Well the question to ask is what is the "Default" based on? There must be an agreement to show how you have defaulted. And under the CCA, a default notice must be sent before a default is registered with a CRA, giving you the opportunity to address it before it is registered ... but there can be no default notice without a CCA. It looks like court is the only avenue, but as further ammunition I would like them to explain on what terms the default exists. They can not just say conduct of account, as that implies there is a specified agreement. One of the legal bods may be able to help with the wording. Best Wishes MoonHawk

Sorry. My mistake... the bit now in Blue was my addition .. I didn't colour it red. Best Wishes MoonHawk

Well I guess it's off to court we will go when I get some time to prepare. Just received their reply.... my comments in red. Best Wishes MoonHawk

Exactly the PoC on my case with Next, word for word. I have filed the defense that is on there, put together by Tomterm8. have a read and see. But if you have not done so already, acknowledge the claim as soon as. That gives you an extra 14 days. Best Wishes MoonHawk

No answer to my last letter yet. Kind of disappointed as I want to see their response to my use of highlighter pen Got to give them an extra week because if the postal strike I guess... aren't I nice And now getting calls from them logged on my call logger a couple of times a day. Not had time to make Seahorse's day yet by answering one Best Wishes moonHawk

There have been several communications between MLS and myself regarding the information and the claim. Defense has also been formally acknowledged by the court. I will not yet publish anything until the case is completed. However, in response to my letter from post#25 today I got this from Next: Can they pass a CPR request to an external debt recovery company when they themselves have brought the action? Their name is on the claim as the claimant. Best Wishes MoonHawk

AK still have not responded to my letter, I am giving the benefit of the doubt regarding the postal strike. I had given them 14days which is up on teh 19th from when they received the letter. They have added the accounts to the Credit file, which were not there before, so maybe they are calling my bluff and it may be that I have to go via the courts. I'll give them another week or two as i am busy this week anyway and then see if they respond or not. Best Wishes MoonHawk

Call offcom on 020 7981 3040 and register a complaint on that number. They log it and if they get several compaints on the number they then follow it up. They have recently imposed heavy fines on 4 companies using predictive diallers which received a large number of complaints. Best Wishes MoonHawk

Hi there Hopeful. I am well thank you and I hope you are too I would not put it past them. You can always write to them to see where they got their information from. If they do not respond send an S.A.R - (Subject Access Request). Best Wishes MoonHawk

I do not think a DCA can use an external call centre as your financial data will passed and viewed by staff not under their employment. It might be someone has got hold of your number and call calling to try and to sell you something. That call centre has been known to sell the "we can write off up 75% of your debts because of recent legislation etc" service. You can all them and ask them to remove your number from all their databases. Although I would want to know how they got it in the first place. Best Wishes MoonHawk

If you also read that slowly, it does not make sense unless the original terms are included. Otherwise you will not know if the original terms allowed any of the terms to be varied. So there is no proof that the new terms are permitted at all, without reference to the original terms. Best Wishes MoonHawk

No. When you receive a default notice, it must include a remedy which if you take you will not default and a time you should do this by. After that then they can default you and put a default on your file. As Lula and sallysas have already pointed out if the stay was given in relation to the current OFT case, then it does not apply. A stay on the basis of the OFT case only applies to bank accounts only. So you can pply for the stay to be removed in that instance. If the account was put into dispute before the default notice then they are pushing the limits of what is OK. I had the same scenario with lloyds TSB and basically, if they have given you what they deem to be their final answer, then they are allowed to pursue the debt, as they no longer consider the debt in dispute. And infortunately strange as it may seem , it being in court or you saying it is still in dispute makes no difference and it is near impossible to get TS or OFT to act on it, at least it was for me. They say that since they have investigated the dispute and given you an answer it is over. I am not saying this because it is what I believe is correct, but want to make you aware that you may need to prepare yourself for a lot of letters going back and forth before it is resolved. Best Wishes MoonHawk

Following the letter I had sent (the rather more restrained one by Tom in post #31 as opposed to the one I had written) I got a phone call during which, amongst things I can not discuss, I was told that I will get the information on Wednesday. The very Wednesday that is the day the defense has to be in, which I am sure they are aware of. Defence entered by Fax today (Huge thanks to Tom), with a request for permission to amend if more information comes my way. I have also by sent by post (maybe it will get there before Christmas ) and it is already showing up on MCOL as entered. Best Wishes MoonHawk

Did AK Ask for you to go to FoS for arbitration? If so did you make that clear to FoS that AK recognise their authority in this? Not sure of legalities here but if both side recognise the arbitrator then what is the problem? Best Wishes MoonHawk

At least you can eat a chocolate tea pot! FLA are an association, how can they be expected to investigate their own members who finance them? Nonsense. Not sure what to say. Best Wishes MoonHawk

Thanks very much Tom. A few questions/points: 1) The account number was put on the claim but referred to as "Invoice/Ref". That to me is acceptable and I will take out the bit about no account number. 2) Should I send any copies of the request letters I have made at this point? I would think not, but just checking that it is not needed to show when I made the requests. 3) The case is via MCOL and the above defense, although within the number of characters allowed, is on more lines then it allows. Can I take a form to the local court or is it better to get it to Northampton (which is about 30-45 mins away from me) Best Wishes MoonHawk

Peter I would take your e-mail off there or break it up. Posts can be picked up by SPAM robots. Best Wishes MoonHawk

I have sent several to PO boxes and have a signature off the RM site as proof of delivery. Best Wishes MoonHawk

Not an argument you can use in court Ian, no matter how much you dislike them. The judge does not have to agree with the OFT or the DTI. It is the judge you will have to convince. Mincemeat did not say you can not, he said that you will have to have your wits about you and be prepared and obviously you will have to fight hard against their 'trained' lawyers. Best Wishes MoonHawk

I'll have to agree with Mincemeat on this one. Best Wishes MoonHawk

Thanks for your contribution Mincemeat, it is always important to have all sides of the argument. In line with that I have a few comments and questions. Agreed. I do not subscibe to the argument that an actual copy will definitely be demanded by the court. But there are a couple of points in line with that: 1) it must be legible. The argument in court would surely be what did you actually sign if you did sign something. 2) it must also be an enforceable under CCA or the terms on it allow the judge to enforce the agreement. The statement "So the copy has to have been derived directly from the original agreement signed by you and the creditor" may be badly worded (I am going to assume what Peter meant here ), and I agree that it can be misleading. What has happened recently is that agreements have been typed up according to the data held on the computer, e.g. date of account opening etc, where nothing of the sort was provided with under an S.A.R - (Subject Access Request). This would suggest that the agreement was concocted without any reference to teh actual agreement (whether the original or a microfiche). There needs to be some sort of evidence of what was on the original agreement, before a copy can be given to the debtor. It can not be created out of thin air. Agreed on all points there, with the addition of my point earlier. Not sure what you mean by that. If it is clear on the copy sent and we are certain they have a original (or a microfiche etc of it) then I do not see an argument there. I do not find that very helpful by itself. What are we to search for? And we argue about this all the time Ian .. it depends on the judge. Best Wishes MoonHawk

Also from SI 1983/1557 - "The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983" Legibility of notices and copy documents and wording of prescribed Forms They use this to say they do not have to include the signature so they can not deny the rest Best Wishes MoonHawk

LMAO @ huffy. May be so Seahorse, but asking them that information and giving them notice, allows you to report them to the ICO. Without that step ICO will not look at the complaint. If you say there was no dafault notice and you have no agreement to know how you defaulted, the onus is now on them to prove otherwise to the ICO. Best Wishes Moonhawk

I suggest as well as sending request under s77/78 that we also send a separate SAR in which we specifcially point out that we need the copy of the agreement. Best Wishes MoonHawk

From CRA Guidelines by Information Commissioners Office Tell them that saying they are owners of the account is not sufficient. Data Protection Act requires that the data be accurate, and according to the Information Commissioners Office'S guidelines (quote the above) they need to show you 1) the clause in an agreement signed by you which you have defaulted. 2) Proof that a default notice was sent. Copy of it is not sufficient, you require proof of postage. Give them a deadline and give them notice under the DPA to amend the data unless they meet the deadline in providing the info. Then go to the ICO. Best Wishes MoonHawk