Need some help here re credit card solicitors took me to court with claim in 2008 for just under £5k . I sent several letters asking for agreement copy and default notice copy etc never recieved so District Judge said claim stayed until they were provided . Now I have now recieved copy of application to "remove stay and apply for summary judgement " as in their words "defendent ie me has no real prospect of defending claim . They say in witness statement that in 1997 card issued (they never issue without signed agreement they say ) They enclose reconstituted credit agreement stating "due to length of time the original agreement is no longer available . The also say claimant does not have to produce original as its admissable by Sections 8(1) and 9(!) of Civil Evidence act 1995 They also state they changed my card account number 3 times cant give any reasons for doing Say they have no copy of any default notice and say " that the CCA Act 1974 does not require claimant to keep copy . They say notice on computer system is sufficient . They also have no copy of formal demand letter but note it on computer . They say based on evidence provided there was an agreement between the parties and there is no doubt an agreement did exist as its standard industry procedure to have such an agreement . They then ask for summary judgement Now I know reconstituted agreements can be used for s78 requests etc but I thought it wasnt suitable for "proof of debt " they will of course use Carey judgement and they say due to this ruling "no need to produce agreement a reconditioned one is enough and their own bank records " but as there is no copy of agreement proof that terms and conditions were correct no default notice no demand letter etc If this is acceptable to the court then anyone would without an agreement be able to sue just going on computer records and industry practice where is the safeguards for people if thats the case ? It has been suggested I write a letter under CPUTR, Waksman (paras 108 and 234) and CCA 1974 sec 127 (3), should I also be using CPR31.14 ? What can I do advice and comments please gentlemen and ladies Regards Gaz

Yep

a few days doesnt matter that would be great if you have

i just cant get the site to work get nothing an help out there ?http://www.archive.org/

sorry dont know which site you mean

ill search for that but dont know that site

cant find anything there

Anyone have t & c 1997 for lloyds credit card ? Regards Gaz

but how do i demand it do they have to obey or judge take note of my request etc ?

Hi all Advice please Solicitors had card claim stayed in 2008 as they couldnt produce copy agreement and default notice etc now they have issued application asking for stay to be removed and summary judgment on grounds " have no prospect of defending " They admit they dont have original agreement no default notice copy of demand etc but say due to Cary case not needed and regurgitated copy is suitable for judgment against me and they have computer print showing letters went out etc . They also list 3 account numbers saying account changed due to loss of cards etc ( i have no recollection of this ) Whilst I know certified copies of original are okay for s78 requests I didnt think this was okay for proof etc otherwise anyone can make things up ie how do I know t & c were correct interest rate etc ? Advice help etc welcome regards Gaz

on what basis do you think you have any recourse to get any money back claims against banks is virtually dead especially business ones

thats worth a try and true

no as i stupidly waiting for them to reply t my letters and request which they didnt

last points march 2006 so think im clear what is totting up point figure for ban ? I did send form back though but not within 28 days thats what im charged with

yes thats what im charged with now even though sent it back bu not within 28 days

Hi In Dec was sent nip asking for driver details for 35 in 30 wrote back asking for evidence my vehicle involved they sent photos back couldnt say who was driver so asked for blow up of photo to see if male or female . .they said it was responsibility of driver to know (which I realise but wasnt 100% sure who was driving ) asked agian fo rblow upp pic and calibration details etc re alleged offence they ignored . Sent back form saying I was driver though not 100% sure end february as correspondence still was going on the summoned me end of march re failing to provide particulars by 6th January 2011 . I think thats unfair as they were blanking me and photo evidence shows large pole in way of camera so any beam would have hit that and rebounded faster etc so as I also have radar thing i my car I or whoever was driving wasnt exceeding speed limit at all . Now faced with court case am told that could face £1000 fine plus 6 points instead of £60 plus 3 points .......I just feel bullied by them being law to themselves not answering my letters having form but still doing me for not sending in time thoughts advice help anywhere else that can help regards Gaz

if its not made you financially suffer by adding a name dont see what you can do ?

I think your first problem is dealing with the claim management company from the start when was case started ? What was amount of claim what did Nat West offer do you know what reasoning was behind Nat West making an offer ie have you got copies of what the claim managment company said to Nat West ? If you take to court you may be liable for Nat Wests costs if you lose so tread carefully . Charges have been ruled for personal accounst as charges for services and banks read this across for businesses so id like to know what claim was done how formulated etc let me know regards Gaz

you may feel it is wrong but thats the way it is unless it was served wrong , wrong amount , wrong period to put breach right , etc you have no chance even if you pay off it will be changed to satisfied but still will be a default and will be there for 6 years since it was started

interesting thought but dont know the answer though you can pay for council if u can afford it !!

strange are you able to message me as i would like advice on something so i can write you somewhere pt ???

pt2537 why doesnt your private message thing work ? Regards gary

theres something wrong with your home page tried to send you private message and it doesnt come up can you pm me and I will reply ? Regards Gaz

Help had summons a couple of years ago i said couldnt do defence as creditor bank hadnt sent copy of agreement or default notice or demand for repayment etc as hadnt satisfied s78 . Wont say which bank card etc as they do look here etc and may identify . Case was stayed by judge until they produced this info . Now several years later they now write and see due to Wakeman they now send a Reconstituted agreement that they have no default or formal demand copies but as its on bank records the dont need them . They ask for me to withdraw defence within 14 days or they will apply for summary judgment . Going by thread they can satisfy 78 by reconstructed agreement but not "enforcement " can they " ? Surely having nothing except made up one with no account number nothing apart from my typed address no default no formal demand notice means if they can supply nothing that i signed and as credit limit has been varied no agreement at all surely they cant try to enforce in the court ? If they can everyone would be stuffed Advice please regards G

ok understand name address has to be on copy or regurgitaed agreement but most is double dutch to me still not sure about on terms and conditions !!