post Monday

Hi, Could i ask for some advise please, I took out a Midland card back in 1990. I used the template from this site to ask for a copy of the CCA and sent the £1 postal order. I have today received a letter from them which states as follow:- START - "I refer to your recent letter and have noted your comments Your letter has been treated as a request under 78 of the consumber credit act 1974 and i have, in compliance with that section, enclosed the following documentation: A copy of the original Agreement Form A copy of the original Terms A copy of the latest Terms A copy of the latest Notice of Variation Please find enclosed your payment of £1 Section 78 (1) of the consumer credit act 1974 requires us to provide a copy of Executed Agreement if any. Regulation 3 (2) of the consumer credit (Cancellation notices and copies of documents) regulations 1983 allows that certain items may be omitted from such copies, including the signature box and signature. Therefore the copy of the Executed Agreement we must supply is a copy, but need not be a photocopy, the signed agreement as varied, where there is a power to vary the Terms of the Agreement, which there is with your Card Agreement and the power has been exercised to vary the Agreement, which again is the case with your Agreement. We have, therefore enclosed an upto date copy of the terms applicable to your account, a copy of the latest variation notice issued in respect of the account and a blank copy of the agreement form. The agreement form contains the original terms that you accepted when you entered into the agreement, The section headed introduction highlighted gives the bank the right to vary the Terms. The variation notice shows that the Terms have been varied and therefore, in accordance with the legislation, the up to date Terms and the appropriate information to produce" - END It would appear to me that they don't have the original signed agreement?? because they have only send me a blank copy and returned my payment. Could someone advise me on my next move? Many Thanks Sam