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skywalker1010

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  1. skywalker1010
    Thank you Andy for providing a great resource for people like me, you and others have given me the knowledge and I appreciate that. cheers SW
  2. skywalker1010
    Sorry, I had to come back and say that I was a bit surprised that no-one posted anything after my last update. A huge surge in views, now over 25,300, I thought at least a comment from anyone would be welcome. Perhaps others felt, you're jammy, yes we all have reason to be in these positions and many are of our own making. But I thought some really positive news shared can only be positive to anyone else struggling in the same position that you should NEVER GIVE UP! SW
  3. skywalker1010
    Okay, I thought I would come back with an update. I stopped paying the £150 a month in 2011 as I mentioned. I also researched the board of Barclays and prepared an information pack of the whole case to send them, where I had no legal representation or time to see the pitfalls on the 'business loan' that all led to the debt. Each pack was about 15 pages with scans of letters where the overdraft was converted by the manager and other details. This was sent to 8 of the main board of Barclays, the Financial Ombudsman and The Prime Minister, all registered and signed for. I did get a nice letter back from Downing Street who said they would pass onto the Financial Minister, I had letters back from Barclays saying they were looking at my 'complaint' But a year or so went on, without anything back. Then suddenly I received a letter from Barclays. They had decided to cancel the debt, the Court charge and stated I had nothing else to pay! They even said they would be making contact with the Land Registry to take off the Charge and that would be the end of it! The debt has now vanished, the Charge is off the Land Registry and the feeling of relief is huge I just wanted to share this with you and say to anyone in a similar position "NEVER GIVE UP" Thank you to all the advice I had received on here, it feels like a long journey but made bearable when you have people in your corner like the members of this forum. Cheers SW
  4. skywalker1010
    Dear All, Thanks for all the help, sorry I have not back sooner. But Andy, we threw back the original TO for over £17K questioning the Interest and costs and we have a final offer. To 'amicably resolve' they are removing nearly £3.5K interest, but claiming Issue Fee of £750 + solicitor costs of £100. So we are looking at the original 3 year old debt plus £850 costs spread at £10 a month. This we can afford. I just wanted to ask that if we sign and send back the new TO, it is going back to Northampton. Although we recieved a letter from our local Court that said the case is being transfered to there. I take it this TO will stop any further Court action and there will not be any registration of the debt as a Charging Order or Restriction, this TO covers the whole case? I cannot see any mention of this being secured on property within the TO, so as long as we keep up £10 a month, we are clear. Also, if we ever do have the chance in 2-3 years time to offer a F&F of a few thousand, will that be possible over the TO. Thanks again to all who have helped. SW
  5. skywalker1010
    Hi everyone, A big update on this. After we submitted an Income & Expenditure form to them, stressing it was my wifes debt and she worked part time only able to afford a £10 monthly payment, we were sent a Tomlin Order. It lays out that the claim will be 'stayed' and a confidential order shall not be kept on court file except for the purpose of enforcing those terms. It is further ordered that each party may be permitted to apply to the court to enforce the terms upon which this claim has been stayed without the need to commence a new claim. There be no order as to costs. The defendant will pay the claimant the full amount owed (figure on order), this was the figure originally set out of the £13700 plus the costs and interest added, so they have effectively got their additional! Most importantly they have agreed to a £10 a month payment schedule, which we can afford, it will take us 147 years to pay this off, but it seems it is all fixed. If the order is breached then the claimant is entitled to apply to the court to enter judgement for the whole amount less any payments. We can afford £10 a month, it will effectively lock this away, with no restriction on property (Charge), what do you think? I don't think we have had an excessive fees over the term applied, just the £3800 in interest and fees prior to any court judgement, and we never got to court. The most important thing is my wife feels this can let her get on with things at £10 a month? Any further comments before we sign and send the documents? Thanks SW
  6. skywalker1010
    Thanks Martin, We will proceed with a £20 a month figure offer. I do have a relative who would be prepared to offer a F&F of £2000 in four cheques, is that worth offering, I would imaging PRA would have bought this for less. SW
  7. skywalker1010
    DX, Andy, I need additional help on this please. If agreement is binding then we need to come to an arrangement. As mentioned above how can we move forward to the above? SW
  8. skywalker1010
    Hi DX, Thanks for your help, I have created a doc with all the copies of docs they sent There is no first page for the Terms, it starts at section 4a, this is all they sent us, are they hiding something there? Thanks again SW MBNA_doc.pdf
  9. skywalker1010
    Okay guys, an update... Sent off two copies of N181 Directions one to The Court and a copy to claimant, by the cut off date as requested. We put in our 'other information' box about the fact that we sent CPR 31.14 requests to both MBNA and Aktiv Kapital (pre PRA) and nothing back. We have just recieved in post from PRA, copy of agreement, default letter and assignment plus statements of card. I presume our only option is to come to an arrangement with them, they have provided an income and expenditure form. This is my wife's card, am I obligated to put down my earnings? We feel we could afford £20 a month as my wife is only working part time at a school, £300 a month take home. Will they try and still push through Court if we fill in expenditure details and offer £20 a month?, also try to obtain a Charging Order. If they do they can only get a restriction on her half, so pretty useless to them. Our main priority is to pay mortgage and bring our young son up. This debt was a result of a huge credit line Virgin gave her when we had a business, the business collapsed due to a number of debtors in 2011, we have been struggling ever since. How much do you think PRA have paid for this debt?, could we consider a Full & Final from a relative to stop the Court? Wife is deeply depressed about all this, really is petrified to have to go to Court. Andy, DX, anyone have any further help on this, it would be gratefully appreciated. Thanks SW
  10. skywalker1010
    DX thanks for responding. I think I understand now the ABC sections in the other thread obviously link to the sections in my N181 But the A section on settlement, do I select YES to settle even though I am contesting the whole case that they are inflating the amount and have not produced documentation. Would that not be construed that we agree with the claim? There is an option for NO with a box to add reason why, do I put that across there. Sorry for the stupid questions but we really have one chance on this, don't want to muck it up Thanks SW
  11. skywalker1010
    Sorry Andy, I don't understand what I am looking for in that thread On our Directions questionnaire Fast Track and Multi Track it says to be completed by and Defendant has been ringed, I can see at the bottom it is an N181. Is this for us to agree the next stage, as we can disagree that this is not the right track, completing box D2 on the form. It says we must complete the questionnaire, file at the Court office and serve other copies to all other parties. and b) attempt to agree directions with all other parties and c) file proposed directions (whether or not agreed) with the Directions Questionnaire. Our main worry is that at the top of the Notice, it says "If you do not comply with the notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement" Thanks SW
  12. skywalker1010
    Okay, we have had something through from Northampton, 'A Notice of Proposed Allocation to the Fast Track' It says that this is now a defended claim, obviously where we have entered a defence. It looks like this is our copy amended to the defendant, but we have an attached Defendants Questionairre we have to fill in. I just need advice on what we are now filling in as we have a date to do this by. What is the change now in the Fast Track process as it says we must serve copies on all parties Any advice would be gratefully appreciated S
  13. skywalker1010
    Thanks guys, I will keep you all posted as to what they do next S
  14. skywalker1010
    Andyorch and any others, we have had a letter from PRA confirming receipt of our defence and that they have written to Court informing them they wish to proceed with claim. Nothing has been entered on MCOL only our original defence is shown on the case number. Surely our defence stops the original claim and a simple letter to the court cannot force it to proceed, unless they have all documents and have sent those to back up. Either way the original inflated claim cannot proceed as that is incorrect? What should we do, or is this typical bluster for us to communicate? Any advice would be gratefully appreciated S
  15. skywalker1010
    Thanks for your help on this Andy, uploading defence, fingers crossed Sky

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