Thanks Andy. Most obliged

Thanks Havinastella and shamrocker. Your comments most appreciated. The judgement was for about 5k. I was also surprised when the judge accepted the claimant's witness statement even though the person who signed it is different from the person who deposed to it. Starts with "I Jim Smith" and is signed by Deirdre Jones.

Thanks. The hearing was on 18/9. I asked for leave to appeal. Refused by District Judge.

Thanks. May 02

Hi, I will be pleased for comments on a matter that has gone against me at the County Court as I am thinking of appealing the judgement. The claimant's witness statement was signed by a person different from the person whose name is on the statement. The claimant was not in court but the District Judge accepted this. The claimant did not exhibit the default notice, The judge did not consider this relevant. The copy of the agreement exhibited was illegible. The judge found that it was reasonable to assume that the terms required under the CCA were contained notwithstanding its illegibility. Comments most welcome. Thanks

Many thanks to Gaston Grimsdyke, postggj, pt2537, peterbard and caro. I greatly appreciate your input and comments. Bless.

Hi everyone and thanks very much for the contributions. I'm afraid that I am a little slow in following all the arguments so kindly bear with me. In answer to perterbard's question, the creditor is LloydsTSB. If I get the general gist of contributions it is as follows, otherwise please correct me: 1. Faulty DN is better than no notice. 2. Creditor can use witness evidence and reference to inhouse computer systems to lay strong claim that the DN was sent out. 3. If creditor does this then it is assumed that the DN meets legal requirements and the suggestion that it may or may not be compliant will not be entertained. 4. If all the above are correct, then there is no credible defence that can be put forward. If 4 above is a step too far, then are there any credible defences as I have no recollection receiving the DN or any copy of it and I have been extremely scrupulous in keeping all documentation. Is it not possible to query the validity of the creditors assertions about the DN including any assertions that it satisfies legal requirements as a copy of the original cannot be produced. Outside of court, the creditor's representative told me that she was advised by LloydsTSB that the notice was issued on 18.11.09 and the demand to pay was to be by 8.12.09 but that they did not have a copy of the original sent to me. I will be obliged for your experience on suggestions on how to proceed as I am required to file a defence this week. Thanks all.

Dear Caggers, I am a defendant in a matter in court and the initial order of court was for the lenders to serve both the Credit Agreement and the Default Notice. The Credit Agreement was duly served and the lender then applied for the Order to serve the Default Notice be set aside admitting in the application that: a) The Default Notice is no longer in their control as they did not keep the original b) That they have no proof of postage (Although they assert that the notice was sent out through the computerised system) and c) That they intend to address this issue through witness evidence The court allowed their application stating that it is up to the Judge hearing the matter to decide on the issue at hearing and I am to submit my defence within a set time. Can anyone advice me as to what sort of defence or approach would be appropriate in the circumstances? Thanks.

Thanks diamondgirl. Amex did inform in their default notice that the matter may be passed on to a DCA. I made the mistake of speaking to the DCA and in view of the conversation with the extremely aggressive person I spoke to, I can see why your advice not to speak to them is right. The conversation went nowhere, consisted of the person making threats, telling me to stay quiet and listen to him as he spoke over me, in short a total waste of my time. Plus it caused me an unbelievable amount of stress. When I told him that I had done an SAR request, he told me that notwithstanding what I had read on the internet, they would not be responding to my request and that my offer was unacceptable. Really a nice piece of work, hope he never finds himself in my position.

Forgot to mention that I was served with a default notice earlier this month. I assume that NOA means Notice of Assignment? If so no, although the default notice does state that the matter may be referred to a DCA

Thanks everybody for your comments. I am most obliged. I edited out my details including my signature on the second page. The DCA is Newmans. In the event that court proceedings are unavoidable, how long does it usually take to get that far? Once again, thanks

Hi, Advice from anyone who knows will be most welcome as this matter is causing me intolerable stress. I took out the Amex card in 2006 but following unemployment, I have had difficulties keeping up with payments. I wrote to Amex with an offer for reduced payments which I have kept to as well as letting them know that I will pay off arrears and principal as soon as I get on my feet again, which realistically, should be in a matter of months. Amex has now terminated the agreement and passed the matter on to a very hostile DCA who are now threatening court action. Is my agreement (attached), which I signed enforceable? If so, how best can I deal with this matter to avoid going to court as this will affect my chances of earning future income? I am going out of my mind with worry and advice of members will be most appreciated. Thank you all.

Thanks Exclus, you are a star. Very useful indeed.

Anyone with any draft challenging cca on illegibility of document sent?

Sorry but I am getting worried and desperate here. Any ideas/ templates on letter to write?