Sorry to hear about your problems Chris but a bit of advice in future when ever you send anything to the courts or to the creditors send via special delivery. I know it costs a little more but believe me it is worth it............that way you have 100% proof that you send documents/information and would not need to re-send again. Sometimes it takes one little mistake or misunderstanding to mess everything up and although this is not your mistake I doubt the court staff will own up and confirm what they said to you IMO. You need to make 100% sure that you get everything done correctly and leave no cracks so that your opponent can take advantage as it looks has happened. I hope you get some answers from the court today and I would push for an explanation as to why you were mis advised. Sorry just my 2 pence worth, and good luck mate 8)

Thanks DD I do have the credit file and it states account closed with balance owing of xxxx, maybe not the same as terminating but definatley a lot of incorrect and false info recorded, I will post up a snippet in a mo http://i450.photobucket.com/albums/qq223/sophiak_bucket/CRA.jpg

I am not sure maybe you should pm one of the site team members and ask them

Thanks DD I have evidence as I have a copy of my credit file showing details that my account was CLOSED and a DEFAULT registered ONE MONTH before I was issued with a DN. Only TWO PAYMENTS were missed at that time. Also the Claimant had marked my credit file being 6 months in arrears which is totally incorrect information. My account was terminated approx 6 weeks after I received a DN and during those 6 weeks I was writing to the Claimant to try and set up a payment plan. There is no doubt that the Claimant closed my account prior to giving me a warning and also they issued a DN after they had registered a default. They now say that they will investigate and correct if it necessary, what a joke.

Quick question please. A default was recorded and registered on my credit file after I was in 2 months arrears.........also the default was recorded prior to receiving a DN. I was not given any prior notice before this DN was recorded on my credit file. Now HSBC say that they will contact all 3 agencies and make further investigations and arrange any necessary amendments to be made. That is OK for them to do this? DN recorded on credit file April, DN received May. Prior to April I was only in 2 months arrears.

Hi flowsk on agreement number 2 you have left your reference number shown clearly for all to see, please remove asap

Hi indianmachno, I have been following your thread and although I am not that good at giving advice what to do I just wish that all works out for you. I can understand what you must be going through as I went through something similar with a very very nasty person. What I would like to say is no matter how hard and upsetting and at times hopeless, please do not give up. You know that you are right.......so keep fighting. This person's lies and betrayals will surface. You must find the strength to fight and carry on, and you are getting a lot of great advice from a lot of great caggers so keep strong. One way or the other this mess will get sorted. Make sure you have your defence up to scratch and do not leave out any single detail. Yes the court will decide what should be but at least you have got a great chance to put your side forward, where as in my case I did not as I signed a consent order before my hearing through bad advice given by my legal rep and still carry the scars. Do not feel sad as you have done nothing wrong and when we start feeling these kinds of emotions it cloggs up our minds and at this time it is very important you are thinking clearly in order to get your defence done properly. Sorry I cannot offer any advice but I can offer you my best wishes and the very best of luck........which hopefully me and many others hope you will not need. Take it easy and everything will soon sort itself out xxxxxxxxxxxxxxxxxx

Unlike others, my brain is a masterpiece. it has 2 halves, the left & the right The left has nothing right in it & the right has nothing left in it...............is how I felt when I made the request

Thanks DD I the only reason that I filled my defence was for the reason that I was afraid if I did not then I would get a judgment in default. In reading so many stories of others and seeing how some courts have sided with the creditors I did not want to run that risk. I know maybe I done things back to front but at the time of making this CPR request it really did not cross my mind that I already had these documents and should not have requested them again. This goes to prove that being a LIP we do not not know all the in's and the out's of the legal system...........plus when I did make my cca request I was sent a recon agreement and if I were sent another agreement that did not look like the one I had in possession then I don't think I would have a problem but the creditor. Maybe yes I would need to file an amended defence but that would only further prove that the creditor has sent two agreements that do not resemble each other. I know some may say that I should not have entered my defence without all the documents present but as I said before I did not want to miss any deadline and at that time thought that I was doing teh right thing. Well its done now and the claim has been stayed and they want me to sign this consent form. This only goes to prove and confirm that they are/have been beyond unreasonable. Plus if this gets to trial they will have the agreement and I will be able to see if it the same as the one they sent me which I already know that the recon is not the same as the original one. The original copy was 7 pages and the recon they sent me was 3.

Thanks shadow, no at this moment I do not know what track it is on and have not reached the AQ stage yet. My creditor has sent me a consent order to sign and advise me that they will still proceed to apply for a judgment against me. Plus I really do not need the documents that I requested in my CPR request as I did already have them, as I said just wanted to buy some time.

Thanks shadow for that info, problem is I already filled my defence before they sent me this request. I already had a copy of my agreement and the documents requested as I attached them to my defence, guess I made this request just to buy some time so I could sort my defence out really, which I did. But I was pointed out about this fact by my creditor, and just wanted to make sure what they were saying was true. Feel like a bit of a plonker doing this request, but what the hell hey how else we gonna learn LOL. Thanks again shadow

Just thought I'd write this and hope someone would correct me if this information is incorrect: I received this response from my creditor when I requested a CPR Request 31.14 Dear Mrs xx Within your letters you have requested documentation under CPR 31.14. Please note that CPR 31 applies to all claims except on the small claims track. As you are aware, the value of the claim is under £5,000.00. So does that mean that one cannot make a CPR 31.14 Request for claims under £5K?

Well that's a good start

Did the Land Registry also inform you about the interim charging order? Interim Order-Charging Order A Charging Order is another approach that a creditor can take in order to make the debtor repay a debt. Generally this is done when a creditor has issued a CCJ and it is a way to enforce the CCJ should it not be paid in full or if any of the agreed instalments are missed. A Charging Order gives the creditor security of the debt. Once the Charging Order has been granted the debt becomes “secured” on the debtors’ house / land in the same way a mortgage or secured loan is. The first step of a Charging Order is an Interim Order, this can be issued to the debtor without a hearing, normally it outlines the date for the Charging Order hearing (21 days notice must be given) which will be heard in front of a District Judge. As a precaution a copy of the Interim Order will also be sent Land Registry and this will be noted – this makes it impossible for the property to be sold. The Land Registry will also inform the debtor in writing that an Interim Order has been made. If the debtor objects to the Interim / Charging Order then it is imperative that they send their written objections along with any evidence to the petitioning creditor at least seven days prior to the hearing. It is also good practice for a copy of this to be sent to the court and the petitioning creditor’s solicitor (all should be sent by registered post). At the Charging Order hearing the District Judge will decide whether to make a permanent charge on the property – he will take into account evidence / objections from both sides. It is imperative that the debtor attends the hearing as if they do not it is more likely that the Charging Order will be granted. If the hearing is not at a local court then the debtor can apply for it to be transferred to a local court – the form to complete is N244 and there is a fee. The District Judge must consider whether it is reasonable to make a charging order. Under the Charging Orders Act 1979 they have to consider all of the circumstances of the case such as the personal circumstances of the debtor and whether if the Charging Order was granted it would be “unduly prejudiced” – this means that if the Charging Order was granted there would be a disadvantage to other creditors that the debtor may have. If the property is in joint names but the debt is in a sole name – the other owner of the property has the opportunity to explain why they do not feel that the Charging Order should be granted. Some of these objections could include: who has paid for the deposit or who has made the mortgage payments. All of these are valid points but must be sent to the court, petitioning creditor and petitioning creditor’s solicitor at least 7 days prior to the hearing. If the Charging Order is granted it is very rare for a court to allow a creditor to sell the property. The majority of creditors are happy to wait for the home to be sold at some point in the future. If the creditor requests that the property is sold there must be another hearing, again the District Judge would decide using objections / arguments from both sides whether to grant this.

There may be no need for you to attend the hearing nevertheless, How is an application made? The application for a charging order always has two stages: STAGE ONE – THE INTERIM ORDERThe creditor makes an application for a charging order and the court will make what is called an interim charging order if it is satisfied that you own, or have a part share (an interest), in the property in question. This is NOT the final order. An interim charging order is usually made automatically without a hearing and a date for a full hearing is set. A copy of the interim order will be sent to you. This should be done at least 21 days before the hearing date set by the District Judge. The hearing is for the court to decide whether or not to make the charging order permanent ('Final'). This hearing is likely to be held in the District Judge's private rooms. The creditor will also register the interim charging order as a "caution" on your property with the Land Registry who should inform you of this in writing. This means you cannot sell the property before the hearing You should at least receive a copy or some sort of notification I would have thought. The false declaration should be easily resolved provided both sides legal reps state the truth and what was agreed. I would imagine that Restons will not but your solicitors should be able to clear this up for you IF they have nothing to hide.

Bottom line is then DD, an agreement was made between two parties. Both sides legal reps were involved. At that time this agreement was made according to you all agreed to what the terms & conditions etc etc would be. Then somewhere along the line someone one party has pulled a fast one, meaning gone back on what was agreed and you need to know which party that was. I would be contacting my solicitors and be writing to Restons before this hearing date and be asking some very heavy questions. It would be great if you could get both sides stories in front of you before you go to the hearing that way you will have some idea who is telling porkies and who has double crossed you.

If that is the case then if it were me then my first point of call would be my own solicitors as they are the ones who arranged this payment plan between you & Restons and were involved. If they can confirm in writing that what you say and what was agreed that would be the more better for you and they would be a party and a witness of what the true terms were agreed on and to. If they do not co-operate and do not agree to what you say is true then IMO both sides legal reps have concocted between themselves in to making you consent instead of going to trial. My theory is that Restons knew they would have lost that is why this agreement was arranged, but I am very cinical these days especially when consent orders are made.

Well that is a good place to start as it is vital you see the CCJ and what is written on there. Your solicitors should be able to confirm in writing to you what was agreed, terms, payments etc etc.........and if they do not then IMO that is a case for professional negligence as they also owed you a duty of care to give you the best advice. If your solicitors can back you up and what you agreed to then you should have no problem, and that will prove that Restons are lying. I also would have thought you would have had some notice of the interim hearing......did the court send you any notification of this? Good luck I am sure you will get to the bottom of this.

Just trying to understand myself as I am still learning through trial n error.......if the other side state that there was a forthwith judgment then you would have received a copy of that order, no? Could you not contact the court and ask them for details of when this forthwith order was made and granted? and any other details. Sorry, did go back and read that the CCJ was made on 21 Oct......what did that order say? looks like they have pulled a fast one as I know how it can and is done being a victim to something similar to you but on a much larger scale.

Hi DD, did your solicitors give you a reason for pulling out why they pulled out a few days before the trial? IMO sounds to me they had already been in negotiations with the other side and had come to arrangement between themselves then your sols put this negotiation to you? am I right? The reason I say that is in my experience and I only can speak from my own personal experience is that even your own solicitors will quite happily string you along for as long as it takes and right at the end pull out and tell you some story why they have. I would want answers as to why your solicitors if they were going to enter in negotiations then why did they not advise you earlier? does that make them a party to what has gone on behind your back? I think it does. I believe you have a right to get to the bottom of this and you need to know as they owed you a duty of care.......did they act in your best interests? What they advised and you agreed to was it in writing? if not then I would be asking your solicitors why they did not put what was agreed in writing if everything was 100% Kosher? Maybe the trial should have been adjourned as you had a valid excuse that your solicitors pulled out.......but they had already pre planned what they were going to do beforehand. Can I ask whose idea was it initially about you accepting this CCJ against your name in return for the other side accepting monthly payments? You have a lot of questions that need answering and which you have a right to know, especially after the dirty underhanded trick they have played.

Hi asif121 when did you send off the CPR request? There is a cagger pt2537 who has posted a lot of good advice on this forum especially about the legal stuff, here is a snippet that he posted not long ago with some very useful info Originally Posted by surfaceagentx20 PV, A Defendant faced with a Claimant who declines to deal with his CPR 31.14 obligations promptly (ie within 7 days of the request) may file an application with the court in Form N244 for an appropriate order. The following text is fom a post I made in wakeywakey's thread entitled: 'Marlins/Arrow Global have no CCA-Now what?' and deals with the completion of the N244 for an appropriate order folowing a Claimant's failure to comply with a CPR 31.14 request. In box [3] of the N244 write: 'An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to [here add any special feature or requirement of the case] and to enable the proper preparation of a Defence.' In Box 4 write: 'Yes' In Box 5 write: 'Without a hearing' Ignore Box 6 In Box 7 write: 'None' In Box 8 write: 'District Judge' In Box 9 write: 'Claimant' In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write: 'On (date), following service of the Claim Form in this case, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'. The following is the text taken from my wakeywakey post but hopefully will assist with a gist of the sort of thing to say: [The Claimant replied by letter dated (date) rejecting my request on the ground it had no obligation to comply. A copy of this reply is attached to this application notice marked 'B'. The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.'] Sign the statement, attach the copies and complete the remainder of the N244 in the usual way applicable to your case. On a separate piece of paper to be attached to your application notice, write this: Claim No: Draft Order 1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [here list the documents sought in the CPR 31.14 request for example, [1] the agreement [2] the default notice and [3] the assignment,] the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and [ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975. 2 In the event that the Claimant shall comply with this order, the Defendant shall file and serve a Defence by 4:00pm on (date) and [ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00] The fee payable to the court on filing this application is presently £75.00. Hope this helps. x20

Hi TM my CPR request was for them to send me a copy of my cca and DN as it was not attached to their POC.........but this letter I received from them pointed out that I already have these documents as they were submitted with my defence so they do not need to comply with this request. I don't know what I was thinking when I done that CPR request, LOL. Anyways, thanks for that but I think that HSBC think that I am not all there after reading my defence.

Well maybe that is a good thing no? have you read my thread and see the advice I have receievd? Here is a link honey, you will feel much better after reading what HSBC are doing to me LOL http://www.consumeractiongroup.co.uk/forum/showthread.php?289115-HSBC-want-me-to-withdraw-Defence&highlight=

Hi honey I submitted my defence and I got a reply and they want me to sign a consent order. When was your case stayed?

Thanks for the well wishes and support DD, I will of course update with any happenings as they go along. Thanks again