I'd normally keep quiet but I'm going to have to stick up for Consumeredge here, I did indeed win my case on Friday and without Consumeredge's help it would not have been possible. see http://www.consumeractiongroup.co.uk/forum/showthread.php?263479 Thanks CE I'm with you all the way!! thanks Dave

Trial was today, Can the site team change the title to title to Davetherave (won) please!!! Many thanks to CE you know who you are, your info / input was invaluable!!!Good luck with K4, hope it turns out OK for her!!! Oh and special thanks to Cohen's for sending the most useless agent I have ever had the pleasure of sharing the court with!!!! Shall be joining CE in his quest to rid the world of the Evil Cohen ****!!! DtR

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Am being taken to court by Cohen's, have argued that point already, judge told them that without avalid NOA from MBNA they had no chance. Have MBNA ever sent you a notice of assignment?

MBNA sold my account before the default notice had expired.

Any news from the court yet Beau?? My hearing is in 3 weeks, going to attend though!!

I have had a couple of instances where I have not attending hearings and it has come back to bite me!! Have you had experience of this, I take it you must be pretty confident with your defence!!

How did the hearing go yesterday BeauBrummie?, I have a similar hearing next month. Same as you also, as soon I challenged them they have gone for SJ too!!

My Claim has been stayed over a year now, was yours similar to this TTD.

My Initial Defence was as follows: 1. I, xxxxxx am the Defendant in these proceedings and make the following statements in defence of the claim. 2. I am embarrassed in pleading to the particulars of claim as it stands at present, inter alia; 3. The Particulars of Claim are vague and insufficient and do not state an adequate statement of facts to the preceding attempts to obtain a payment or the alleged cause of action. 4. It is admitted that I have a credit account in the form of a credit card managed by Sainsbury’s Bank. However, it is not admitted that the terms of any agreement were reduced to writing and the Claimant is put to strict proof of this being the case. If the Claimant does not it is argued they have no standing in these proceedings. 5. I put the Claimant to strict proof of how the balance was accrued so that I may assess the balance for unfair penalty charges. 6. The Claimant alleges I have failed to make payments in accordance with the terms of the agreement in question and that a Default Notice has been served on me pursuant to s.87 (1) of the Consumer Credit Act 1974. 7. I deny having received any Default Notice prior to the issue of proceedings by the original creditor and the Claimant is put to strict proof of this service and that no action was taken in respect of any breach, which is not admitted, occurring. 8. It is not admitted that any Default Notice in the prescribed format was ever received and I put the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. 9. I note that to be valid, a Default Notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). 10. Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement. 11. Any action taken under s.87 without a Default Notice being served upon a debtor is an unlawful repudiation of contract and not only prevents the court from enforcing any alleged debt, but also offers an option to counter claim for damages as per Kpohraror v Woolwich Building Society [1996] 4 All ER 119. 12. It is denied that the Claimant has the right to claim interest as per s.69 of the County Courts Act 1984 and I put the Claimant to strict proof of the clause in the agreement upon which they are claiming contractual interest. 13. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4; (2) The court may strike out a statement of case if it appears to the court - (a) That the statement of case discloses no reasonable grounds for bringing or defending a claim (b) That the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or © That there has been a failure to comply with a rule, practice direction or court order. 14. I therefore put the Claimant to strict proof that the pre-action protocols were adhered to prior to the issue of this claim. It is noted that any failure to do so could be considered unwarranted and vexatious and this type of conduct is unreasonable and amounts to harassment under s.40 of the Administration of Justice Act 1970. 15. I respectfully request the court to strike out the Claimant’s case under CPR 3.4 (a) as there are no reasonable grounds for bringing this matter to court and that my reasonable costs as a Litigant in Person be assessed on the basis the court sees fit. 16. I also respectfully request permission to amend my defence if the Claimant proposes any revision or addition to their statement of case as it stands.

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Skyblue2, remember what the question is you asked, when your up to your neck in litigation as suggested by dx having already offered F&F settlement of £1800, initially offered payments of £607 per month and have made payment under those terms, they will hang you! The question you asked was how to positively identify the party responsible for placing the red default against the CL Finance account?

Timeline Below March 2009 – Letter from Restons demanding Full Balance plus collection charge in ten days. Received Claim form from Northampton(copy attached prev) CCA’d OC and couldn’t provide docs. Acknowledged service and submitted Embarrassed Defence! April 2009 - Restons send Docs(inc CCa and original statements) May 2009 – Notice of Transfer of Proceedings to Local Court Received notice of “Application for Summary Judgment(to be held in August) June 2009 - Filed Allocation Questionnaire August 2009 - Restons send Witness Statement Hearing takes place( I didn’t attend) Receive CCJ(copy attached) demanding full balance Cannot pay so file form N245(offered £10 per month) Sept 2009 - Receive Interim Charging Order(hearing for Oct) Oct 2009 - Receive Final Charging Order Nov 2009 - Wrote to Restons Offering increased payments, Reston Accepts I have been making regular monthly payments since, hope this help , thanks Dave

I did that, hey didn't accept the payments I offered, they went for the Charging order, thats when I wrote to Restons and offered them a higher amount per month. Guess I should write to them to see if interest is being added or not. Some have said on here that interest should not be added to debts regulated by the cca. thanks for the input Dave

Neither, only submitted an initial defence and then did nothing!!! Wasn't sure of the system then so accepted everything that was thrown at me. It's not the judgment as such., I owe the money, it's making sure there is no interest on the judgment, otherwise I'm never going to play the sodding order off!!!

I did defend the claim initially, but as mentioned they went for a Summary Judgement and won. I now want to know if I can now go back and appy for the judgement to be thrown out, even after making payments to them?

Have found it, twas attached to the order I made to pay in installments. Needless to say they went for the charging order. Restons Judgement.pdf

That is the only one I cannot locate!!! I'll ring the court and ask them to send a copy of the original order.

Yes, it's a credit card with John Lewis services. I'm not sure if i'm actually being charged interest, should I write to Reston's and ask for a Statement. It just worried me, the words interest on the Final Charging Order!!!

Don't mean to Hijack but can any of you knowledgable people give me some advice on my predicament!!! http://www.consumeractiongroup.co.uk/forum/legal-issues/270399-restons-charging-order.html thanks

Original Claim and Charging Order attached!! Restons Charging Order.pdf

Hope you can help me on this one. A Claim was issued against me by Restons for a credit card debt. I had come accross this site before but a little affraid to post anything thing up. Anyway I had alook at all the docs presented and everything looked enforcable and iwhile that was happening Restons were awarded summary judgment. The amount they claimed included a huge collection charge plus interest. To cut a long story short I have a charging order on my property and am paying Restons £100 per month. My questions are: 1.Can I now fight the Summary Judgment even though I have made payments? 2.Can Restons charge interest on the awarded amount? I will post up the original claim and the order by the court. I would obviuosly appreciate any help, I would think tehre are a few more people in this situation who could use it as well. HELP thanks Dave

Hi Diddydicky, Page 2 of the above attached PDF is the same NOA Citicards sent me. I've had nothing from Capquest to say they own the debt either. Looks like were in the same boat mate. thanks

thanks Middenmess!!!