Hi sasha, can you post the agreement to this thread, someone will check it for you make sure its ok

I think that bits if you want to attempt a settlement, but dont think that what you want at this stage. Surely as its probably too late to enter a N244, wouldnt it be better to do the AQ with the requesting directons so that the court can order the claimant to disclose

They are still trying it on, ignore it. If they did issue a court summons, you would be able to defend it as the CCA is not compliant. Dont worry

The link GH posted was interesting. I understand from the link that if the mortgage company did get money from the Indemnity guarantee then they would have to offset it against the debt, but the insurance company could claim it from you which doesnt appear to have happened up till now. Make sure you head any letters in a bold font 'I do not acknowledge any debt' or something like that. Spamhead and Citizen B are both really helpful, Citizen B has helped me hugely and I have nothing but praise for her advice If you havent already, make sure you read the link posted by GH.

Ok will get it sorted and perhaps send it to the court and see what they say, can pop it through the door over the weekend

I just rang the court re the wasted costs and they just said put in a list of my costs to go before the judge, do I need to fill in the N252 and is the a fee to pay. Thanks for any help, feel ok on the actual costs, just not sure about the filing. Was wondering if I should approach Marlins first or just go for the court part

I would say that the majority of that letter is just threats. Dont worry about it. I always read on here, that the onus is on the creditor to prove the debt. I hope someone will come along with a suggested letter to send them in return

Was thinking about that, but read somewhere that if they attempt to bring a new case on one thats been discontinued, after a defence has been submitted...they cant. But if they decide to, I would then have another fight, but would get them on the points of not acceptable to bring another claim Also read that a DCA cant issue a default, then they would have to admit that the Assignment is dodgy, surely. I think it was just another threat to try and get me to sign the consent order, after all, they have threatened all the way through with one thing or another

Sorry, CB I did, but been really busy over the weekend, so no chance to read. Will do on my day off on Thursday.

Many years ago my ex husband was involved in an accident and wasnt insured. The MIB was involved and they paid out £17,500 to an injured third party. I am not totally sure what happened, but he wrote back stating he couldnt pay and had no assets and I think in the end they wrote it off.

Are there any links available regarding sorting out wasted costs, that I can read through in order to make a start on how to do it

They DISCONTINUED....Yayyyyyy Huge thanks to all who helped me especially CB for help with my Witness Statement and Magda for her input too. Going to take this weekend off from thinking about it as on a work course tomorrow and will be back for advice on claiming for expenses and also a possible strike out....so afraid you havent seen the end of me yet.

I was thinking about you yesterday Spam as keeping my fingers crossed Marlins are going to discontinue and was going to look at your thread for further advice. They keep trying to get me to sign a consent order and sending threatograms and phoning to find out if I am going to accept their current offer.....why dont they realise they have lost and just accept it

Deleted my post after reading PT's thread

No, humbleman, they havent complied with the court order or done their witness statement, I have done mine. The court have asked them to let them know this week whats happening or they Court will issue an unless order. I then got another offer letter and MC said that they would close this case, issue another DN and then start a fresh one

MC just rang to speak to me, but I said I was too busy. Bet its to find out if I am accepting their newest offer.

Have you rung the court to see if there is any movement on the case, they can often suggest what to do as well. I must admit my Court have been pretty helpful

I dont have time to read back, but am assuming you havent received the documentation, ie CCA, notice of assigment, default notice. If you havent, then until you recieve those you arent in a postion to mediate and come to a payment arrangement. Thats what I think anyway

Whoops posted at the same time as you were posting Surface agents thoughts. Ok happy that they are trying to goad me into signing and to carry on. Just wait for the court to actually issue an unless order and lets get this over with. Fingers crossed Thanks a lot for your input

Yes I did CB, but never received a termination notice, but am now assuming if its been sold on, then its been terminated. So they are just trying to scare me into signing their Consent Order....I did think that, but just need confirmation. Thanks

Hunter, make sure there is no clause in the consent order that states they can change the payment amount. I have done one consent order and insisted they took out the clause saying they could review in 6 months, then the payment could be horrific and they would be able to take it back to court

Got a letter today from MC with another Consent Order. They also say as they have a valid and enforceable agreement and if they are unable to comply with the DNm then the will sever another default and then proceed to enforce the balance within fresh court proceedings. CAn they do that

The Court have said that it as it appears that Marlin hasnt complied with the order (Ie made a witness statement and provided the docs, and their pre trial questionnaire) they are considering making an order requiring the claimant to comply or will strike out. It needs to be put in writing by the 29th January. I think I should just wait and see want MC come up with now, I dont think I need to comment on this, all parties are invited to comment, but think the letters I put in last weekend explains how I feel about it, so think I should just sit tight and see what turns up. Please could someone confirm that I am right in thinking that

I have been and posted on the phoenix one

My judge is pretty good and did issue an unless order when I last sent a letter. My case manager has said each time, try a letter rather than a N244. I rang yesterday and its before the Judge. I think thats on the basis if the letter I sent when we had the snow, but at the weekend, I put copies of everything that had been posted, along with a letter stating I hadnt requested a stay, so how could Marlin have consented to one and also put my pre trial questionaire in. So waiting for a response after the Judge had read it all