I did apply online but this was 2005 After my application I received a letter off citi saying "Thank you for your application which has been accepted and you will receive your citi card at 23.6% interest" - and it goes on Now I may have ticked a box online but until they had agreed the application I had no way of knowing what the terms would be Then when I received the card it was stuck to the credit agreement which had no signature box on it to sign and return I still have these

Wright Hassall Solicitors are acting on behalf of cabot They wrote to me after i filled my witness statement stating that case law has evolved to include modern methods of signing including ticking the i accept box on an online application form We are currently awaiting a copy of your agreement from our client yet at this stage must inform you that your agreement remains to be enforceable, we intend to proceed to trial on the basis that you freely admit ownership of this debt in your witness statement.

POC The Claimant's claim is for debt(s) arising from consumer credit act 1974 agreements(s) The claimant is an assignee of the following debts, notice of the assignment having been given to the defendant in writing. Citifinancial credit card acc no xxxxxxxxxxxx Despite demands for payment the above sums remain due The claimant therefore claims the sum of #4551.16 interest under s.69 county court act 1984 and costs My initial defence was A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner. No Agreement has ever been signed. Then I filled a witness statement as below I believe the facts in this witness statement are true At the end of 2008 we were hit with a recession and being in the building trade I was hit hard and needed to get my finances in order. My credit card was near its maximum and I was struggling to make the monthly payments, I was advised to get a copy of my agreement and to see if I had any un-lawful charges or ppi insurance on my account as many of the credit card companies had been adding these. I said I had never signed an agreement and was told that if I had not signed an agreement then there is no agreement. I wrote to citi in November 2008 and asked for a copy of this alleged agreement. 17th January 2009 They replied they do not have to supply me with one and sent me a copy of the current terms not the terms set out originally, contrary to section 78 I then had the interest rate raised on the account from 23.9% to 29.9% which I was fuming at as I was struggling to pay as it was I wrote to citi to state the account was in dispute until I received the alleged agreement I had asked for I was harassed and bullied on the phone several times a day each time calling from different numbers so I could not ignore the calls I was shouted at and threatened and my reply was that I will continue to pay the account down when I receive a copy of the alleged agreement, many calls ended in them telling me that they would send one but it was never received. This harassment has continued with calls and letters but still I have not received a copy of the alleged agreement . When this account went into dispute the balance was £3216.46 and should have been frozen but it is now £4551.16 Consumer Credit Act 1974 Signing of agreement. (1) A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, I have not signed an agreement therefore I do not acknowledge that there is an agreement .

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Original creditor was citi Last payment was 14 / 11/ 2008 Card last used 12/12/2008 Defence At the end of 2008 we were hit with a recession and being in the building trade I was hit hard and needed to get my finances in order. My credit card was near its maximum and I was struggling to make the monthly payments, I was advised to get a copy of my agreement and to see if I had any un-lawful charges or ppi insurance on my account as many of the credit card companies had been adding these. I said I had never signed an agreement and was told that if I had not signed an agreement then there is no agreement. I wrote to citi in November 2008 and asked for a copy of this alleged agreement. 17th January 2009 They replied they do not have to supply me with one and sent me a copy of the current terms not the terms set out originally, contrary to section 78 I then had the interest rate raised on the account from 23.9% to 29.9% which I was fuming at as I was struggling to pay as it was I wrote to citi to state the account was in dispute until I received the alleged agreement I had asked for I was harassed and bullied on the phone several times a day each time calling from different numbers so I could not ignore the calls I was shouted at and threatened and my reply was that I will continue to pay the account down when I receive a copy of the alleged agreement , many calls ended in them telling me that they would send one but it was never received. This harassment has continued with calls and letters but still I have not received a copy of the alleged agreement . When this account went into dispute the balance was £3216.46 and should have been frozen but it is now £4551.16 In order for us to help you we require the following information:- Name of the Claimant ? Cabot financial Date of issue – 24th nov 2014 What is the claim for – What is the value of the claim? 4551.16 + costs = 4816.16 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? 2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure but i think so Why did you cease payments? account in dispute What was the date of your last payment? 14/11/2008 Was there a dispute with the original creditor that remains unresolved? yes

I have a credit card debt which i sec 78 in dec 2009, I had never signed an agreement with the company and they never supplied a valid agreement from the sec 78 (I have a my original agreement which came with the card in 2005 but had no signature box to sign) They sold the debt on to cabot and cabot issued court proceedings in dec 2014 which is 6 years from the last payment (5y 9m from default) I have disputed the claim as no agreement was signed and sent in my court defence they have since written to me and said I have now acknowledged the debt in my defence and have written again asking me to sign an agreement to ask the court for more time to gather evidence for the case I will not sign and return the form as i think they just want a copy of my signature to create something, What would be my best course of action now with this? If i go to court and the judge says it is unenforceable it would then sit on my credit file for another 6 years as i have acknowledged the account in my defence Could I argue that it was statute barred when they started proceedings (it was within days of the 6 years from last payment) Would I be better trying for the best full and final I can get from them?

if you acknowledged a debt after 6 years does the clock start up again ?

Andy Can you offer me any advise on this please, Can I reclaim my charges at this stage, if so how would I go about it?

Ok thanks, I don't really know how to defend it. If I get a ccj, do I have any time to pay it before it is registered to stop it?

oh dear Can i just admit part of the claim ?

I was going to respond to my court claim with either "admit part of the claim" or "counter claim" and write a defence that there is £xxx of unfair charges and interest which i wish to claim against the original sum Is this the best way to go?

They put it on when I opened the card, as soon as I realised I canceled it as I'm self employed and it does not cover self employed

It is for a credit card, now you have got me worried Could you take a look at the attached sheet and let me know if you think i have a claim - It would be much appreciated!

Haha no its halifax I was referring to when they all changed the amount they charged in about 2007 before that they charged £25 per item then it went to £12 per item , I was not sure if I can claim back charges after it dropped to £12 I have received court papers and trying to put together a counterclaim

UPDATE! Sorry its late, I lost track of the thread I followed the instructions and sent for a cca They sent me a cut and paste , I wrote back and told them this was not a true copy but i never heard anything back

Thanks I have found it now, it is in small print in the same category as cheques, I am putting a claim together for charges - should I charge the same rate as they have charged me? Also can i claim back over limit fees and late fees after they reduced the £25 charge to £12 or is £12 deemed acceptable ?

Can anyone tell me what interest rate credit card companies charge on late payment fee's etc. Is it the card rate or the cash rate? thanks in advance

Thanks for your reply The debt has come about because i let it creep up then the recession hit and work dropped off. I sent for my CCA hoping it might not be enforceable as all the talk in 2009 was that most old agreements were un-enforcable but it seems now that the judges are taking a dim view to that defence( please correct me if i'm wrong) Could anyone advise me on whether my charges and interest calculations would be correct and how I should now go about dealing with the court papers

Anyone?

Can anyone help with this please

I have received court papers from Bryan Carter solicitors care of lowell who purchase a credit card debt from halifax I have called them to discuss a full & final settlement but they will not budge other than dropping the court fees I have gone through all my statements and calculated all my late fees etc. using a spreadsheet from of this site and have nearly £3k to claim back. In 2009 I requested my cca from halifax and they sent me a reconstituted agreement which was basically 1/2 a dozen pages done in ms word but I assume this is enough to keep the judge happy Can you tell me if the charges I have calculated are correct and how should I move forward with this? Should I defend it in court due to incorrect amount to get it reduced or go back to Bryan Carter with this figure to try and agree a F&F? Please see attached forms

My account with MBNA was in dispute due to the doubts i have over the CCA , if i cant trust them to produce a cca without resorting to doctoring one how could i trust anything they put in statements? I have now CCA'ed capquest and im sure they will come up with nothing or another photocopy of mbna's attempts so the account will also be in dispute with them, should i use that on my defence?

I mean to me the CCA (see first post) looks like a cut and paste with it having different addresses so capquest cannot come up with and enforceable cca so how can they take it any further?

Thanks 42man, i must admit when i read it all it gets to the point where what im reading does not register due to the complication of it all so i have to re-read a few times What would happen now if i did not reply to the SD?

I received the SD on friday 21st jan and sent my CCA on saturday 22nd jan