If the lenders cannot produce a signed agreement, many break the law and pass on the debt to a DCA who will harrass you by making relentless phonecalls, send threatOgrams ect. My advice to all is get a good solicitor who can advice you on how to proceed. Even if an agreement is produced still get a solicitor to give it the once over to make sure it's legal. MM

Thank you S, it's taken a load of weight of our shoulders but we could not have done it without CAG. Hope it gives others the strength to carry on. They can be beaten and all their threat-o-grams, phonecalls and intimidation tactics are now history! MM

Following some excellent work done by our Solicitor and taking their advice, HBOS have decided to discontinue with the County Court action. Just shows that with help from CAG and it's members, being pointed in the right direction and not backing down, we live to fight another day! We can't thank you all enough who responded to our pleas in giving us their time to answer our questions and the support, encouragement and courage to continue with the battle. MM

Congratulations and well Done Delfi MM

Here's an update so all who have kindly given advice will know what's going on. Court papers were filed then after some excellent advice from delfi101 we were put in touch with a solicitor, who has taken the case on for us, it is such a relief to know that this is now in the hands of someone who can deal with this, it has taken a load of worry off our shoulders. Will keep updating the thread as things progress. MM

Let's not forget that on occassion creditors and dca's are flagerently disregarding rules and regs set by legal precident and the oft guidelines and without CAG there would be no support of advice to guide people. If people ask questions then it is only polite to answer. MM

Hiya Boo Hope you're ok. I like your saying, very clever - I'll save it for future use & it made me laugh. I'll keep posting as things develope, I hope you have a good weekend, take care. MM

OH has kept everything they've sent, & everything written or said is true fact, the information received off members of this site has been tremdendous & uplifted our spirits no end, so if these lenders want to lie then I'm sure the law will catch them out eventually and bring them to their knees. As the saying goes - The bigger they are the harder they'll fall. MM MM

Hi D thank for this, It's made me giggle. When everything is weighed up all creditors get much more than anyone borrows in interest rates alone. Why doesn't the Government help ordinary folk who've been lured into debt by bad lending and cap interest rates for borrowers. Afterall if savers are getting as little as 0.10% on savings why should people be charged as much as 32.9% on credit card balances, it's outrageous and scandalous. Everyone in this country is already paying for the bad practices by banks and their bad management, and why should we? It's time the Govenment helped out the voters and taxpayers. MM

Thank you D for taking the time to post this information. All you caggers are worth your weight in gold, with regards to the support and help we've been given so far. I'll post again when the next instalment appears in the letterbox. MM

Thank you S for alerting me to this. I thought there could be an ulterior motive to them not replying to the CPR. So if he gets a SJ copy I will definetly be back on for more help. Thank you. Hope you're ok. MM

Recent update Embarrassed defence submitted to Court last week, they've confirmed receipt and passed on to HBOS. No reply from HBOS to CPR letter, awaiting further developements. MM

Hi Boo I totally agree with everything you say. All caggers and others are mostly in debt because of bad banking pratices and all of us are being made to pay the price, hence the hike in interest rates on credit cards etc. Why should the people of this country have to bale the banks out. they are the ones who should be apologising to us and tugging at their forelocks frequently. Many thanks for the links will take a look. Regards MM

Approached CAB who were not very helpful, we've had some advice off a solicitor, but they weren't versed on consumer credit matters, plus it's difficult for me to get out and about by myself. He's too ill to help me to help him so I'm not getting the help I need, so this is making my health problems worse (are you confused yet, cos I am ). Anyway I'll try and sort something out, I've just got to keep going for his sake. Regards MM

Thank you for this Shadow, it is very much appreciated. OH is now off sick from work due to the worry& stress of all this, his doctor is very concerned. It has really taken a toll on his health, I've never ever seen him in this state, no matter what life has thrown at us and believe me we've had more than most to deal with over the years. I'll get the defence ready on file, it can then be amended, if necessary, before it's due date. I can't see him being able to attend court with his health problems. Thank you once again, I'll keep posting as & when things happen regards MM

Thank you Shadow for replying to this, We will be most grateful for this. We've found so much comfort in joining this forum, and wouldn't have known what to do without all the brilliant advise so freely given. It really has helped us stay moderately sane MM

HI Boo, thank you for the link I will download it later. I did, however find on here a "help with court claim" I did a search and although I don't remember the name exactly is was PT2??? something or other that had aupplied it, that date was March 2008, may you could look? OH is really worring about it which is making his depression worse, he's not slept for nights and nights. I try to stay calm and tell him everything'll be alright, but it's all very scarey wondering what could happen, but they've not sent proper docs, dates don't match, & they sent someone else's agreement, so he hopes it will go his way. Life just became all too much at one point and hence all this. MM

Thanks S, I think they've got so many of these to deal with they are making BIG mistakes, so the more people that send off for copies of their agreements o all banks & loan companies, the better for everyone, How do you write a defence please? I & OH haven't a clue, & I'd like to get it done, as I hate doing things at the last minute, due to my health problems, it will start off my panic attacks. Is there copy one posted on here that we could look at to glean some info from please. Wording ect. All help with be grately appreciated. MM

Regarding the other persons info, this looks like it has been sent by mistake, the letter states :- Enclosed is a copy of the signed agreement. then on the credit agreement 1. Parties The parties to this agreement are Bank of Sotland Plc (then their address) and - (this is where the other persons name and address appear plus info on credit amount and credit interest The pages of this have been stapled together wherea the rest of the papers are seperate. Do you get my drift? MM

No worries S, you've been good with your help we don't take offence. OH can't ever remember receiving a default notice and he's kept everything that's arrived by post. (He never throws anything away). I've just looked through everything and there's no mention of a default anywhere, just says default sums and interest on a Bank of Scotland advice of missed payments (that's when the account was in dispute). So until we know what B of S have got as per the CPR 31.14 letter I guess he can't proceed any further. I'll keep updating this thread as and when we receive further info although obviously there is a time limit with regards to filing a defence? Am I correct with this, even though they may not send all the info requested or would we have to inform the court that they haven't complied with the CPR 31.14 letter? regards MM Hope all caggers have a good weekend!

I started the thread (MM) by looking and asking for advise on this matter but its MM'sOH whose debt this is, he has just had a biopsy for cancer and is currently receiving treatment for severe depression, therefore I (MM) ask for help on his behalf, cos he's lost the plot and can't cope,which goes without question really. There hasn't been a reply so far to the CPR 31.14 request, so the defence has to be back by 14th October, if my maths serves me correctly. How does OH start, what info do you need to include bearing in mind there are anomolies with the dates, no Consumer Credit Act mentioned, illegible documents , inconsistencies with details,& including missing portions of documents. Is there any Court "jargon" that needs to be quoted etc. As already stated any help will be greatly appreciated. MM (MM'sOH is poorly)

How do you put a defence together please? Could someone please help OH put together a County Court defence. He'is suffering from severe depression, (doctor's diagnosis) due to all this. Never having done anything like this OH doesn't have a clue where to start. All help will be most gratefully appreciated. MM

Had a response from the solicitor confirming the anomolies in the documentation & also the pitfalls about contesting the judgement ie about cases being stayed etc but I'm still going for it. Any help with putting the defence together will be grately appreciated. MM'sOH

Evening Boo Can't believe their latest gaff and to top it issuing a County Court Summons when account in dispute letter not acknowledged!!!! Trained monkeys' could do better. Must have been the after-school help that sent this lot out. OH sends a big thank you for your continuing support and we also wish you continuing good health. We will keep you posted with the next instalment of the comical antics of Bank of Scotland. Hope you have a good weekend MM & MM'sOH

Thank S Thought as much, that'll be thrown into the mixer for the Judge along with everything else handed over to our solicitor. Hope all Caggers have a good weekend MM & MM'sOH