pt, Could you please mail me with the test case details. I currently have an ongoing case with Cabot and would very much appreciate the information. many Thanks, G

subbing

Para 2 states that the agreement has been 'upgraded'. Should there not be a modifying agreement that goes with this 'upgrade'?

I originally submitted an embarrassed defence. The judge was not having it. He wanted a particularised defence by 25/2. I sent one in denying everything in the POC. I now have a hearing date for June. I am just in the process of getting my act together. I have the original agreement. It is for a storecard and the agreement number is very clear. There claim is for a different agreement number for a card that they replaced the original with.

Can someone point me to the appropriate part of the CCA 1974 regarding an agreement for a specific card, (that has the account number on), and is then replaced with a completely different card and account number without a new or modifying agreement?

That address will be fine.

Here is a link to a general SAR that should do.

I also had a Together Mortgage. I had never signed an agreement for the unsecured bit. I stopped paying, they took me to court and applied the frighteners. Upshot was...they discontinued and wrote the balance off. See What are NR up to?

Thanks!

How and what do I use as a particularised defence?

That has confused me as well! My defence and request for docs in the draft directions in the AQ seem all ok to me. How do I submit a particularised defence when they wont release the appropriate docs?

POC: Monies due under a regulated credit agreement between the defendant and Santander cards assigned to the claimant on 26 Aug 2009 notice of which has been given to the defendant. Defendant failed to make payment iaw the terms of the agreement and served with a Default notice. Claimant also claims interest iaw clause 7 I do have a copy of an agreement.....but it is not the one quoted. It has a different ref number. It was also with GE not Santander cards. I stopped paying as I was owed around £800 in late payment charges. I have requested copies of the agreement DN and assignment from HC but received nothing! Please find my Defence and AQ response attached. CG Defence.doc CG AQ.doc

I am currently defending a claim from HC. I submitted an embarrased defence and completed the AQ along with a request for release of documents. I have now received the attached from the court and I am not clear about why this has happened or about what I should do????? ANY help would be appreciated! Order.doc

I have just checked the judgement. Is there supposed to be 28 days to pay?

I have decide that a set aside is the best way for me. What about the charges......do I sue the OC or CL as they now own the accounts?