Gaston You said "You could have done that after the claim form was issued but before judgment was entered, but not now".The point is that I was abroad when the claim was issued, i never given any chance to defebd my self.

Gaston That is the point to set a side ,so i get back to square 0,then i defend my case by denying i owe money to wescot. Any DC can go to my CRA and pick up debt registered against me and then issue a ccj,then they dont have to prove anything because they have a judgment against me.My point is what happen if one day M&S ask for their debt? i will just tel them oh by the way i paid somone else !!

My defence is 1) I do not owe money to wescot. 2) I had no contact or agreement with wescot. 3) The CCJ was not served proprely,i did not heard from DC for 4 years about the account and suddenly without any warning ( letter before action) you were issued a ccj. 4) The claimant who need to prove that i own them money as the stated in the claim that "M&S has sold and assigned all right, title and interest under this agreeemnt to wescot SPV Limeted." My credi file does not shows any debt to either wescot or M&S. I do not trust DC because they are not honest people they alaways lie and if you dont put a defence against them, they get away with it. I dont mind further cost because the already inflated the original debt by almost 30%. I will make a defence,if i loose then more knowledge gained and i will passed it to other consumer so they would not make the same mistakes.

In a particulars of claim its stated that " And the claimant claims interest puruant to section S69 of the county court act 1984 at the rate of 8% per annum from 09/05/2008 to 03/08/2012 totatlling £724.58 to date of judgment or sooner." I thought Statutory interest cannot be added to debt that is regulated by the Consumer Credit Act 1974. S69 interest is interest which is added to the principal sum under the County Courts Act 1984 S69 Why arent they entitled to it? Because its a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) section 2(3) states they are not entitled to it !! The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) The general rule 2. - (3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974. (b) grants (i) the landlord of a dwelling house, or (ii)the mortgagee under a mortgage of land which consists of or includes a dwelling house, a suspended order for possession. Can i add this to my defence??

My defence would be: 1) File CPR 31.14 Request. Then base the defence on the following points: 1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request. 2. It is Not admitted that the Defendant signed an agreement with XXXX . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the Consumer Credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception. 4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. 5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing. 6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all. 7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true.

1) I can prove that i was abroad by producing my airlines boarding cards. 2) My defence is where i need help, i did set a side an SD before i have been to court few times against the DC.

Hi Andyorch In my case is "I was away from the time between the issue of the summons and entry of the judgement?" I got another letter from wescot today saying " Unless this default is paid within the next 7 days,the claimant my commence enforcement action". My questions are 1) How long do they have before they commence enforcement action? 2) Do I have a valid reason to set a side the judgment default?

As i said I have not heard from them since 2008 and i was abroad from 30/07/2012 to 06/09/2012 and i do have a solid proof. the summon was in my sole name.

I had a Credit Card from M&S and the contract was terminated around 05/2006 and the account was transferred to DC (Legal&trade collection), one of there agent used to do the door collection of £25 a month from 07/2006 and then I stopped the door collection and the last payment was on 06/05/2008 and the closing balance was £2128 as shown on the collection card. I terminated the door collection because I felt that I was intimidated. After that I had phone calls and I ignored them as I had few DC on my back and then I heard nothing from them for 4 years. On 19 July 2012, I had a letter from Wescot SPV saying “we inform you that unless you made a full repayment of your outstanding balance or contacted us to agree an acceptable repayment plan we would take legal action”. I ignored the letter and thought I will deal with them when I come back from abroad. I left the country on 01/08/2012 as I visit my elder parents every year; I come back on the 06/09/2012.During my absence Wescot issued: 1) On 03/08/12 a county court including interest form 09/05/2008 to 03/2012. 2) On 06/08/12 an intimidating letter asking me to pay £2939 to avoid CCJ. 3) On 28/08/12 a judgment by default was issued against me, asking me to pay the claimant a total of £2939. What is irritating me is that I had no given a chance to challenge them because I was a way and those DCs know most people go away during the month of August. My Question is that can I challenge them and ask the court to set a side the CCJ on the basis that I was unable to defend the case because I was abroad?

The form does not look right and i will just write to the court to inform them that i am away that date, i will take my chances ant is lowells solicitor who asked the judge to delay the hearing from the original date to provide evidence from the bank . i am so anoyed, i thought if lowell missed the deadline of providing evidence to the court,then the judge will suspend the hearing. £70 is a lot of money.

I phone the court yesterday,asking them to change the hearing day, and i explained to them that the case is an insolvency case, the operator firstly said :"you need a N form." and i replied :" Is not a civil case" and then he put me on hold for few minute and said :"you need to fill a form 7.1.A and cost £70 ".I phone, twice and those courts operator are useless, I still dont know what to do and i am going away next week. Is anyone there had the some problem?

I received my SAR this morning for both credit card accounts.However, the transactions were dated from 06/2004 to 06/2012 and the card were issued: Barcalaycard was issued 05/1997 and was sold on 06/2006, i know i canceled PPI on 02/2004, card protection, live insurance. Barclaycard (Mastercard) was issued 06/2000 till 2007, In the statement they dont show when they took about £800 from my current a/c on 11/2010. So i am unable to claim charges on both account or to proove that the debt in Mastercard is less than £750.I send yesterday a letter before action requesting that "If you do not hold certain things / information then you have to confirm this in writing too ".

Thank you 42man and is there any special template.

MIKE770, I thought you need to to fill in a special form N224 or some thing. So what happen when you send the letter? did you get any acknowledgement?

I can not attend because during this date i will be abroad and if change the date can i add the the cost to the claim ? or Can Lowell submit new evidences.At the moment the case is in my favour because they defaulted to submit the documents asked by the court.

Today,I received a letter from the court relating (see #33): You letter dated xxxxxxxx was reffered to the District Judge who has directed that requests will be considered at the hearing on xxx August. My problem is that i am not available during the date of the hearing and i dont know what to do. Do i delay the case ? which will cost about £80. Please any help and thankyou

I received my SAR this morning, however i am very disapointed of what they send. Barclays are using their dirty tricks again when dealing with customer complaint. They send the following documents. Credit Agreement.( PPI not tick) Dozens of corresponding letters. Data protection act reporting, which contains a history of communications, credit limit increase, missing payments, last payment, Default notice, date PPI was cancelled, date the a/c was sold a load of usless information. They never send a statment which shows transaction charges PPI and life insurance. I requested SAR for 2 Accounts and they send incomplete information only for one A/C. I am preparing a letter before action (ConsumerWiki - Data Protection Act: Non-Compliance,template 2). Thank you 42man for all your assistance

I requested a SAR from Barclay Bank on 21/05/12 relating credit cards, however i have not received any reply from them, is there a template letter to follow? or do i need to call them.

Thank you for the advise 42man and i will be very happy to make a donation when the cost is setteled.

In the court letter regarding the SD: 1) The creditor shall by 4 pm on the 12/06/12 file with court and send to Mr xxxxx a statment exhibiting all documents upon which they intend to rely in support of the debt. 2)The applicant (me) Mr xxxxxx shall by 4 pm 10/07/12 file with the court and send to the creditor a statment in reply. 3) The court day is 14/08/2012.I was told by the district judge that if Lowell miss the deade line then write to me to inform the court that they defaulted. My question is there any special template letter? or what happen next

I received a court letter regarding the SD 1) The creditor shall by 4 pm on the 12/06/12 file with court and send to Mr xxxxx a statment exhibiting all documents upon which they intend to rely in support of the debt. My question is if they provide all the document i asked for can i add in my application that the account is in dispute regarding the credit card charges.

I dont want to make payment because I do not acknowledge any debt to Lowell company or its clients until i get the SAR.

Thank you, i will try and mention 2 different account numbesr in the reference section of Sar letter.

Hi 42man, the original creditor is Barclays and i had multiple accounts ( Barclaycard and Master card), do i need to pay £10 for each account or one single payment for boths account for SAR, because i am also claiming PPI and excesive charges and thank you for the assistance to all the GAG.

Lowell solicitor tried to negotiate with me and told me that statement is basic one and the SD was not a threat. I told their solicitor” if they you can provide a proof that I owe money to lowell then I may negotiate,” and also said let the judge to decide the outcomes. Lowell solicitor asked the judge for more time to provide the proof as they are waiting for the bank to send them the necessary paper. The district judge gives him till 12 June 2012 to comply and provide evidence. I had a feeling the judge (Nice Lady) was more lenient toward me and she asked me if I understood what is happening, I replied “Yes.” Finally, she said to me if they don’t comply within the set date, then write to me for non compliance.