Depending on the exact type of alloy, and the type of nut, a sacrificial socket can be hammered onto the locking nut and removed - worked for me when I lost the Wife's:rolleyes:

I have paid HF/RW £251 in total, and it now appears they have no claim to the debt - £100 for costs, plus the £251 sound fair?

I have just recieved an exact copy of this first letter, with the 'YCC 1' tippexed out, and there is also a section 8, with a blacked out sum of £610 000.00! Nowhere on this document does it mention either my account or name/address. With me it's British Credit Trust and Marlin

And...if there's no valid, legal assignment of debt, then surely any payments to RW&co and HF should be returned to me?

Hmmm. Fuel is rather expensive, and the bottle of lucozade, etc. I'll (try to) learn 'em!

Just an update HF failed to supply the court with assignment of debt by 4pm yesterday, so this (or near) will be the letter I'll send to the the court tomorrow. Any tips? The Defendant notes that neither Robinson, Way & Company Limited, or their representative, Horwich Farrelly Solicitors, have served any such documents and/or statements that were ordered by the Court as evidence, namely that the did not provide the Court with a copy of the assignment of debt by 4pm on 1st October 2007. The Defendant also requested a copy of this agreement under section 78(1) of the Consumer Credit Act 1974 on the 30th August 2007, and this information has not been provided. Non-compliance of this request is a criminal offence under the above act (see attachment 1 for a copy of the letter and proof of posting/delivery). Additionally, the credit agreement the Claimant provided in their letter to court dated 30 September 2007 is not a credit agreement at all, as it does not contain all the prescribed terms and as such is unenforceable under CCA74 s127. Attachment 2 is a copy of the application form provided by the Claimant, and can be seen to be a ‘Short Application Form’ with no mention of credit limit, repayment amounts or interest rate. The Defendant therefore respectfully requests that the claim be struck out due to the non-compliance of the order of the Court by the Claimant and that the Claimant is also liable for any costs incurred by the Defendant (£5 for writing materials and postage costs, £75 for 1 days pay for a day off work to attend a hearing where the Claimant failed to attend – Total £80). ‘S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1). Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2. What if prescribed terms are missing or incorrect? s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21. If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. What are the prescribed terms? The prescribed terms specified in Sch 6 are as follows: * credit limit – see Q8.5 * repayments – see Q8.9. * rate of interest – see Q8.6 Sch 6 was not amended by the 2004 Regulations.’ Yours Sincerely,

Pardon my dimness, and all that, but if the agreement is unenforceable, what happens to all the money paid to C1/RW&C/HF, especially if £776 is unlawful charges?

I did bring up the fact there were no solicitors at the office, but that didn't sway anything, unfortunately.

It does seem lacking somewhat! I shall try to pull something together about it, and post it up.

My agreement - any thoughts?

As promised - HF legal submission and C1 Application form:

Whilst awaiting the letter from the court confirmint the judgement, can I write to the court stating that the application form doesn't contain the prescribed terms and is therefore unenforecable?

I filled in 'Short Application Form 4185'. This was a mailer application which came in the post, with my address pre-filled in. There is no APR, Repayment Period, Credit Limit but it is signed. My signature box states 'This is a credit agreement regulated by the consumer Credit Act 1974

I will post a copy of the HF statement to court in place of them turning up, and also the short application form after scanning it into a jpeg tomorrow at work. Considering the short notice I left in getting help for myself on here I think I did rather well getting a stay. What does a DoA look like, BTW? I guess HF/RW&C will try to knock something up so I need to know what to expect from them. From what I remember, the outstanding balance is about £1200-is, and the unlawful charges (if the application form is valid) is £776, although interest on top is another £280 odd. HF did state they'd take £630, then £946 as a settlement, though. If the short application form is invalid, then I'll be glad to get rid. Barstools.

Not quite the result I wanted - HF didn't turn up, but they sent a letter to court stating their case, along with a copy of the application form I originally signed in 2000. The Judge (nice chap) has stayed the case, as HF/RW&C have not provided me with a DoA. The have until 01.10.07 to provide this, and I then have another 14 days to take C1 to court for the charges they owe. I will scan the application form tomorrow but for now, it is a fax (to the court), not very clear, and doesn't state APR - possibly an invalid CCA? Will post more later tonight. And cheers for the support everyone!

Hearing is at 1400. Smart stuff is in the car.

20 hours to go!

p.s. It seems that HF/RW, etc use 0870/0871 numbers for you to contact them - yet there is no mention on the letters of what the cost of calling these numbers is. Is this against OFCOM (or whatever they are now) rules?

I think I'll see how well I get on with getting the case stuck out before I try to fiscally fist them! The encouragement is very reassuring, though

Thanks for the support everyone! I have a pack put together - copies of letters to C1 (SAR and CCA) and the replies, HF (CCA), statements, breakdown of charges, the defence provided above, printout from law society re. number of solicitors at HF office and court papers. I have made 2 additional copies - one for court and one for HF, should they turn up. Cheers everyone!

I'll have to post that tomorrow evening, as all the paperwork is at work. Thanks again.

That pleases me no end...apart from my stupidity in leaving it this late:oops: p.s. Should I wear smart stuff, i.e. suit/shirt and tie etc?

DMD - you have PM

Defence - basically that C1 owned the account, most/all made up of unlawful charges, although a CCA is requested, and they sold the debt to HF. C1 made an offer of £272, which I assume implies some knowledge that the charges are unlawful, and therefore there should be no debt. Also, with HF not sending me or the court their evidence within the prescribed time limit the case should be thrown out as it's against the terms of allocation to track. If I turn up to defend, and they don't turn up, do I then win by default? I will be taking 3(?) copies of the documents I do have - letters to C1 requesting unlawful charges back, their offer, statements. Any tips on the defence gratefully received! Robin

Will this be of any use? Hearing is on Wednesdat 5th.