Just keep everything and remember to date when the envelopes are delivered!

Hi spam, put in your application to vary the judgement asap. If it is granted before they apply for the ICO it will form your defence under Mercantile Credit v Ellis. My application was made just before they applied for the ICo and was granted a couple of days before their application was heard. My lovely and very knowledgeable DJ said that it was court policy not to award the ICO if there was an instalment order that had not been breached.

Also make a complaint to the SRA Solicitors Regulation Authority,OFT and TS. They may not do anything but the more complaints made ....

Even if they deny you the right to appeal, you still can but the cost implications are quite horrible!

Hi spam, sorry to hear that you lost in the DJ lottery, [problem] seem to be on first name terms with most DJs! I don't know which is worse, having an obviously biased judge or one who tells you how knowledgeable you are BUT THE BALANCE OF PROBABILITIES............. Each court/judicial district should have a dedicated consumer credit judge, that way the law could be upheld for both parties (I will now step off my soap box)

I've just found this thread, well done for all your support of Matt. Make sure you have enough you and mum time so that you can deal with all the turmoil that follows the loss of a parent and continue to have the strength to support Matt.

No don't wait. You should supply a copy of the letter sent requesting instalments, with proof of posting/delivery and explain that you had spoken to *** who had advised you to deal directly with the company.

Oh dear maddie, never talk to bailiffs, always keep everything locked and never talk to them. have you posted in the bailiff section to see if there is anything you can do?

I defended an instalment order and as my payments were up to date the CO was thrown out. If they try this I'll link you to my thread with the defence etc.

piece

set

card

When they use Northampton they do not have to attach a copy of the CCA which is why they use it. CPR 31.14 does only cover documents mentioned in the POC, however, read this sticky as it covers Cabot's antics http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

Don't be surprised if they try for a CO. As long as your payments are maintained you can defend against it. DJ lottery is a bummer!

I am no expert but can see no problems with it. I would add the last few lines of the specimen: If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following • An amended defence sufficiently particularised in response to the documents supplied by the claimant. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Make sure if this is granted that you keep very carefully to the time-scales.

They won't give it as it will be commercially sensitive information! You can try anything, you just may not have it granted!!!

Dugong

Provision

As I said it is andyorch you need to thank and perhaps my library! We all reach that point when we need answers now because we are on a roll and then all we get is a deathly silence and we feel lost and abandoned! Everyone is always on holiday/ at work or somewhere equally inconsiderate when a potential disaster occurs

Board

Bandicoot

Hi gs, you are right, there used to be a sticky on aqs but it is no longer there. As they say on all the good cookery shows, this is one that I prepared earlier....(actually andyorch prepared it and I kept a copy for reference thank you andy) which may help: Have you sent a copy of this completed form to the other party Yes A. SETTLEMENT For All 1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? Yes Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts. B. LOCATON OF TRIAL Is there any reason why your claim needs to be heard at a particular court? NO C. PRE-ACTION PROTOCOLS You are expected to comply with the relevant pre-action protocol. Have you done so? No If No, explain why? This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard. D. CASE MANAGEMENT INFORMATION What amount of the claim is in dispute? £XXXXXX (amount less court fee/sol fee Applications Have you made any application(s) in this claim? NO Witnesses Xx xxxxx All the facts in the case (yourself) ExpertsNo TrackFast Track If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice: Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. E TRIAL OR FINAL HEARING How long do you estimate the trial or final hearing will take? 3 Hours Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES F PROPOSED DIRECTIONS Have you attached a list of the directions you think appropriate for the management of the claim? Yes If Yes, have they been agreed with the other party? NO G COSTS Leave blank H Fee I OTHER INFORMATION Have you attached documents to this questionnaire? YES Have you sent these documents to the other partyYES If Yes, when did they receive them? Do you intend to make any applications in the immediate future?YES If Yes, what for? An order seeking the Claimants compliance with information previously requested. In the space below, set out any other information you consider will help the judge to manage the claim. If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. Therefore it stands to reason that this document must be disclosed before this case can progress any further. ___________________ DRAFT ORDER FOR DIRECTIONS In the ************* County Court Claim number ********** Between ************* - Claimant and xxxxxxxxxx - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: • Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon. • 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, • Document, contract or deed of assignment • Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. • Copies of any statement or other document relied upon If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall within 14 days thereafter file and serve the following • An amended defence sufficiently particularised in response to the documents supplied by the claimant. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Regards Andy

it does depend on the DJ, 'it is industry accepted' was a quote from my knowledgeable DJ:-x Unfortunately when the DJ sums up as part of his judgement this can be the first time you have confirmation of his interpretation of the law. However, in some courts the DJs are hot on this see the sticky on Cabot

Nothing ventured, nothing gained!! You will receive a heavily redacted document which shows your details and nothing else, no financial values etc as this is 'commercially sensitive information'.

To get the CCJ set aside you would have to have grounds for this, ignoring the post won't work (sorry). The only way to avoid a CO (I think) would be to pay the amount before the court case which would show the CCJ as settled on your credit records. There are actions you could have taken when the CCJ was awarded, but it is probably too late. It is always worth arguing and defending an application, sometimes you get a DJ on a good day and ...... Go on to Debtline and read their fact sheet on COs, also read through sequenci's sticky on COs. As for your husband, you need to read and understand as much as possible to explain COs. Do you have much equity in your property and any other debts or children? If you do get the CO you must make sure that part of the court order states that no order for sale can be made as long as repayments are maintained.