And girl

Sorry dd but a bit busy with a very ill husband to reply but I am in East Sussex, just down the road from you

I will be doing CB Oh yes indeed Maybe they would like a ban for LIP's to all legal help?

Thanks diddydicky I am writing to Eversheds inviting them to withdraw today but I am probably going to apply for the Strike Out tomorrow anyway. Thank you.

The postie brought me a letter from Drydens again today, the two pages are here; http://i645.photobucket.com/albums/uu180/stleonards_2009/DrydensNovember1210001.jpg http://i645.photobucket.com/albums/uu180/stleonards_2009/DrydensNovember1210002.jpg and with it came another illegible/unreadable copy of the alleged Credit Agreement and copies of letters sent to me previously. Drydens don't seem to like me using these forums very much, they keep on about them every time they write to me now and they seem to like threatening me also Thanks again.

Thanks CB I am on it now. That post by banker rhymes with is brilliant I have bookmarked for future reference.

Hi again, I couldn't afford to apply for a Strike Out in this case so I had to let it roll on, I have received a General form of judgement or order from the Court which allows the claim to be stayed. It also states "Liberty to apply" in the IT IS ORDERED THAT section? The letter is here; http://i645.photobucket.com/albums/uu180/stleonards_2009/CourtNationwideNovember0001.jpg As I now have the money should I apply for a Strike Out? Thank you.

Hi, I have received a Notice of Allocation to the Small Claims Track (Hearing) for this case, the Judge has ordered that "The original documents shall be brought to the hearing." so I shall just have to wait until January to finally see them. The letter is here; http://i645.photobucket.com/albums/uu180/stleonards_2009/courtsygmaNovember0001.jpg Thanks again.

Thanks for all this I have been working all weekend and from 6am this morning, but now I have half a day to take up the battle again. Thanks again.

Howard Cohen & Co are lower than the third button down on a snakes waistcoat, they are gutless bullies.

I came home from work to this reply from Eversheds; Dear Madam Nationwide Building Society -v- Ms XXXXXX XXXXXX Claim Number: XXXXXXXX We acknowledge receipt of your letter received by email on 27 October 2009. As you have refused to agree a stay of this matter, we have written to them court asking them to order a stay, expressing our belief that a stay in the proceedings would be of assistance in narrowing the issues between the parties. We have informed the Court of your objections and provided them with a copy of your letter. In relation to the further issues raised within your letter, we can confirm the our client’s position remains that the Default Notice served upon you is valid and lawful. We continue to believe that our client has a strong case and more than a reasonable prospect of success should the matter proceed to a final hearing. Your defence seems to rely on minor technical breaches which are denied, but in any event would have caused you no substantive prejudice and would not prevent the Court from giving judgment in favour of our client. For this reason we believe a strike out application would be bound to fail and would be an unnecessary and unreasonable application to make, increasing costs for both you and our client. We appreciate that you do not have legal representation in relation to this matter and would strongly urge you to seek independent legal before proceedings with any application for strike out and/or summary judgment. In the event that you continue with such an application our client will be forced to incur costs in defending it and attending a hearing. Please be aware that we will seek to recover those costs from you in the event we are successful. We anticipate our costs in defending such an application would be in the region of £2,500. Yours faithfully, Any thoughts anyone? I will get my Strike out application to the Court on Monday when I have a day off work.

Thanks for the advice but after a 13 hour day at work I really couldn't find very much relevant using the search function, probably just me being dense. I have replied to Eversheds objecting to the Stay with whatever I could think of, the response had to be back with them by 1pm tomorrow and I start work again at 7am in the morning. I will start reading again tomorrow for the strike out application. Thanks again.

OK Thanks all (and CB of course) I will take the advice given happily! I have to go to work now but shall endeavour to compile letters when I return tonight (any links to examples gratefully accepted).

Hi, I just received this from Eversheds by email; Dear Madam Nationwide Building Society -v- XXXXXX XXXXXX Claim Number: XXXXXXXX We confirm that we now act for the Nationwide Building Society in the above matter. We note that the agreed stay in proceedings is due to come to an end on 28 October 2009. The Court must be notified by this date of the outcome of that stay. We propose that the proceedings be stayed for a further 7 weeks. We consider that a stay would be prudent in light of the numerous test cases currently progressing through the Mercantile Court in Manchester which deal with many of the same issues as the above matter and are due to be heard on 30 November 2009. The test cases deal with a number of issues relevant to our client’s claim, including: 1.Whether a copy agreement given under section 78(1) must have the quality of a photocopy or may the copy be a reproduction; 2.Whether, if there is a breach of section 78(1), a declaration to that effect is appropriate; 3.Whether the document signed by the debtor contains the prescribed terms if they are on a separate sheet attached to or supplied with the piece of paper signed by the debtor; and The outcome of the test cases will be of direct relevance to this matter as we consider it would save the time and costs of both yourself and our client if the above matter were to be heard with the benefit of the outcome of the current cases and their rulings on some of the common points at issue. Please would you confirm whether you have any objection to the proposed stay. In the meantime we would like to draw your attention to the recent High Court ruling in the case of McGuffrick -v- Royal Bank of Scotland [2009] EWHC 2386 (Comm). The Court found that the bank’s right to be paid and the debtor’s obligation to pay continues while the bank is not entitled to enforce the credit agreement by virtue of Section 77(4) Consumer Credit Act 1974, and that reporting non-payment and other information to credit reference agencies is not enforcement. This case demonstrates that in the event that the agreement between yourself and our client was unenforceable, which is denied, your obligation to pay would continue and our client remains entitled to report the non-payment of your debt to credit reference agencies. We look forward to hearing from you as a matter of urgency in relation to the proposed stay. Please contact our xxxxx xxxxx on 0845 497 7745 or xxxxxxxxxx@eversheds.com, by 1.00pm 28 October 2009. We would be grateful if you would direct any correspondence in this matter to our Nottingham address (noted below) until 1 November, after which our Cardiff office (detailed on the Notice dated 15 October) will be dealing with the matter. Yours faithfully, Eversheds LLP Surely this stay is not in my favour? Should I object? I have presented everything asked of me on time and they now want to wait seven weeks to see if they can gain an advantage...

OK, Thanks for the confirmation CB :) I await the next round...

Hi again, I think Shoosmiths haven given up on their mediation lessons. I came home yesterday to find this letter from Eversheds http://i645.photobucket.com/albums/uu180/stleonards_2009/eversheds0001.jpg http://i645.photobucket.com/albums/uu180/stleonards_2009/eversheds0002.jpg They apparently have now been instructed to act for the Claimant in place of Shoosmiths. Does this affect what is going on at present? Do I need to do anything about it? Thanks.

Just a quick update, I returned the N149 in this case to the Court today with a Draft Order for Directions and the Section G - other information letter. Will wait and see how my DJ responds to this one (my third case at this Court ongoing at the moment).

Thanks Docman I thought that would be the answer, I was just clutching at straws in reality , recorded delivery in the morning it is then. Thank you.

:D I have another question for all you knowledgeable people Do I need to send a copy of this defence to the claimants as a courtesy as well? I will if needs be but I must admit it irritates me to spend money on recorded and special delivery when they just reply by second class post, if and when they can be bothered. Thanks again.

Hi again, After catastrophic computer failure over the last five days involving three re-installations of Windows and eventually a new laptop hard drive I have managed to get back here and complete this defence ready for the Court tomorrow :) phew! I will post the defence up when I have removed the personal details from it, but my nerves are too jangled to do so at the moment Thanks for all the help.

Thanks so much CB Andy Shadow Will get to work on it today and post up when done. I am off to the Court at midday as well to see if I can get a better answer about what happened to my Directions face to face. Thanks again everyone

I don't know Andy?? not always easy to get sense on the phone, I did explain the situation and the clerk left me on hold for fifteen minutes and came back with that answer, I guess my Judge is not a fan of LIP's

Thanks CB and S I couldn't get to the Court today due to work, but I did ring them and the answer I got was that the Judge had made his ruling and it was up to me to comply with it, or not.... Soooo.... This defence is looking good to me :)

Thanks for the input DM I forgot to thank you in the confusion yesterday

Closed for counter service when I got there and the telephone isn't being answered at the moment (nearly closing time) I will go again after work tomorrow.