thanks for that supa the title looks great now,a donation will be on its way very soon, cheers, also thanks M&M for your help it was very much appreciated thank you,

yeh i wasnt bothered about the costs just wanted it out the way, thx for that i'll keep the letter under my pillow lol.

#consent

hi M, the condent order was attached, 1) the proceedings in this matter be discontinued 2) there will be no order for costs

recieved a letter from my local court today saying, IT IS ORDERED THAT the order be as the consent filed, a copy annexed hereto. what does that mean? thx

thx for the quick reply supa, will do it first thing tomorrow.

thx M, yesterday i recieved an allocation questionnaire from the court, does this make any difference to the situation?

will do, thanks

to be honest super its cost me nothing really,i'm finding it hard to believe that they didnt want to take me to court at least, it all seems too good to be true, maybe i'll wake up soon lol

thx again, terms and conditions sounds ominous, on the consent order it says 1) the proceedings in this matter be discontinued 2) there will be no order for costs

thx for that super, but i received a letter from restons today as follows, MBNA V YOURSELF we write in respect of the above matter. our client has requested that we discontinue the proceedings against you. please find attached a consent order we require you to sign to confirm that you agree to the proceedings being discontinued. we would be gratefull if you could sign and return within he next 7 days. what excatly does this mean please?

hi, just an update as ive been away for a few weeks, after sending in my embarrassed defence i received a letter from the court dated 29/12/09 saying that they acknowledge receipt of my defence and a copy is being served on the claimant,the claimant may then contact me to try to resolve the dispute if it cant be resolved they should inform the court that they wish to proceed, if they wish to proceed they should inform the court within 28 days after receiving my defence, after this period has elapsed the claim will be stayed, i havnt heard anything as yet so do i continue to wait?

just subbing, gl blue

all done and sent off, do i just sit back and wait now for something to happen? thx M and a happy new year to you too.

thanks M i greatly appreciate your help, will be sending this on line first thing tomorrow, once again thanks mate,

also do you think i should add this? The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the XX December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence.

ok, i'm ready to send my embarressed defence since i have had no reply from restons,i have used the one that M told me to have a look at, i have two questions guys, 1) shall i omitt 'e' from the defence (i dont understand what this bit means, 2) does it look ok to send, thanks, chippo, in the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and xxxxxxxxxxxx- Defendant Defence 1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx 2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form. e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form. 4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof 5. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim Statement of Truth I xxxxxxxxxxx, believe the above statement to be true and factual Signed ..................... Date County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

thx, if i submit on-line do i use the same password and process as i did when i acknowleged the service, (sorry for being thick)

nice 1 M, so how long do i give mbna to respond to the cpr's before i send in my holding defence, my defence has to be in by the 30th dec, thx for the help i really appreciate it.

is there a template available for a holding defence? or do i need to get one together, i think my 33 days runs out on 30th december.

how long do i need to wait for a response from the other side before i have to send in a holding defence please ?

lol @ M,,,,,am i right in saying that i have untill 30/12/09 to get my defence in ? and does the same apply to an holding defence

both done ready to send tomoz, thx all.

thx M, is it ok to leave #2 and 3 in if they wasnt mentioned in the poc ? thx

could someone please have a look and advise,