Mr SS - hope you had some luck with your phone calls. I think its disgusting they way Mrs SS is being treated, how can the poor woman attend court when her baby is due any day or she may have literally just delivered. Your Court people just dont have any compassion, surely they can easily postpone the case for a month or so, to allow her to get back on her feet.

I have got the CCA, just no default, problem with the assignment and now no witness statement

Is it agreed that the directions I posted would be ok for the pre trial checklist, or should I be putting something else

Hubby is going to Fax the letter I sent last week tomorrow for me. I am also going to fax a letter stating that I understand that Marlin has consented to a stay and that I dont understand why and that I wish to proceed with the case.

I sent a letter to the court last week based on PT's stickied non-compliance of orders letter requesting the claim was struck out or for the file to be put before the DJ. I will wait a couple of days, give the court time to catch up on post, and to see if anything comes through the post and then ring them. I got all confused, cos I wasnt expecting a stay. Will write down what I want to say, re this. If there is any advice on adding anything to the Directions, please let me know, I need to get this sorted by the end of the week ready for the pre-trial thing

I did write last week, but the Court said they havent received it yet or its not been dealt with. I know some of our post boxes locally havent been collected, but funny that Marlins gets through or perhaps they faxed. This stay has just come out of the blue, I told Marlins on the telephone that I wasnt going to sign their Consent Order as they rang me when they received my Witness Statement. I think the last payment to Marlin was October They did receive the letter from Marlins on Friday re a stay....I dont want this, I want it sorted. The court told me to continue with the pre trial check list. Just wish I wasnt so confused

Draft Order for Directions The Claimant shall within 14 days of service of this order file and serve the following: 1) Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended. 2) Copies of any statement or other document relied upon including proof of the amount of the debt and how it was accrued. 3) The Deed of Assignment in order to establish the authenticity of any alleged assignment of this debt. 4) A witness statement that the Claimant intends to rely on in Court 5) If the Claimant fails to comply with this order, or any specific direction/disclosure, the claim will be struck out pursuant to CPR 3.4.2 © The Defendant shall within 14 days thereafter file and serve the following: 6) An amended defence sufficiently particularised in response to the documents supplied by the claimant. I dont want to mess this up at this stage, thoughts please on the directions. Also I dont want this stay either and didnt request one.

Right I sent the letter stating they hadnt complied with the order, just rang the court and they have a backlog and postal collections/deliveries havent been happening here. But apparently Marlin have agreed to a stay cos I have been paying. Their last payment was October!!!! I didnt request a stay, just sent my WS to them. All very confusing. I dont want this case stayed, I want it to carry on, and get sorted. The Court lady seemed as confused as me, and said to complete my pre trial check list and send in with directions. No letter as of yet re any orders etc. Help please

one catalogue company sent me a brand new one which was blank and said, this is what it would have looked like. I said no it was sufficient and not hear for a while now. Dont give in and like Hillards said, dont sign anything. Mind you as you have now found this site, I wouldnt have thought that you would have signed and sent it back anyway

Mine was fairly new, cant rememer exactly, but perhaps 2006. I knew I hadnt signed anything and that they wouldnt come up with it. Its been over a year since I have heard from anyone regarding that account. So fingers crossed here

I saw off Simply Be a year or so ago cos they didnt have a CCA. If I remember rightly they had sold it Activ Kapital and then Buchanan Clare tried to collect, just kept insisting it was in dispute and not hear for over a year. I am sure it will rear its head in the future at some point, but hey its in dispute.

I have a problem with the Assignment on my case and I have been told by other CAGers that I have the right to see it. It will be interesting to see what others with more knowledge say

I got a bit low just before xmas and was considering throwing in the towel, but Magda and CitizenB and a couple of others helped me through and I am back fighting. You can do it too xx

Beachcomber - Magda has been helping me and her advice is good, she has already been there, she is a great support too

Those that can help, usually like to know what the Particulars of Claim are....you can find that on the blue N1 form from the court. Also if you have received documents from LLoyds, what did you actually receive and can you post up the Agreement if you have it. It helps for others to help with your case

Personally, I would let the court know that they havent complied with the order. In my own case, I havent received a Witness Statement from the Claimant, they had mine by xmas Eve which was the date stated on the order. I have today prepared a letter to the Court, pointing out that yet again they havent complied and requesting they either strike it out or put before the Judge for another order. I have read here lots that the Judge will usually give the Claimant more time. But it will have made the Court aware that they are messing around

If you make a start on your witness statement and post it up here, I am sure someone will take a look and make some comments for you. Good luck with the interview

Always insist on paying by Standing Order and dont set up a Direct Debit or payment via your debit card. If it was a Standing Order then only you can change the amount.

If they took you to court, which they would have to do to get an 'attachment of Earnings'. You would be able to defend the case with an unsigned agreement and they would be ordered to provide a signed one (if they have it). Dont give in to their threats

I got rid of one of the JDWilliams associated companies by sending the CCA letter, but it had gone to a DCA and they stopped sending me letters once they admitted there wasnt a CCA I think it was GUS or another of those who sent me a blank copy of the agreement, then sold it on. I wrote to the DCA with the 'I am surprised' letter and it got sent back to GUS and havent heard another dicky bird since. I have reliable Collections on my to do list again, as hubby had an account with them too So keep piling on the pressure.

Credit Cards are covered by the CCA rules, but overdrafts arent.

Thank you Post, I take it if they took us to Court they would still be obliged to provide the original

Post, I have some other CCA letters to send at the moment the accounts are both with original creditors and some are with DCA's. I was wondering if I should be sending the letters you have posted on this and other threads, and just adapt accordingly. I was also wondering why there was two letters. Apologies to Lynieloo for hijacking your thread

I have been lucky enough to find CAG and have had some excellent help thats seen off some creditors. But one did rear its ugly head on Boxing Day and yes it was Mercers or their happy band of other companies and yes my heart did sink too. But hey they arent going to get me down

Lynieloo - I see you are new to my old friend Marlin. I too had 4 account with them, they all went to court eventually. Two we came to agreements on, one was discontinued and the last one is still in court, but I am fighting it tooth and nail. You can win with them, lots of peeps have.