I don't want oilyrag to leave, I have enjoyed their posts. United we stand, Divided we fall.

For the CPR 31.14 Request, just list the documents you require. You might like to remind them that the claim has not yet been allocated to a track so Part 31 of the Civil Procedure Rules apply. Tell them they need to supply them within 7 days or at least before you need to file your full defence. I would send it Special Delivery not Recorded. Recorded doesn't always get you any proof of delivery (neither does Special these days - Salute to Royal Mail - LOL!) but Special is usually better. Yes your query isn't straight forward as most. I was thinking maybe this is some BBC reporter or tv show seeing what sort of "advice" forums give to people... LOL! Even though there are multiple things in this claim you can treat them seperately regarding what you are going to admit and what you will defend. Hopefully you can get all the information you need to decide before it gets allocated to a track. Don't rely on any comments on this forum as "advice". You need to absorb as much as you can and make your own decisions. You also need to accept responsibility for them. I wont in a million years beat the drum for the banks. You need as much info as you can get to decide how to go forward. Maybe you can claim abuse of process with regards to the claim for an account with a zero balance and costs! LOL!

I know they don't record them "yet". I don't doubt for one minute though that they don't want to and they are probably planning on what member of the House of Lords to, shall we say, "employ", this time to put their case forward in this respect. To help trace debtors perhaps? Maybe they want to start debtorsreunited.com to help reunite debtors with their debts! LOL It is probably only a matter of time before the marriage database is sold, like the electoral roll, DVLA, etc. Their business is about information and they they will want *everything* they can get their hands on! They will never stop!

Do you have copies of the agreements still? Does it say they are governed by Dubai Law? Most contracts state what law is to be used. You talk about enforcement. Do they have a judgment in Dubai against you? If not, do they know your address here? I know nothing about Dubai law and how they'd have to serve you if they proceeded against you or even if they have to proceed against you to get a judgment for this sort of thing. In the UK you have to seek the Court's permission to serve out of Jurisdiction in proceedings and prove the defendant was so served. If the contract is governed by Dubai law then you'd defend that the court didn't have jurisdiction if anyone tried to bring proceedings here. Ask a solicitor for a free consultation if you are worred.

I have never heard of a creditor suing out of jurisdiction. It is not going to be worth their while, especially if you have no house anywhere for them to get a charge against! The legal costs and trying to enforce any judgment would make it a waste of time. They simply wouldn't bother if you can just change address at will. LOL The one thing they might do is assign/sell it to a UK based Debt Collection Agency and have them bugger you (not literally!). They never sue unless they can put a Charging Order on a house or you are in a stable job in which a CCJ would cause you problems.

The Credit Reference Agency will only show a "Financial Association" if you have applied for joint credit or have joint credit e.g. a joint current account, a joint personal loan, a joint mortgage/secured loan or any applications for such/similar. You mention a "utility" might be in joint names. This is unusual. I know cable and british gas can report to credit agencies, plus others on default... Council Tax can be in joint names but they don't report financial associations, "yet". If you want to be certain why not apply for a copies of your credit file, this will show if any Financial Associations are there? It is free for a period with the main ones, Equifax and Experian. Just that fact of being married wont create one on the Credit Reference Agency file. Maybe one day they will show marriages... I believe Experian now records deaths. Hope this helps

So can you confirm that they are claiming for, 2 accounts or 3? One part of the claim is for a current account overdraft the other a personal loan? The reserve account being some sort of savings account that they have taken 47p out of to offset against the current account overdraft maybe? Overdrafts are harder to defend... For the personal loan though get your 31.14 off and request a copy of the agreement and default notice. Do you have a copy of the default notice? Your situation is not as straight forward as most seeing as you have admitted part of the claim and the claim has multiple accounts. It is like someone is testing us on the forum! LOL The creditors only seem to sue people who have a house these days, I suppose there is no point suing otherwise seeing how lenient the bankruptcy laws are. Maybe this is a taste of things to come, putting multiple claims in one so that one sticks? I am not versed on overdraft stuff or multiple claims in one.... I think I would gather as much info on the loan agreement using CPR 31.14 and maybe a Subject Access Request under the Data Protection Act then decide how to proceed. Maybe that will show up something that can be used as leverage in settling it all. That would be my goal anyway, finding some way to settle it with a payment plan and hopefully getting them to stop the proceedings so you don't get a CCJ. Is it imperitive you don't get a CCJ? Your credit file is probably shot anyway for 6 years with the defaults etc.

Once it is allocated to the small claims track you can't use Part 31; CPR 31.1(2) This Part applies to all claims except a claim on the small claims track. You can still use Part 18 though, maybe that can help. PART 18 - FURTHER INFORMATION - Ministry of Justice

They won't be able to claim any costs for their dodgy charging order proceedings. You could have probably tried to get costs off them! (or maybe your dad could have) Too late now though I think. If you want to put your mind at rest you can always apply for a "varied order" and pay what you can afford. If you are on benefits the court will probably waive the fee for the application too. You could pay say £1 a week or something. Maybe something to consider... Her Majesty's Courts Service -Forms and Guidance

Why not try and get that barrister? Or at least the skeleton argument from the cagger if you are going it aone.

Maybe they withdrew the Charging Order proceedings because it's his parents house! They cannot get a charging order on a property you don't own! LOL or did I miss something? You're not on the mortgage or registered as owning the property are you Insomniak? Does your dad have the same initial or something? Or maybe an unregistered property so they went in blind....

We need more info to help you with this. Can you confirm what all the accounts were and when they were opened i.e. if before April 2007 - Credit Card/Loan/Overdraft etc? We also need to know what you are trying to achieve by defending the claim - as per each account.

If you admit part of the claim and don't pay it in full within a month you will get a CCJ on your credit file that will stay for 6 years. You can read the Civil Procedure Rules here, you want Part 18 and Part 31. CPR - Rules and Directions - Ministry of Justice What do you mean when you say "I have to send off the other forms today"? You might want to read this new thread which should help you: http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

I always thought "respect" had to be earned... I suppose we shouldn't stoop to other's levels though. I, like most people these days, get angry when a someone receives a huge public sector salary and a future huge public sector pension then treats the very public funding it with no respect. All but one of my hearings at the CC have taken place informally around a table in the Judge's chambers. It must have been intimidating enough for an LiP to have to conduct his case in open court, go in the witness box etc and before all that to get such distasteful remarks before even presenting their case. It sounds more like a criminal trial rather a civil contractual dispute. If you were say a shipping company from a country on the other side of the world or any sort of corporate entity disputing a contract in the Court you wouldn't be treated like that!

LOL - Judge Judy!

I have read it all. I think you handled yourself really well at trial for a LiP and stood up for yourself! I am not sure you did yourself any favours though by not disclosing the document in advance. The burden of proof should have been on the Claimant and they seem to have discounted the document you showed in anycase... In saying that, they were just as iffy about the whole assignment thing. I might have gone for an adjournment at that stage. Do they have the right to sue just on the basis of equitable assignment? I am not sure just substituting the claimant gives them the right, they need to be the creditor to sue surely? I suppose you could go with the fact they were just as bad not having proof they were the creditor and had the right to sue. If you are definately going down the Appeal route - are we sure a CCJ counts as "enforcement"? You never know with these Judges in the Higher Courts... Maybe the correct course of action is for an injunction against them enforcing the CCJ? I will leave that to the Barrister! Make sure you pick one with indepth knowledge of the CCA.

When the Judge said: "we have here a defendant who took out a credit card, used the credit and is now trying to take technical points in order to wriggle out of his debt." Am I the only one who's mouth opened wide? My God the defendant hadn't even said a word yet!! Shocking!

I think it's the trial transcript he has and he's still waiting for the judgment.

I look forward to reading it too. You said it was a Circuit Judge and not a Disctrict Judge, which is why I guess nobody else here has had to go to the Court of Appeal. Why would a CJ hear a small claim anyway? Don't they have more important stuff to deal with? Make sure you complain! It's time for us to stand up to this.

Make sure you send a complaint to the Ministry of Justice and send them the transcript. We are paying through our teeth for the salaries and pensions of these so called "civil servants". Do you object to media attention in this matter?

I consider myself more than competent and I have a degree in law. I have studied the CCA for years. I also have the shameful past of working for a credit card company for 10 years - so I know a little bit of what goes on behind closed doors. (I even got to deal with my own letters requesting a credit limit increase on my own account - fun) From past experience I would never in a million years act as LiP against the banks. Not just from the view of law but from the threat to the other side of having to pay a pros costs, that representation brings. Being taken seriously at a trial also helps. Not that is gets to trial most of the time if you have proper representation.

There are cases were they will send the AQ anyway, even when there is a holding defence and applications waiting to be heard. I suppose you could return it not selecting a track and stating you cannot decide until the application is heard. Also, one of the problems coming up nowdays is that the creditors are saying an Agreement *was* signed even though they don't have it. They will use hearsay evidence at trial to (try to) prove an agreement *was* signed on the basis that the credit facilities wouldn't be granted if they didn't and it was their normal procedure yadda yadda. Including a WS from Marge from the application processing department etc. Do you think you could get a strike out on that? From some of the posts it seems to go to trial... Is a positively pleaded WS from the defendant that they didn't sign an agreement with the prescribed terms enough to get it kicked out at summary on a hearsay from the claimant? I am guessing fastrack would be best in such cases but even then if you end up at trial the LiP isn't taken seriously about 50% of the time and they cannot afford £10,000 to appeal it.

Let's say it gets to allocation stage and the amount is under £5000.00. Would it always be best to tick for the small claims track? (1) In a case where they haven't come up with an original agreement (yet); (2) In a case where they admit there is no original agreement available anymore; (3) In a case where the agreement they have come up with is unenforceable.

I had a look at some of the CMC sites. It made me cringe that some of them wanted 30% of what was written off as well as their fees! You could probably get a DCA to accept full and final settlement for 30% of the amount outstanding! Yikes!

If you managed to get a copy of the agreement and it was clearly unenforceable do you think you should go for summary judgment or leave it for the trial?