OK. So you acknowedged in time but a defence should have been submitted by 11th November Await guidance on set aside but unsure what your grounds would be. Mike

Hi big1636, I'm confused. Your thread title is ".................defence deadline 25th Nov". Where did that date come from? Your 1st post relating to this is 20th November!. When were the POCs dated? Did you acknowledge the claim? If so did you tick "Defend all"? Not sure what you can do yet. Need one of the legals to pop in. Mike

Their POC certainly makes reference to "a contract" therefore I think you were correct to ask for it. Have you ever sent them a CCA request out of interest? Mike

Hi Mary, I don't agree with you in that they are taking a "hardline approach". They have already offered to settle by way of a consent order and my view is that this is anything but hardline. This is a 2010 loan (online I think you said) so it's highly unlikely that you'll be able to make any case due to unenforceablity of the agreement. The DN is only a minor point also IMO. So unsure how or what you are going to defend. You asked earlier in the thread what would be the likely outcome if you lost this. Well, they'll be awarded the full amount plus some costs, you'll probably be given the month to pay it then you'll likely ask/apply for a variation, submit an I&E to the court stating what you can afford per month, and there's a high likelihood that it will be accepted by the court. End of! Well, almost. If you own your property they will likely apply for a CO to protect their cash and there's a good chance they'll get it. The alternative IF you think you cannot win this is to take them up on their offer to go the consent/Tomlin route. It doesn't stop you from negotiating the amount outstanding, and it doesn't mean having to agree to a level of monthly repayment that you cannot afford. It does stop you from getting a CCJ though! The simple way to do this is to make contact (by e-mail). Head it 'without prejudice, save as to costs'. The information divulged in your e-mail cannot be used against you throughout the case, but if your negotiations do fail then this correspondance can be produced and considered when it comes to the matter of awarding costs when the case is concluded. Costs shouldn't be too much of an issue as costs are limited in the SCT. You do not have to wait for the mediation process to kick in. You can negotiate from now and right up until the point that you reach the door of the court pretty much. If you were to start the ball rolling along the lines of "Your claim is for X amount, however you have not considered Y which should reduce your claim to Z" this could take into account whatever figure/reasons you feel you are paying too much. (your counter claim). With regards to the level of monthly payment you offer I think you would be surprised at how low a monthly amount some of these companies will accept in order to settle. I'm pretty sure (without looking back) that you said they had sent you an I&E, but if you're not happy with theirs (too little detail etc) then use the one that the courts use. The advantage is that you have shown your hand on what you can pay per month and when you ask for time to pay (assuming you proceed to court and lose) it's likely that's what the court will use to establish your level of repayment. So, even if the negotiations go belly up there's nothing lost apart from getting a CCJ (and a possible CO looming if this applies). IF they accept now then you'll avoid the CCJ/CO provided you maintain the repayments. When you do your I&E don't think of it in terms of 'what if I do it over 5 years or 10 years'. Your I&E should be based only on what you can afford per month. So if that means they'll be getting a small amount for the next 30 years then so be it. The trick is never to fail on the repayments detailed on the schedule that you agree with them. Or they will then go back to court and judgement will be given. So by default you will be accepting that the agreed amount is due by agreeing to the consent order. End of. You cannot argue this again later. I'm not suggesting that you do any of the above, simply answering your question of "what happens next" which you seem to have asked a few times so hopefully this gives you a clue. I have been to court and won, I've also been to court and lost, I've also used the above route and when it's all done and dusted it certainly feels like a win. Probably because I've avoided the stress and worry that comes with having to go to court . Final choice is yours to make but the only advice I would give you is that if you feel in your heart of hearts that losing is a likely scenario then try and adapt the above route as a means of escape which still leaves you in control. Hope this helps. Mike.

tail of it all before publication....

with his hammerhead friend and Spongebob.....

and into the Blue Lagoon of......

and tropical islands and Captain Cook.......

Correct. NOBODY needs a licence to knock on someones door.

expanded upward and gave him vertigo.......

Sounds a bit fishy. On that basis they could just keep re-selling it with each new 'collector' adding their bit. I'm not too sure that they can just change who you pay it to as you have an agreement lodged with the court stating who you pay and how much. Surely if they change the company you pay then they would need to vary the order! I'm not sure myself. However, hopefully AndyO or one of the other more knowledgeable guys will comment as I'm not sure. Mike

Hi. Does your TO make any refernce to interest? AFAIK they cannot add anything to the figure agreed on the TO. Have you raised this with the Sols? Would be interesting to know their view on this but my TO is very clear in that it states the amount agreed in settlement and no further costs to be added. Mike

Fingers crossed that means "never"

of the boys in Company C..........................

Hi Dotty. Cannot put the info on here as it's a TO but will PM. Nice to see you're still around...........and still getting good results! Mike

Maybe I'm getting soft in my old age. Pleased with the outcome though. Mike

Hi all, Well, the DQ came - attached to it was a reconstituted agreement, a signature box supposedly related to the reconstituted agreement, all the T & C's from start to finish of the life of the card, a copy of the DN (same as mine) and statements covering the latter part of the life of the card up until it was sold on. This was followed by the court form from Northampton agreeing to the extra month to mediate (we both ticked the box). Now, I didn't really fancy my chances with this one to be honest. Yes, I could have gone down the route of arguing the agreement and HOPED that the original did not make an appearance. And yes, I could have argued till the cows came home that my DN was a couple of days short (a valid argument but one that so easily could be lost in court). But that's a lot of work and time to put in, plus being fast track I would have been exposing myself to a huge risk on costs. And when I sat back and looked at the paperwork I may well have found it hard to argue against the fact that it was indeed my card and that I did indeed spend that credit (happy days lol). So I used the month to start the ball rolling with mediation, offered to go the Tomlin route and made a silly monthly offer. To my amazement, after completing an I & E, they accepted my offer. So, no CCJ, no CO and a repayment plan that extends to well beyond my life on this earth. And all that stress has gone away!! I know this option is not for everyone but it does show that despite the agression and posturing often shown by DCAs and their pet Sols, they don't all REALLY want to end up in court. This was the biggest one I had left outstanding and my remaining debts are now 'small claims' (thanks to the revised £10k limit) so for those that are left the costs issue is their issue, not such a risk for me. So, all in all it wasn't an ideal conclusion but it's certainly one that, on reflection, I'm happy with . I hope this helps others. Mike

wearing a full metal jacket with.........

to anyone with missing screws and........

Handy Andy and his MDF friends.....

And do not pay any of these muppets by D/D. Set up Standing Order through your internet banking

they were changing rooms at every.......

LOL. He's a busy boy.

What you'll find this lot most likely do is fob you off and sit back until it's time to submit the AQ/DQ. Then attached to their copy of the AQ will be all the info required (as they see it) to stump your defence [a copy of an agreement, some Ts & Cs, some statements showing useage of the account etc). Pretty sure they do this in the hope that the sudden glut of information very 'last minute' will force you to throw the towel in. Going back to CBs question above do you have statements in your possession which show either PPI or unlawful charges added to the account? Is there enough info to assess what the account should/could be reduced by? I'm just trying to think ahead slightly - IF they come up with the info relevant to your defence, and IF that info may be adequate to satisfy a DJ that you owe the money, and IF you reach a point where it would be more feasible to negotiate your way out rather than risk ending up with a CCJ, then you need to have figures in mind to throw at them. AK have owned my MBNA account for a couple of years now and after god knows how many "offer" letters I've had from them they've eventually opted for the court route. I'm quite sure that there's issues with the account or they wouldn't have left it so long, neither would they have offered such huge discounts. But, reading through the docs that turned up attached to the AQ I'd have to admit that if I were the DJ in my case I would, on the balance of probability, agree that I owed the money. Mine isn't in SC track so I could be subjected to some huge costs if I continue to fight it and lose. You have an advantage there as your value is lower and in SC track. Which makes them vulnerable as AK will know this and probably not want a fight as they'll still have to pay the Sols whatever the court may or may not award in costs. Which won't be much in SCT. There are plenty of defences on this forum that you could adapt to suit your situation, but be prepared for the info to magically appear by the time AQs go in. Who are the Sols? Is it HL? Mike

or stamping on worms that only.....