I finally got a response.They want a fully particularised schedule of costs incurred and only if the figure is in the vicinity (which it isn't) of what they are claiming, will they consider writing off the debt.They agree that they debt is unenforceable and attached OFT guide lines stating that information will be passed onto credit refence agencies (which they have already done from the start).There is also the Notice of Discontinuance which has been sent to the court which I need to sign that states they are discontinuing all of the claim. No mention of costs incurred or each person should pay their own costs.I think I am out of ideas here. Any thoughts?

There has been no reply as yet. Hopefully I will hear back soon. Bryan

I have written a letter to DG as RWM had suggested asking them to write off the debt. Let's see what happens.

The Consent to Discontinuance letter where my signature is needed along with theirs also contains the the part about "each party shall bear their own costs". Should I draw up my own discontinuance letter and omit the part about "each party shall bear their own costs" or simply sign and strike off the part that I do not agree with?

Hi all, Received a letter from DG requesting me to sign a Consent of Discontinuance which they will then send off to the court. The Discontinuance letter to the court also says that each party shall bear their own costs of this action. Attached with the Discontinuance letter is another letter marked "WITHOUT PREJUDICE" The letter states that they are not going to continue with legal action based on a commercial decision and with no admission as to liability. It goes on to say the sums remain due and owing to their client (HSBC) and they now require my repayment proposals. In the absence of which, we may take our client's instructions who may instruct that the matter be passed to external agents for recovery. If I sign the discontinuance, does that mean I will have more debt collectors calling me for repayment of this debt? Can this be avoided?

Can someone take a look at my defence?

Hi Guys,Is there anyone else that can offer some advice on my defence?

Thank you Pedross for your input. I will be sure to include the Default Notice in my defence.

If I refute point 5, is that enough to submit a defence?HSBC must have done this many times to know a way of getting past not having the original agreement.

I have received the claim from DG.POC details are attached.It seems like HSBC are more content on going down the "Carey" route than to defend an actual agreement in court which I have with me.The attachements for the POC that came with the Clam from Northampton included a1. Reconstructed copy of an application form2. Original Terms and Conditions3. Notice of Variation4. Current terms and conditions5. Statement of account. (List of credit card statements.)I have to sumbit a defence by 14th August 2011.I have put up most of my defence in my previous posts a bit prematurely thinking that it needed to be submitted at that stage. I never submitted that defence.Can someone help me polish up my defence?

Hi,I did not consent previously when DG asked to have the stay lifted, I simply did not respond.Yesterday I received a GENERAL DIRECTION ORDER from Northampton CCBC dated 6 July 2011."The Court will deal with the application to lift the stay without hearing under CPR 23.8©."It is ordered that:1. The Application to lift the stay is granted2. Permission is given for the Claimant to file and serve a fully particularised POC by 1st August3. The defendant is to file and serve a fully particularised defence within 14 days of service of the POC. Is there anything else I need to do here?

Thank you for your assisstance. It's really highly appreciated.I will do nothing and see what happens.

The offer was for 50% of the amout owed as a Full and Final settlement and nothing else.

Any thoughts on this as I have to reply to them by 12th May?

Hi,I have finally received DG Solicitors response. I am a little confused on how to respond, so I have attached their response.It seems like they are asking for consent to have the stay lifted and to allow them to file a fully particularised POC.They mention that if I don't give them consent, I will incur additional costs which they be asking me to pay.They have also rejected my offer to pay 50% of the debt in one lump sum. I did full out an Income and Expenditure based on my income alone. They are now asking for a HOUSEHOLD income, before any settlement can be reached, which I am not willing to provided as the Credit Card was on my name only.Any thoughts on how I can proceed, do I agree with the consent? 20110503090955174.pdf