Hi GH Sorry I have made a mistake there is no difference between the two agreements I have. My mind is not on it today! My AQ was saying if they haven't supplied the docs how can it proceed. Their AQ says yes they would like to use small claims mediaton service, No reason to transfer to another court, small claims track is the most suitable track (i thought it was fast track for £15k?), No expert witnesses, No days they can't attend court, yes they have attached the fee (3x £100 cheques!?!!), signed by Bryan Carter. Cupcake

I sent the S78 request last week to Egg. Today I have received a copy of my agreement from Brian Carter. His covering letter is dated 20th October but the actual copy of the agreement says it was sent to me on 16th July 2010. This was when I was waiting for further docs from them. I never received this but if they show this letter to the court it could look as if I am lying!!!! That will not look good. I have been through the agreement word for word with the one I was sent in Nov last year and there is an extra term in the new one. It is in relation to customers who applied before June 07 so doesn't relate to me but it does make the agreement different to the one they sent before. So now I don't know if this is in reply to my CCA request or because they have read my AQ and realised they didnt send it....... This woldn't be the first time they said they sent something and I never received it!! Where do I go from here? Cupcake

Thanks for the support GH I am obviously delighted at this result but believe me the only roll I think I'm on at the moment is the downward one!! Things not as good here as they probably seem! Cupcake

Hi Cym If there was a pattern to any of their behaviour we would all be able to beat them! And they wouldn't want to make it easy!! I will keep my fingers crossed for you. Cupcake

Hi Dotty Between £3k and £3.5K Cupcake

Thanks Frettful Obviously I am very pleased but I still have many battles to fight not least of all our favourite creditor!!!! Cupcake

Let's hope so Dotty! Cupcake

Hi Guys I have finally received Lowells response (waiting since March 2010). "After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance. We trust that you will find this satisfactory and that this mater is now closed." Thanks to Undercover Elsas letter!! (will be thanking her personally next). Do I need to do any more? Thanks so much for everybodies support and advice. Cupcake

Is this still the letter for s78 request? This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. Can't find templates on this new site! Thanks Cupcake

Thanks GH Yes I know we are fishing but because this was an online July 07 agreement all they sent when they eventually did was a printout of what is on my account now (still not sure but think it must have changed at some point since July 07). I'm not clear on what is the executed agreement with an online account. Thanks so much for your suport I can't give you any more rep otherwise i would I will CCA Egg and see what they send. Cupcake

Thanks BD Wasn't sure if it was relevant or not! I have today received a copy of BC's allocation questionaire. The covering letter states "please forward your payment proposal to our office within the next 10 days, failing which we will pursue through the court for the full balance plus further costs" I thnk I now need to request that the court insist on them supplyng all docs or should I wait on courts resonse to my AQ? Thanks for your help in advance Cupcake

Thanks Car! Cupcake

I see your point but is it not covered by previous cases or something? Or does this mean the invalid DN discussion is pointless anyway? Cupcake

I will do as you suggested later when it is quiet around here but can I just ask in the mean time? Before Hillesden put a default on my credit file should they not have sent me a DN giving me time to remedy before default is applied? Cupcake

Ok, wil do. Thanks Cupcake

Thanks GH Can I just ask for the sake of other accounts I have. Surely if Hillesden issued default on 31/10/09 they must have owned debt by then? Therefore MBNA should have DN'd and terminated before this date not after? As I say not that I am about to stir up trouble with this account, more that I have the ammo up my sleeve with the others. Thank you Cupcake Ps I will do as you suggest and keep claim under £1k.

Been checking my credit file today and I'm not sure if this is important or not! I had DN dated 26/06/09 to pay by 24/07/09. I had termination letter dated 29/07/09. Egg filed a Default on my credit file on 31/07/09 after they had terminated. Should they not have done it before termination? Cupcake

Still trying to decide how much I should claim for (ie how many hours I think reasonable) but someting else has just come to light! I have just checked my credit file and have a Default filed by Hillesden Securties dated 31/10/09. Looking back through my file my DN from MBNA was dated 09/11/09 telling me I had to pay by 26/11/09. So it would appear Hillesden defaulted my credit file before MBNA had terminated!!!!! I have a letter dated 19/11/09 from MBNA telling me my account has been sold to Direct Legal DTI. Cupcake

Hi Just an update on this account. I have not had much going on with this one. The odd letetr from Moorcroft/Calders. One offering a discount of £5k!! on an £8k balance. Decided to check my credit file today to find the Default filed in Nov 09 was for 15p more than my outstanding balance. Is this a breach of some kind or is it too small to have an effect? Just trying to keep on top of the situation!

Thanks GH I need to do more research!! Can I claim for this time too?

PT also suggested "a fair sum" as per his last post and although I have indeed spent hours and hours reading and trying to understand it all almost every night I find it hard to believe I can claim for my slowness! Others may pick it up quicker than I do. Not helped by the fact I have to wait until the evening to get some quiet time to get into it! Cupcake

Thanks GH So from what I read last night and what I understood (!!) Assuming there is no difference between this case being fast track it apears £300 is about what I should expect. I just need to decide if I am going to ask for more and settle or just the £300. Did I get any of that right? Cupcake

So I MUST accept their discontinuance? Cupcake

That's good for me then!

Hi Guys Can anyone tell me. Is there a time limit as to when I have to put in my claim for charges? Cupcake