Ooh Donkey do they have to pay for the application to have the stay lifted - please say yes!!! I for one will not be making an application to strike out. As has been said on previous threads the longer they leave their stay it must give us an advantageous point with the Judge.

Has anyone received anything further from HL solicitors after receiving "we will stay the action so a replacement plan can be set up". Everything seems to have gone quiet. I imagine this will drag on for months/years/a lifetime/eternity

I have Leyla over 2 weeks ago ignored it and heard nothing since. I keep checking threads to see if anyone has received anything else ie AQ but nothing. I have phoned the court and they say they are still waiting to hearing from HL. HH

I agree, no-one should do anything and let it ride for a couple of months. I am pretty sure though that if they wish to amend or discontinue the court would ask for a formal consent order to be signed and why should we do that. I have until 23rd to respond to their "we will stay and you make the rest of the payment by instalments letter". BTW my amount is nearly £6!! So for the time being I will sit back and watch other threads - I think it will be stablemate. Not going to waste postage on a "discontinue letter". Sorry just realised not in my own thread - too many threads going at once. Apologies to the original poster. HH

Personally, you have given them the opportunity to discontinue and they have threw their dummies out of the pram. Let them carry on and see if they proceed. At the moment they could only proceed on the original claim form, I cannot see a court letting them just change the amount (which basically that is what they are doing). My guess would be they would have to discontinue the present claim and start again paying more fees in the process and I am sure they would have to have your consent to do this, which I am sure you wont. I am doing nothing with my claim as it looks like they will simply send the same letter. Looking at all the threads, not one has to go the AQ stage, all have been stayed. That says something. HH

Just keeping an eye on this thread as it is ahead of mine. HH

Shadow defence filed last week. I sent a chase up letter for the request of the documents to no avail. Their letter confirms receipt of the defence.

Check in on my post for an update of what I got, they did not say "we will discontinue" they say "will not pursue and will stay the claim" two different things. I am of the mind to send a letter saying "no agreement" "no default notice" "a reconstructed assignment letter" - they say they have not got the M & S letter and have made up a copy - they typed it and now it is worded totally different. I might ask them to discontinue, if no reply make an application to the court and send all the stuff they have sent me. Wonder what a judge will think HH

Well an update today I received in the post:- A letter saying they are prepared not to pursue the claim and allow the claim to be stayed if I enter into a repayment plan:lol: A copy of their original assignment letter but say that for control purposes of Marks & Spencer we are unable to provide their original assignment letter and have enclosed a reconstruction of the notice of the assignment letter - what - they bloody typed the thing and put it in their envelope. A copy of the original application form no terms or conditions. And finally the best default notice I have seen in a while - a blank piece of paper of a template default notice not showing anything but This default notice served on you relates to your account number T13 a £12 charge will be debited to your account You have not paid instalments blah blah you are T02 in arrears and are in breach of your agreement. In order to remedy the breach, you may the total arrears of T02 before T08. Further action referred to above On or after the date shown above the company will demand the full outstanding balance on your account Outstanding balance including interest to date H25 HH rolling around the floor at this point. No statements. What are my options - do I ask them to discontinue and wait and see or just go for the jugular and make an application to the court. I am sure others will receive similar in the next few days HH

I would send as back up just in case. Its better they have two on the file than none at all. HH

I was the same Leyla, couldn't log in at MCOl saying incorrect password or id although I copied everything to the letter from the claim pack. Anyhow, I am in the same boat as you and sent my defence on Monday as MCOL are 6 days behind in filing their documentation so you must get your defence in early and check they have received. I am sure they are not 6 days behind in producing judgments though. So get that defence in sharpish, don't leave it to the last minute as even though they have received it, they wont be placing it on the file in quick time.

Well after a chase up of my request for the documents nothing has arrived so I have sent my defence by fax and recorded delivery. For some unknown reason MCOL website is saying I have the wrong claim number or password and has said that since I logged on so rather than waiting to see if it sorts itself out I have got my defence in. We shall see what happens. HH

Funky, thats exactly what I think and everyone needs to know this - no-one should pay a single penny of their claim - disgusting behaviour I think. I know we all thought they have got the figures wrong (in my case the claim should be £6500) and thought will pay that until you read "PART AGREEMENT" and then the penny clinks. This should be made a sticky to warn people not to pay anything. Hopefully Sickma will lose out in the end!!! BTW they have sent two agreements to me - terms and conditions they say were on the back from 1989 (£12 default charge) and is illegible.

My threads one behind yours, any more takers on receiving these pathetic claim forms ! Hammy

Thanks for advising folks, it really helps. I dont think they are going to respond to my CPR so will give it 3 weeks and use the defence that Andy had posted in a previous thread - short and sweet 1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county court Act 1984 s35 Division of causes of action. 2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of. 3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I will not get bogged down re: the NOA. I think this defence just says what needs to be said. I have noticed on earlier threads that nothing seems to have happened after lodging the defence. Has anyone got as far as AQ stage. Really itching to throw in the defence but will give them the opportunity and even send them a follow up just to show to the court if the case goes any further. Thanks again folks you are really informative and hopefully people will understand more by reading and learning on these threads. Hammy

Thanks Skem now understand, the funny thing is the M & S assignment letter has been printed by Sigma and was sent in the same envelope as their letter. Shot themselves in the foot there. I do hope more people come on here to these threads as I get the impression if someone is not clued up, think £299 I'll pay that I owe far more then bang another claim arrives. I did think for one minute they had made a mistake until I saw "part agreement" Their actions are disgraceful. I am sure someone will come along in a few weeks and say "I paid this but got another claim". Will keep my thread updated as and when I hear anything.

Thanks guys, will send CPR and complete AOS. HL must have sent out hundreds if not thousands of these claim forms in the last few days mostly claiming £299. Have already received agreement which I think is unenforceable and no default notice. Skem how is Sigma's notice of assignment defective. Is it because their letter and M & S's letter were both in the same envelope!

Crumbs, Sigma must have been busy in the last couple of days I have also received a split claim POC. Can I just check, acknowledge on line, request CPR documents and then put in a defence or do I just acknowledge and throw in the defence straight away. Do you have to send a CPR letter to ask for documents these days. HH

Thanks guys, nothing on the judgement only saying £14 per month starting blah blah nothing about reviews. I offered £20 originally and they refused. Andy thanks by ignoring them and continuing to pay will not go against me if they decide for a redetermination I presume. My finances are stretched but I have continued to pay £14. I dont want to complete an I & E but thought by not doing so they might apply for redetermination and tell the court I have been ignoring all communication.

Two years ago a claim was made by Creation Finance. I offered £20 they refused and it went to court whereby the judge ordered that I pay £14 a month yippee. Been paying that ever since. I then receive a letter from Dryden Fairfax this week who have taken over from the previous idiots who represented Creation originally. The crux of the letter says as you know we originally agreed that you could pay £14 (no you didn't the court did) a month. As we told you when we took over this matter last year that we would be reviewing this on a 6 monthly basis this letter confirms that your payment plan (eer CCJ I think) is now to be reviewed. Please complete the enclosed I & E. First of all, I will certainly not be doing that. Is the only way to force me to pay any more is to go back to court. Is that correct. I am under no obligation to pay any more than what the court ordered? I feel like writing to them and saying go back to court my financial means have lessened since the original court hearing and you may be awarded £1. BTW the original idiots tried to get a charging order which was in an original thread of mine where they failed to turn up despite sending a fax to the court that day saying they did not know when the hearing was. The CO was dismissed so I know the court would not be happy if they tried this again. Drydens were (1) Unaware of the previous CO hearing and (2) still seem to think this is a payment plan and not a CCJ Thanks for your help HH

116 views but no-one can help:violin:

We took out a loan of £2000 in December 2009 over 36 months. All being good except in May 2010 we could not make the payment and telephoned them up. They said "as long as you continue your payment every month the payment can be made at the end" We then made all payments on time and even the payment at the end of January 2012 which would tie in with 36 payments. February comes and they telephone to say "wheres your payment". We say sorry loan finished they say "you owe us £800". Not a chance I say please send us a breakdown. Official complaint letter received from Welcome Finance in April. This is the jist of it. You ask us for a breakdown I can tell you that as you did not make a payment in May 2009 charges have incurred since then. Your first payment should have been 2nd January 2009 but as you changed the date to the end of the month your account was always in arrears so charges have incurred there as well. BTW when we took out the loan the local branch manager who has long gone told us "if you need to change the date ring Welcome up and change it, as long as you make the payment within the month" which we have always done. The letter does not give any breakdown of how the balance is made up. I also note that since I made my complaint they have added charges as today I receive a Default Notice arrears £820 ish balance £880. Cheeky sods. All this balance is charges as I have paid what is on the credit agreement. Does anyone have any advice. HH

Well another year down the line and still no sign of any court issue forms. Come on Wonga/Gothia the gloves are on. I have had no correspondence and no telephone calls for at least a year now. To be honest forgotten all about it until this thread popped up today.

H L did get involved but ignored them to, the usual this is how much it is going to cost you ie court fees and solicitor's fees but we may give you a discount if you contact us. Dont want to waste a stamp on them so filing it under "they haven't got a hope in hell's chance of receiving money off me file". Sigma messing up with names has also been mentioned on another thread. I really wonder how many they have messed up with. HH

I have stuck to my repayment schedule as normal. On the day they were due to debit the monies instead of taking a lump sum they took some of it out in small amounts thus alerting a fraud. I telephoned them last week to say "stop trying to take out small amounts you keep creating an alert". I told them I would make a debit card payment for the remaining balance next week to which they agreed. I went to bank today to be told "Lending Stream have emptied your account sorry". They have left me with 2p so I cant travel to work tomorrow. I spoke to Lending Stream who say that unfortunately their system operates like that, they don't take the full amount only small amounts for the balance. What amazes me is my account was credited on Saturday morning and at 12.03 Sunday morning they had whipped the lot. The bank say they have attempted collection 36 times in 2 weeks. Bank says because the money is holding and I had authorisation for Lending Stream to debit monies there is nothing I can do. I have sent them a snotty email but I wont hold my breath. HH