Hiya All, Happy New Year. Here we go, second's away round 3. The Order said, (6) all parties must deliver to every other party and to the court office, copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. Hearing on 2nd Feb, so 14 days end to-nite 20-Jan.. No papers, or any correspondence from the other side... I asked in my AQs that after this time i may be granted a further 14 days for my defence, although he didnt say anything about this in his "order". As I have not been able to furnish any evidence etc.. Would I ring the court up tomorrow and explain, or not?

Wendella Just to-day had the same responce from Crapbot; "held my a/c", as a gesture of goodwill etc.... to-day received application form, following my CCA request. (my "Agreement") with what was presumably the word's Application form been covered while photocopying; You could see the shadow of the edge of the paper that had covered over it specific piece by my (application) signature said I have read terms in section 22. Funny thing is..... the "Terms that have come with it, are on A4 sheets and are NOT numbered. Tut, Tut, Tut, surely you can do better than that Cabrot. perhaps they have an "apprentice" learning their craft fight on 'eh. sir fussalot.

All the Best for to-morrow... make sure your "notes" are in order so you can "drop" straight on to the parts you need.. WE ARE ALL BEHIND YOU..... sir fussalot

S.B Hope this will help. I put in my A.Q. on the date, (Sunday by hand thro' letterbox), realised I hadn't put a Draft Order for Directions with it..... Phoned the court THURSDAY to ask if I was too late. very nice Lady said "No problem, send it in". so I FAXED it in Friday. All O.K. sir fuss

Well done Zazen... All this non compliance will be "armour " for you when you finally have it all in front of the judge and his patience runs out. and, another court appearance under your belt. sir fussalot.

Yep it sure does..... there again, they may be deflected by the waiting for the "Bank Case" result. Go Getem.... s.f.

Zazen, GOOD LUCK WE ARE ALL WITH YOU!. Remember, if the judge ignores, or dismisses something you think is vital.. RESPECTFULLY ask that he gives his reason why in the court record's. sir fussalot

I may be just keeping my head above the water here with strategies etc. But I was going to send Morgans. (I take it that I respond to Morgans, Cabrots solicitors, and NOT Cabrot direct. :?) Part of the letter H.B. quoted in post # 65 and ALL that I will rely on, e.g. Quotes from the C.C. Act regs AND case law precedents etc. Then I was going to see it from their point. That is to try and get around MY argument, in order to then be able to counter their attack. Blimey!, it all sound's sooo simple.....:-| s.f.

Hiya H.B. Its nice to have a sense of purpose in life innit'. just a point whilst I have 2 educated brains on the thread. Hello Cymruambyth...... Is a TERMINATION of an account the same as CLOSING an account. ( Sorry to appear dense But; we may be talking Legal Definitions here) s.f. WOW. first time I have spelled Cymruambyth correctly without writing it down first !!!

Here is what I asked for in a DRAFT ORDER in my A.Q's.. "On the 3rd of September 2009 I requested the disclosure of information pursuant to the civil procedure rules.This was delivered and signed for on the 4th September 2009 at the offices of Morgan solicitors. ( proof of delivery available). Copy attached ref; “B” I received no reply until the 6th October 2009.Where the letter stated that their office had received my request on 4th October 2009. (copy attached ref; “C”) The requested information is vital to file a full and complete defence against the case from the CLAIMANT. To date, the Claimant has ignored my request, and has only supplied an illegible copy of the application form, illegible copy of Terms & conditions and stated that a Default Notice is not required, along with a few statements As a litigant in person, I would respectfully ask the court to enforce this request for the information. Should the court also think fit, with regards to the time the claimant has already had regarding this request, that the claim be struck out if not presented in what the court considers to be a reasonable time. I would ask the court to allow me to enter a revised defence/counterclaim if the CLAIMANT successfully provides all the information requested. Now IF, They turn up with anything, can I take my AMENDED Defence and will it be allowed.. OR IF, Theyhave nothing new added or supplied, can I ask for a "Case dismissed" sir fussalot

Have had the Court Order to-day This is it....

Shadow, Just in time for the last post, it went first class. I have inserted it in the original thread post above No;16 too. Thank you for that . Nice touch s.f.

Shadz.... just about to post it........ I'm glad I waited, that piece should do the trick. I was never 100% happy with my original reply. for the cost of an evelope and first class stamp................... thanx s.f.

Here is the reply... I find your reply bordering on the incompetent, at worst, and belligerent at best. The fact that out of your “gesture of goodwill”, you have credited an account that was cancelled by me over THREE YEARS AGO, after paying in full all outstanding balances. An account that I have NO ACCESS to, is proof to me that you have NO INTENTION of trying to make a serious offer of settlement. Your offer regarding the interest of a nominal 8% is derogatory in the extreme, considering that the unfair charges of £25 attracted interest of more than 25%.Perhaps you can tell me exactly how much it cost's American Express to send a letter telling someone they are “over limit”. Are the letters computer generated or is there “physical intervention”. (please DON'T send your usual reply again). I want to know exactly how you arrive at this figure which is obviously contrary to Unfair Terms in Consumer Contracts Regulations 1999.I note your comments about the OFT recommendations, I should point out I have read the report mentioned and I will rely on the fact that the OFT state very clearly that only the court can decide on a fair charge and that your assertion that the amount of £12 is fair will have to be proven in court. As to your final paragraph that you will, “defend such proceedings and recover its costs of doing so from me”. I find this most intimidating, and reserve the right to point this out to the court. I am sure you are aware that the COURT makes decisions on costs, and NOT American Express. I will now give you a further 7 days to reconsider, and make a genuine offer. Considering the time you have already had regarding this matter, I do not feel this is unreasonable. Because I have replied to this letter, please do not think that I will not start litigation. The forms had already been prepared before I received your letter, If I do not hear a positive response from you within the next seven days or notification of when I can expect to receive a cheque I will issue a County Court Claim. This is my FINAL response and no more correspondence will be entered into. Yours Sincerely. lets see whats next. S.F.

Cymruambyth I hope so.. I will find it out, I'm sure I have found a letter starting another action before the given date was up... But; I have been looking thr'o that many, it could be another case!!!. s.f.

Alangee.... Thank you for that. Now I know that that is 1 point dealt with..(better here than in a court) I can concentrate on the "No Agreement" aspect Cheers Justoutofinterest..... they gave me the date of 24th. but acted before the date they had given me. is there any "mileage", in that ? s.f.

Hiya both..... I realise what you are saying, I have a lot of "swotting" and rehearsing and at the back of my mind will be.... its there, if you don't put it over correctly and fluently you will lose it.... This in mind, I have just phoned the court to ask if the otherside has put in their A.Q's. The nice lady at the court said she couldn't see any.. sooooo, what happens if they miss the deadline for returning their A.Q's.? I am assuming that they will have had to do this too.. Addendum..... just phoned the court again, and been told Small Claims for Feb 2010. order will be going out for me later to-day. She said that this means we have to tell the other side what the evidence is. and vice versa (I assume) s.f.

Hello Hungry.. Nice to hear from you BUT. nicer to read your answer.. The last acknowledgement was a £1 payment in 2006, can I assume the clock was TICKING from then..? fussy

Hiya B.B. I have read the last link. I think that I can see the point to their (Appeal Judges) thinking. IMHO they did "borrow" the brokers fee by not paying that up front then, Although it was "disjointed" in the agreement it was still to be included.. unfortunatley... s.f. P.S. have you got a C.C.J. in your case. ? i.e. is it still outstanding.

B.B. Have you seen the post on the Mitchel case ?# # If not Google it. fuss

Beau Brum..... Did they mention anything Specific about your D. N. at the court.? Fussy

Hungry... Just "Googled" the unlawful rescission. and had a squint at Beau Brummies. NOW I am confused If as appears, they have not given me enough time on the D.N. note; AND... the amounts were wrongly stated. due to "unlawful charges". They therefore closed the A/C by "Unlawful Rescission". Does that mean that..... the debt stays "still", but still exist's. although unenforcible.. Although, they have a "Good" claim only for the ARREARS, BUT.... As there is NO AGREEMENT....(only an APPLICATION FORM). there is NO DEBT..... .:confused: AARRRGGHHH........... Help. fussalot

Heres one on Unlawful Rescission.. by Vint1954 http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/220555-credit-card-sar-only.html

AND the Closed account letter..

This is the one that came with it.