Ah I sent them the bemused letter today!! Should I send this too or wait their repy? Thanks Cupcake

Thanks Slick I have ticked the reject box but I do not have anywhere to add any further comment. I have today received a letter from Horwich Farrelly Solicitors - they have been advised by bc to issue court proceedings!! Cupcake

Thanks CB I will do. Cupcake

Hi Frettful It's a commission screenshot Cupcake

Hi I have finally received my SDAR from my broker! Only had a quick glimpse but whereas we thought the broker was paid £1300 for finding us the loan it appears they actually received £11,500. I am assuming this is the secret commission I have read lots about. Where does this leave me? Thanks Cupcake

Hi Guys FOS have upheld their decision!!! I now have to fill in a card saying either I accept the decision - and undersatnd it will become legally binding or I reject the decision - and understand that it does not affect any legal rights I may have. Cupcake

Just an update! I have receiveda "FINAL NOTICE" from Brian Carter. Court proceedings will be issued if they do not receive payment within 10 days. Cupcake

Thanks Colin Now I understand why it was so important! I will write and ask them which term this is in the agreement and let you know. Cupcake

Ok I'll ask them which term but does this make any difference to the DN being invalid? Cupcake

Thanks LA I will write and ask what provision has been breached but what will that tell me? Does it make a difference to the time scale on the DN? Thanks Cupcake

Great news! Thanks guys Cupcake

Thanks Colin So we are sure it is short but not sure that is enough to make it invalid? Cupcake

Thanks Alan But is this enough to make it defective? Cupcake

Thanks LA I was not overlimit until I missed payments I can't see anything in my CCA about overlimit being a breach. This is the link to my thread.... http://www.consumeractiongroup.co.uk/forum/general-debt-issues/195385-cupcake68-mint-ec.html Cupcake

Thanks Frettful Are these enough to make it defective? Cupcake

Thank you Cupcake

Thanks CB Do I have to send a fee with this letter? I take it in the meantime I complete the AOS to the court? Cupcake ps it is Northampton County Court bulk centre if that makes any difference?

Hi Guys Could I please haev your thoughts on this DN? EC Mint dnrec 240610 pictures by cupcake62 - Photobucket It doesn't have a date to pay by just says within 17 days starting the day after the date of this notice and it was sent by some other means then royal mail (not sure what the postmark is) I have scanned the envelope too. Also they are not asking for all the missing payment (I have missed the last 3 months) They are just asking for the amount that is above my credit limit?! Thank you Cupcake

Thanks DD But I have recieved the court papers this morning!! POC "The Claimant's claim against the defendant is for the amount due and unpaid as at today's date under a regulated running monthly credit account" I am assuming it is now too late to send that letter? Cupcake

Hi Beachcomber Now I see why everyone told me to cheer myself up by reading some other BC threads!!! You couldn't make it up it's so peculiar! Cupcake

Thanks so much! I couldn't have done it without you!! Cupcake ps can I email the court with an attachment ?

Template letter?!!! They need to send their secretary on an english language course!! So. Do I now send a copy of this letter to the court to advise them of the extension and leave it at that until they send info? What are they talking about they "look forward to hearing from you in due course"? Do I need to reply to them? Cupcake

Hi A letter has arrived today from Aplins...... "Further to our recent letter we are now issuing a Claim against you in the Northampton County Court and will be seekingto obtain a judgement against you for payment of the whole amount forthwith. This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt. We would like to make it quite clear to you that if we are successful in obtaining the Charging Order there is absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid. In the meantime, once we have obtained the Charging Order, we will be happy to accept payment at a rate which you can realistically afford." LOL What a shame! I was just about to offer to pay them £300 a month but now I'll just have to wait until they get the charging order!! LOL Cupcake

Hi Guys Thanks so much for the info. I have jut got home to a letter from Bryan Carter...... Thank you for your recent letter the contents have been noted. We do not consider that your request, in it's entirely (their mistake not mine!!), to be reasonable as we believe this matter should most properly (should that be probably?!!) be allocated to the small claims track. It was our Client's policy to issue agreements on or around the date of the contract and statements throughout the duration of the agreement. We confirm we have requested the necessary documentation from our Client and hope to revert to you shortly. We do require a further 28 day extension in order to obtain and file these documents. We consent to an extension of time to file the Defence being fourteen days from the date that documentation is sent. We look forward to hearing from you in due course. !!!!!!!!!!!!!!!!!!!!!!!!!!!! Cupcake ps I will remove the links thanks GH

Thank you I have found the n244 claim form but should i be waitng for them to comply? Did they have 7 working days from receiving my request or is it 7 straight days? Thanks Cupcake