Samaritan - how about sending the £1 Postal order and the CCA letter to these companies, to find out if they have all the necessary paperwork to continue collecting these dets. If they are more than 7 years old, bet they havent. Good luck with whatever you decide to do

Just read back a little over your thread, but not all through. Did you get a form to fill in with the letter from the Court saying it had been transferred. If I remember rightly, thats usually when you get your Allocation Questionnaire to fill in

Battyman, I also have to fill in a pre-trial checklist next week. I didnt receive one from the Court with the directions order either, but did find something on the HMC website, had a quick look before xmas, it seemed fairly straight forward. So am going to deal with it next week.

Great one, hope you had a good time though. Happy New Year x

You are welcome Rainbow. Glad you have got it sorted and you are happy with it. Happy New Year

Thanks Magda, the judge did order an unless order when they kept kicking their heels over filing their AQ, it did make them do it otherwise it would have been struck out. I will ring the court in the morning and see if anything has been received after our post has arrived and if not, pop a letter through the courts door over the weekend.

I also put yes when I did a N149 as I read, like you said, that it was best to look helpful. The Judge will probably order Cohens to disclose the docs following your AQ, thats if Cohens do then.

On your form is there a bit to say why you dont want to use mediation. I had a fast track form, so know its slightly different. But if there is, just put a note to say until you have the docs, you arent in a position to mediate. I did agree one debt via mediation in the past, but it was an overdraft, as as the rules are different, I felt a bit out of my depth, so seemed an easy option. I think only you can decide if you wish to mediate, I know I read threads that had arguments both ways. The sticky will help with the 'Other Info' section though, if you still need it.

Still no witness statement from Marlins. I was wondering what my next step should be. I was thinking about writing a letter to the Court pointing out it hasnt been received or should I wait until I have to do my pre trial checklist Opinions would be appreciated. Thank you and a Happy New Year to all who have helped me so far

Rainbow - there is a sticky thread at the top of the forum, that gives details of filling in a N149 or N150. Its what I used and should help you with the directions you need to add.

I personally would escalate this to a complaint to the council then. I would be writing to your local MP especially if this person is wasting council money on cases that have already been paid. In another life I worked for the local council when it was 'Rates', shows how long ago. But then if someone got onto their local MP and they started dealing with a case, everyone had to fall over themselves to deal with it. You can find out who yours is by ringing the council . This is a waste of the council tax money

Just a suggestion, not sure if its right or not. But how about writing to the council and enclosing your proof and suggesting they discontinue the court action as there is no case to answer. Surely it would then save you all the hassle of meeting deadlines and worrying about all the form filling

Nothing you can do at the moment, except wait and see if they send anything back in response to your request. You could search around the forums for an embarrassed defence, its usual for nothing to be supplied and thats the defence you would need to enter in that scenario. Make sure you keep a close eye on the date you need to submit your defence, you dont want them to get a Judgement by Default.

Cos they left a message

thought they would have had somethng better to do. I am sitting here drinking wine and thats certainly better than harrassing people on Boxing Day.

thought we would have got the weekend off from hassle. Still they can ring all they like, I am not going to answer

We had an HSBC credit card discontinued through the court as they didnt have a CCA, but others are still proceeding through the court, although they are newer agreements. I think the DCA's or whoever is starting to collect through the court are hoping for judgements by default. You are doing well and now you have found CAG, you will get help and reassurance when you need it. Enjoy the rest of your xmas break

Would like to add that I got a call from a DCA today at 1pm...yes Boxing Day. Shame I didnt answer the phone as didnt recognise the number

I got a call from them today too. I have caller display and dont answer anything that I dont know. I couldnt believe they called on Boxing Day though

Surprise Surprise, no witness statement from Marlin was received on xmas Eve. Still that was good for me so I didnt have to worry about it over the weekend.

Calder Financial - no idea who they are though and what they are dealing with to do with us

Got a call which we didnt answer today. I cant believe that DCA's are working on Boxing Day, or perhaps I can

Thank you Lilly and CB, I think I am sorted now. Waves to my guest...come and join us, we dont bit and if you are legite you get lots of help here

Comments please, just want to get it right

had a thought about it and think this is probably more like it UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) 1983 No 1561 Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 Made - - - 24th October 1983 Authority: Consumer Credit Act 1974, ss 76(3), (5), 87(4), 88(1), (4), 98(3), (5), 182(2), 189(1) UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)/1Creditor or owner to omit words in square brackets if there is no specification under paragraph 6(e) of any action intended to be taken to enforce any security. SCHEDULE 2 FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY Regulation 2(2) Details of agreement 1 A description of the agreement sufficient to identify it. Parties to agreement 2 (1) The name and a postal address of the creditor or owner. (2) The name and postal address of the debtor or hirer. Details of breach of agreement and action required to remedy, or pay compensation for, the breach 3 A specification of:-- (a) the provision of the agreement alleged to have been breached; and (b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either © if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or (d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid. Action by the creditor or owner to be ineffective if breach remedied or compensation paid 4 Where any action is specified under paragraph 3© or (d) as required to be taken, a statement that the provision for the taking of any action by the creditor or owner such as is mentioned in paragraph 6 will be ineffective if the breach is duly remedied or the compensation is duly paid in the following form— "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH". Note: This statement shall follow the specification under paragraph 3© or (d) of any action required to be taken. Consequences of failure to comply with default notice 5 Where any action is specified under paragraph 3© or (d) as required to be taken, a statement indicating the consequences of the failure by the debtor or hirer to comply with the default notice in the following form— "IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]". Notes: 1. This statement shall be followed by the specification under paragraph 6 of the further action intended to be taken by the creditor or owner. Action intended to be taken by creditor or owner 6 A clear and unambiguous statement by the creditor or owner indicating, if any action specified under paragraph 3© or (d) as required to be taken is not duly taken or if no such action is required to be taken, the action which he intends to take by reason of the breach by the debtor or hirer of the agreement— (a) to terminate the agreement; (b) to demand earlier payment of any sum; © to recover possession of any goods or land; (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; (e) to enforce any security; (f) to enforce any provision of the agreement which becomes operative only on a breach of another provision of the agreement as specified in the notice, at any time on or after the date specified under paragraph 3© or (d), or, if no action is specified under that paragraph as required to be taken, indicating the date, being a date [not less than fourteen days] after the date of service of the notice, on or after which he intends to take any action indicated in this paragraph.