Well i got my AQ in to the court yesterday and i felt relieved and thought i could forget about it all for a couple of days... Wrong! I got a copy of the submission from from Shoosmiths in the post this morning. They have not asked for mediation ( i have) and they have again asked for a stay of a month - in response to Question 1 A that asks if they want to attempt to settle the claim before the hearing. They have asked that it be put on Fast Track. They say their costs have been £500 so far and estimate their final costs to be £5000!!!!! They have attached Claimant's Draft Directions also. 1. Asks for allocation to Fast Track. 2. Says "Each party must by 4pm on the 1 March 2010 give to the other party standard disclosure by list with inspection seven days thereafter. It goes on with dates of further submissions etc to point six which asks for costs. Them asking for a stay again is pointless if they are only going to ask me to pay the whole amount at once again or £150 a month again. I just don't understand them at all. Why are they taking it this far rather than accept £20 a month from me?

Hi, the amount reffered to as outstanding on the first letter from Shoosmiths is different to the amount on the last ( second) default, yes. Ok, i have thought about it and i'm not going to enter anything into G then. As you say, the courts have already told me how manic they are at the moment and they will probably not look at my section G too much if i am only rambling on about "poor me look i have tried to pay" etc etc! As you say, the further it gets, then all will be revealed anyway. Really appreciate your advice on this - i know i keep saying it but it's all pretty scary and couldnt do it without the help form CAG! Oh and i have ticked mediation as yes too so it may go that way first anyhow. Although i am really hoping as a long shot that Shoosmiths have not checked whether their stay has been granted and that they don't get their AQ in!! But who knows... Off to the court then i go!

Morning! Well i need to get this AQ in to the court this morning as you know, i will leave here about 10.30 to take it in so I need to have it all done by then! Thanks again to both of you for your attention on this. Just to confirm Shadow that the amounts on both of the DN's I had have different amounts on them. Just to confirm also that i did have a statement of termination in a letter from Shoosmiths - just a line in the letter where they wrote to tell me they had the case now etc. That letter was dated 16 Oct 2009. So... Am i taking it now that you think it may be best to not put anything in area G as i am not asking to see anything? Or shall i just do a quick summary? It's just the bit where it says " set out any other information you consider will help the judge to manage or clarify the claim" etc. I just think that at the moment the judge is not aware at all that i have tried to come to an agreement many times etc... What do you think? Thank you as ever.

Ok i can't do this. I just can't write in the legal speak way and worried i am going to get it wrong! Help! So am i right in thinking i need to say: The claimant is relying on a DN that i have not seen. The claimant sent me two DN's dated 27 February 2009 and 05 May 2009 which did not give the required amount of time to remedy etc. I have made attempts to come to an agreement on a number of occasions with no success, including one occasion where i made an offer, it was refused, then accepted and then refused again. Is this it, as i am not requesting anything etc etc? Can you help me say all this in the right way please? Sorry for not being more helpful!

Ok, i am still not sure what exactly to put in section G but shall i have a go at writing something and then post it up so it can be looked at - for comments / ammends etc?

The Shadow - Just to confirm that i have not done a SAR. The default sums come to £100 in total. This is an area i am unclear on because i am not sure where / when / how they are supposed to claim for that correctly if not in the total outstanding. They do send me statements and the £100 ( 4 x £25) is in the total now, although they have on the last couple of Notices of Sums in Arrears shown that the Outstanding Default Sums are £100 on a seperate line at the top of the page.However then the closing account balance has them included. Just to confirm then that i do have a statement that shows the 4 x £25 going into the running total. It also shows the £1 a month that i was paying up until recently.

Have been having connection problems all day - just now got online and going to read your posts now... Just letting you know i am here! thank you for these! Will post again after i have read them.

Yes i think so. I have a copy of my cca and then the two Default Notices that i had. Is there anything else i would need to see at this time? Thanks

The application made by Shossmiths for a one month stay has been refused. Just spoke to the court and they said that it was refused. anyone know if this is common or why it may have been refused? So i will have to get that AQ in asap, really sorry for this urgency now citizenB but can you help me with section G please asap?

I have no idea where the date of the 18th came from, i had not thought about that they may have sent me one that i didnt get - good point... So if they did then that would have been the third one they sent me but can they prove i got it / that they sent it? My AQ is supposed to be in by this Thursday, i am going to call the Court again around midday today and see if the month stay request has been processed yet by any chance. The person i spoke to yesterday said that it probably wouldnt get done in time. So i will need to get it in still i think. I wonder if Shoosmiths have checked if their stay request has been processed? Would be interesting if it doesnt and i hand in my AQ and they don't!

Oh dear... oops, really sorry CitizenB . My silly mistake there. Thanks for pointing that out Shadow!

Thanks for your input Shadow. Just to say that they are stating they are using a default dated 18/05/2009 and the only one they sent me in May was dated 05/05/2009. I think they are possibly stalling too, shame they didnt do it a bit sooner though! As you previously mentioned though, the back log at the Court shows how busy the Courts are and this case being brought when a payment has been offered will not go in A&L's favour, i don't think? Hopefully Citizen will be along soon to give us his thoughts.

Help! Well the bad news is that i called the court today and they have not yet processed Shoosmiths' request for the one month stay. They said they have a massive back log and that i should send in the completed Allocation Questionnaire as it would really go against me if i don't and it is not stayed in time... So i am sorry for the now short notice but i really need help with filling in my section G please asap! I will have to take it into the Court in person on Weds / Thurs now...

Just to let you know, I have had a letter from Shoosmiths, saying that they have sent a letter to the court and have enclosed a copy for me. Their letter to the court reads : "We write in reference to the above ( Claim number etc) and further to correspondence from the Northampton County Court Bulk Centre advising us to complete and return our Allocation Questionnaire on or before the 21 January 2010. Please be advised that we are in the process of endeavouring to narrow some of the issues referred to in the Defendant's Defence and in the circumstances we would be obliged if you could grant a one month stay of proceedings. In the circumstances we do not intend to file our Allocation Questionnaire at this stage, however, we can assure the Court that no discourtesy is intended by this. We confirm that a copy of this letter has been served on the Defendant and look forward to hearing from you in due course." What on earth does "endeavouring to narrow " mean?! Anyway, i take it that i do nothing at the moment then, and i guess i will hear next from the Court?

Thank you!

Ok had a look through some of the posts, thanks. I have had a copy of my CCA from A&L a while ago when i cca'd them. Will tick that i want mediation and see where it takes us. When do you think would be a good time to request a copy of the other sides AQ? Just a reminder that i have to have this in by the 21 Jan, so when should i ask for theirs do you think? So it looks like i need a whole lot of help putting my " section G" submission together please....

Hi, it's a N149 that i've been sent - looking at the relevant posts now... Thanks.

Happy New Year everyone, may this year bring you what you hope for! Had a nice festive time thanks Citizen, managed to switch off quite a bit, hope you did to! So, i have had the Allocation Questionairre this morning from my local court. It has to be returned by the 21st January. I have heard nothing more from Shoosmiths yet. Thanks for your info loser4u - sorry that this is ongoing for you too though. Just think that Shoosmiths are the ones making money here... So, looking at the questionairre, am i right in thinking that the "other information" section is going to be the most important one to get right? Shall i say i want mediation? Just wondering if it would go in my favour? Afterall i am the one who has been trying to get this resolved...? What do you think?

Thanks Shadow, going to try and put it out of my mind for a couple of days now, baby's first Christmas and all, so i should make the most of it! Hope you have a lovely Christmas and sill surely speak again soon. All the best.

Hi, i've attached copies of the DN, the letter i had today and the Claim Form. Hope this helps, thanks. scan0001.pdf scan0002.pdf scan0003.pdf

Ugh. No i don't have any capital and they can search and search for any but i don't have any. The F&F offers have been made up of bits and bobs from all over the place ( relatives etc) that i am / would have to pay back but without interest etc. I thought that they may take the F&F offers as i have been successful with one of my other creditors this way ( M&S took 35% F&F in the end without too much hassle) Silly thing is that my last offer really was the very most i would be able to get together and that was that! I just wanted to try and resolve it out of court... Ok so they say the Dn they are using is 18/05/2009. They sent me one dated 05 May and this said " Action required to remedy: Payment of the overdue arrears of £xxxx.xx before the 19 May 2009. I can only think that they are reffering to the 18th as this is before the 19th? So if this is wrong and they are basing their case on this DN which doesnt exist then how far can they get in court?! I can't see any mention of judgement interest at compund rates on the default notice. I am going to have a read up on here about the Allocation Questionairre. Thanks.

Well they are going to continue. Had a letter from them today saying that they have asked the claim to be transferred to my local County Court to continue. Really upset actually as i was hoping they were going to either see sense and come to an agreement or let it be stayed. I just don't get why they are going ahead with this - i mean what judge is going to award them more than £20 a month? I just can't understand it, my husband thinks that they are after the house as it is in both of our names? I know it would be a way down the line before they could try to do that. Or is it that they can see that my husband has a job again and think that he can pay it or something? He can't. Anyway, he has nothing to do with this debt. I just can't figure them out and what the outcome will be or what they are hoping for. So, what do i need to do next? Do i wait for a court date? What is the next step of my defence? Must admit i am sick at the thought of standing in court about this but i am so annoyed with them too that i really want to see what the court says. Thanks

Thanks again to you both, as ever! I will let you know of any developments. All the best.

Hello everyone and Merry Christmas to you! Just to give you a quick update on my case. I sent the letter as per above by Recorded post but after a few days the Royal Mail still said it was "in the system". I figured chances are that they did get it but to be safe i sent them another copy, this time by Special on Friday. Just for my piece of mind that they did get it. So, i have had no response at all and the court has had no notification from them how they wish to proceed ( i checked this morning). They have until the 29th to do so. I wonder if they will? If they don't and it is stayed, what does that mean for me? Can they keep chasing me for the debt or come back to me and say ok yes we accept the £20 a month or is that it and it's over??? Would be a nice Christmas present if it gets stayed.. not got the most presents under the tree this year as you can imagine! Thanks

Thanks, i think i am not going to include it as i think it is pretty obvious that i owe the money... So, i am writing a letter ( no w/p) outlining all my offers and their rejections / counter offers etc, saying and showing that i have been willing to reach an agreement etc. I will also be including your statement in post 90 The Shadow - really appreciate that, totally right!! They are wasting time! £20 a month is a huge amount for me and i offered this much in the hope of resolving this and i know it is probably more than a judge would award them if i had just gone down the admission route... Thanks again - i will be sending this in the post ( recorded as usual) tomorrow so will let you know of any developments.