I would assume working just to make sure it gets there in time, although I believe it is calendar days.

Was on the news yesterday I think (Radio 4). MSE and CAG are waiting for them to come up with the new arguements and will post more in the next couple of weeks I believe. Regards

Was the card in joint names? I think you need to Acknowledge service and send the CPR request for information letter to the claimant to see what documents they have. Can you post up the DN and agreement for others to comment on. (minus personal info). Is it the original creditor taking you to court or is it an assigned debt?

Have you actually got a CCJ or have you received a claim form from the court?

Latest letter from Triton. --- We refer to our previous correspondence concerning your outstanding obligations detailed above. We remain very disappointed that you have failed to settle the debt or make satisfactory repayment proposals. We have now recommended to Tesco Personal Finance plc that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs. This may involve the granting of a county court judgement(england and wales) or a court decree (scotland) against you. This would become a matter of public record and may adversely affect your ability to obtain credit in the future. Should the debt continue to remain unpaid, we may ask the court to enfoce the debt against you. The enforcement options open to us are as follows: 1. the county court bailiff (england and wales) visits you at home and takes away possessions to sell and set off against the debt. 2. a charge is placed against your property or assets which would remain on the land registry records until the debt is paid. 3. your employer deducts monies from your salary or wages to set off against your debt. 4. you attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or district judge. we would far rather come to a satisfactory arrangement with you to settle this debt and therefore recommend that you contact this office on 020... to discuss repayment the moment you receive this letter. we look forward to hearing from you. --- Exactly the same as that received earlier, see post #66. Will carry on playing the waiting game for the time being I reckon. Regards

Notice of Assignment needs to be sent by registered post, so they must have proof of postage or delivery for it to have been served properly. See LPA 1925 s.136 and s.196

Re the documents you posted #123. Is there anything to link GSD1 page 1 and 2 together? Page 1 has a ref no. vir 04/04 Page 2 has a ref no. vir 101-p-02 So they do not look like front and back of the same document. Plus its not signed by them. GSD2 - have they sent all the statements or do they start with a carried forward balance? GSD3 - DN 6 march was a friday. 1st class post date of service would be the 10th, second class would be 14th therefore not enough time to remedy. My opinion only, look for further comments on this. The DN refers to para 8 on the agreement. The agreement they sent you has no paragraph 8? - Double check to be sure. Are the arrears correct? or are they asking for the full balance? GSD4 - DoA Anything to link the 3 pages together? Anything to link your name to the Deed? Date on Deed 29.12.2008? GSD5 - NoA Does the amount on the NoA match that in the DoA Date on NoA 9.04.2009 --- I would look at a full defence and also look to get a skeleton arguement together. See if there is any points of use or interest in mine if you want, but make sure you check the info yourself and are clear on your arguements. Regards

Well the DN said it was issued in accordance with the CCA so therefore if its not correct the agreement has been rescinded unlawfully? Its not a lot involved to be honest, I'm just seeing what leverage I have if they start to restrict any of our services. They still haven't refunded the bank charges caused by their breach of the DD guarantee which they said they would. So, just getting a feel for the situation to be honest.

Thanks for the prompt reply CitizenB. Will give them a nudge. Regards

Hi GirlAloud. No further letters from Triton although they did call twice and I just told them to put it in writing. Just waiting to see which move they take next.

So no witness statement from the actual claimant then... re point 6 and 7, any evidence of it actually being posted/delivered? re point 8, see money laundering regs, finance act etc Are the DN, Deed of Assignment and Notice of Assignment ok? Will look in over the weekend, but I would suggest looking into getting the full defence and counterclaim in. Regards

Good result, hope it keeps going well.

I think CCCS just usually admit it, so if you want to defend, you will have to defend it yourself. Might be worth doing the CPR requests to Cohens in any case.

Hi humbleman Can't really comment, would have though it better to go to the hearing. If you don't get any comments, you could try hitting the red triangle and asking the site team for input.

Looks ok to me, but would look for more comments as not done one myself. Good luck

Hi Orfoster, A witness statement is purely that, a statement of what you have been witness to in relation to the claim. i.e letters sent/received, when, how, phone calls, what they/you have or haven't done etc. and doesn't go into what you would put in a defence in my opinion. The order is for submission of documents you would rely on in court, which to me would include the defence. Even if it means sending a covering letter to the court asking for the submission of the amended defence to sit on the case file pending the receipt of all the information you require from the claimant. Might be worth hitting the red triangle and asking a site team member to lend a hand as well. Regards

No, Defence is one document. Witness statement is another. Don't mix the two up, you can sort the witness statement later. Just sort out the disclosure of documents and the defence as discussed before. Regards

Also, as its on the 28th, you will need to get the documents to the court by the 14th. So hand deliver to court (if local) on 14th or next day delivery if your posting it tomorrow. You need to send to Cohen as well, so best to do it today and post all tomorrow. Also, I would send the modified defence as well. Also, keep an eye on your dates and make sure the witness statement is done in time as well. The advantage is if you only just got it, then they probably only just got it as well, so keep an eye out for their documents and if they don't come in time make sure you let the court know... Regards

Evening Orfoster Have a look at pages 2 and 3 on my thread. http://www.consumeractiongroup.co.uk/forum/legal-issues/184852-c-l-finance-ge-2.html You can get the N265 off the hm courts website, fill it in online and print about 3 copies as you cannot save it. Bump when you have a few suggestions you want comments on. Regards

Any thoughts on the above?

I always used to run AVG, malware bytes and ccleaner but now just run microsoft security essentials on windows 7. My biggest annoyance with IE8 is the domain highlighting so have downloaded firefox 3.5 but not installed it yet.

Looking forward to seeing what response you get. Keep us updated please. Regards

Trial soon any comments or advice beforehand welcome. Many thanks

With a hire purchase agreement if you have paid back one third or more of the total price of the goods the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court - CCA 1974 Sect. 90 Also see sect 91, consequences of a breach of sect 90. Only applies to HP agreement so you would need to check what type of agreement you have and double check what you have repaid to be sure where you stand. There are other members who have more experience on this, so if you give as much info as you can this will help people advise more specifically. Regards

Can you post up the last order or correspondence from the court please.