Hi Robin, Have seen something on here about sending the bailiffs in following the court enforcement process. I believe there is a form to use and a fee to pay (check with the court office) which will be added to the money you are trying to recover. Before taking this step, it will be prudent to check the company's public accounts (if available) before investing any more money chasing them. Hope this helps. atom

xx

Thanks - will draft a letter and get it into court 1st thing on Monday morning.

Hi Vint, Thanks for your comments on this - was wondering whether to simply ignore them but I think there is some merit in pointing out/interrogating as you have suggested. Apparently, they no longer have the originals because they normally microfitch and dispose of originals! Contracts date from 2005 so disposing of originals is a little premature since they now want to enforce. So far, they have submitted another set of docs clearly altered with handwritten comments. The new copies do not have these but parts such as my details have been filled in by some fairy in their archives. Will follow yours & em's advice Thanks, atom

Thank you so much...they sent this to me directly and haven't accompanied it with any 'notice of permission to adduce' (I saw how this may be used somewhere else on this forum) and have also failed to even provide a copy of the regulated agreement they have pleaded. I think I just started to panic when I saw this. Of course the judge has said I should only file a defence provided they have complied with his order which they haven't. So I presume I should write to the court and ask for further directions or strike out? Any point in going into any dialogue with claimant's solicitors? They've made a point of ignoring most correspondence from my CPR 18 to 31:14. thanks as always, atom

I now have a thread running on this with as much as I am reasonably able to post at the moment: http://www.consumeractiongroup.co.uk/forum/legal-issues/257857-contract-fallout-cowboys-please.html The OP has now disclosed more legible copies of the contracts as directed by the judge's order but has not provided 'all' contracts and variations as per the same judge's order, so has only partially complied. Then the OP's solicitors have admitted to not having the originals anymore. The signature on the copies look like they could be mine but elements of it have been doctored to make them look like separate contracts when in fact there was only one contract for provision of many items. Their approach will allow them to try to seek payment on the parts of the contract that have been fulfilled when in fact it is not a 'severable contract'. Question for me is do I have a solid basis for insisting on seeing the original and if not able to be available for inspection, going for strike out and judgment on my counterclaim? Comments appreciated, please. atom

post nolonger required

xx

Thank you for all your comments ... it doth become clearer!

so it is a lottery then? I thought there might be a logical number of likely sanctions...

Hi PT, This is interesting...what happens if the OP fails/refuses to comply with an 'unless order' or a judge's order to produce documents before the rest of the claim can continue? Would the correct approach be to apply for strike out, or would this be done automatically? Also, if struck out, what happens to any counterclaim that may be possible? Your guidance will be greatly appreciated. atom

Hi robin - a big congratulations, it's all you deserve after all the tenacity and hardwork. I am still researching my position b4 I take a decisive step...

Thanks for that CitB. Hopefully, I haven't compromised my application - this is for a cpr 31:14 request (I haven't got a thread running on it as just looking for guidance on this one issue). 1st request was via a cpr 18 for a host of information, including disclosure of documents on which part of claim was based back in Dec and the Claimant failed to respond, stating it can be dealt with during disclosure. With a directions/allocation hearing coming up after a 3 month stay ending 26/03 during which nothing happened i.e. Claimant did nothing to resolve issues after requesting stay specifically for that purpose, I sent a reminder on 22/03 by email 1st thing in the morning and a cpr 31:14 on 29/03 for specific paragraphs in the part 18 request to be complied with under 31:14 by 5th April obviously not realising it will be a bank holiday. With no response to anything since 22/03 reminder, I made an application today to strike out part of Claimant's case unless request is complied with by 22/04. mmh!

I wonder - does anyone know whether the timescales given should be 7 calendar days, including bank holidays or working days?

I haven't been back on here for a little while. I am reading through all the posts that I can find to figure out how I begin the process of setting judgment aside and what is required together with the application n244. Any help on this will be much appreciated.

I have removed the draft cpr request on post #21. If anyone who's reading is interested to see it, please let me know by return and I will re-post an updated copy. atom

Phew!!! Thanks for that, I feel better already, dare I say ... I'll spend the weekend to research further and then take it from there. Best, atom

Hi Robin, Thank you so much. I have actually been having a read of your thread and it seems quite complex but there may be some similarities in our cases. It appears a default judgment was entered in my case either cos the Northants BPC does this automatically or the DCA asked for it even though they had an Admission & a request for time to pay. I guess in the latter case, the DCA had a duty to inform the court. I am trying to get the records from the court to establish which scenario occurred. I will be back in the UK for an extended period (about 8 months) in about a month's time so I should probably press ahead and try to do as much as possible in advance and while I am there. Will keep following your case too. atom

Thank you for your input folks. Bazaar, you are right and I fear I have lost too much sleep over the whole mess in the last two years. So when I came for a holiday last Sept. I decided to start undoing the mess and that's how I found this site. I am in a situation whereby there's the likelihood I will relocate back here in a month or so, or sell my property. Either way, with these vultures circling, I have to do something. atom

Hi RWR, Thanks for looking in. Basically, it is 'yes' to all the questions - unbelievably and my ignorance of my rights got the better of me Essentially, this is the sequence of events: 1) Going through a rough patch and mbna offered a f&f but i couldn't raise the funds to pay it 2) About 4 months later, had some money, called them and they basically said 'call link' 3) I did call link who rejected any offers and instead asked me to sign away my house by way of a consent form. Of course, I refused but asked for their bank details so that I could make payments - they refused to give it to me. 4) I contacted CCCS and ultimately then fell into the clutches of a DMC who wanted me to pay them a fee to manage contact with all my creditors, only their fee was higher than any of the monthly payments they advised I make to each creditor. This didn't seem right so I fired them. But not before they advised me to sign the consent if I wanted to and also return court papers to my creditors with the I&E!! 5) I didn't heed the advise to consent to a CO, instead I wrote with I&E enclosed, then made covert calls to link, refusing to confirm my any of my details (cos as soon as I did, they refused to give bank details!!) until an agent finally gave me their bank details. So I sent them my I&E and started to make monthly payments. 6) About a year later, a few days b4 I was to leave the country, I received a POC. Frankly, I did not even read it let alone scrutinise it. I simply updated the same I&E and sent it along with the N9A (I think) to link (as directed in the POC). There was no time to seek any advise either. 7) About 2 months later, a default judgment arrived in my UK mail, with order to pay over 20k. 8. I simply contacted the court (at great expense) but of course, I was out of time because of the length of time it took for the mail to arrive. So I paid to have the order varied. In the mean time, link apparently tells the court they made a mistake so I get the order varied, and then a forthwith order followed and then another variation, this time, for a higher amount than the original order which I could clearly not pay. This was all just a mess. 9) Last year, they applied for a CO which was granted and made final (I was at the hearing) despite the fact that I have not under-paid any of the previous instalment orders or missed a single payment. This is the saga in a nutshell. I should say my complete ignorance about any rights or protections I had basically led me down this path - I hope not irretrievably. atom

Gentlemen, very insightful debate going on here. Vint, if you don't mind, will 'sticky' your post #1844 for future reference - the logic is very eloquently put! Please see post 21 (cpr 31:16 draft) in my thread: http://www.consumeractiongroup.co.uk/forum/mbna/245201-my-head-hurts-l.html All comments greatly appreciated Thanks, atom

Hwyl, i have generally taken to ignoring their po box address as RM website tells me even afetr weeks that it is still being processed through their network (these are not necessarily signed for, even though they should be!!). For my SAR, I sent the reminder by SD (~£5 well spent, I think!) to the London registered address and got a proof of signature + the docs in about a week. goodluck. atom

Thanks, supa. Here is my draft request which I will tidy up & pop in the post (under a cover letter) asap. Is there anything else you think I should add? -------------------------------------------------------- xx xx oh, I can't believe how your point in post #9 could have gone over my head - i guess the proverbial 'too deep in the woods, can't see the trees' syndrome. What you are saying that post is that even if I seccessfully appeal the existing judgment, the OC could theoretically take fresh action so I should cpr the OC in order to be able to defend that or at least know where I would stand?!

Thanks a great deal. Now I have to figure out who to CPR 31:16 (DCA, OC or both!) and how to preceed with my appeal/set aside arguments. I believe I have enough to quash any counter arguments about prospect of success. I very much wish I found this site sooner. Although the alleged agreement is pretty much illegible, it would seem I have breached clause 1b which as I can just about make out, states: 'we will choose your first statement date...' I am baffled!!!!!