Wondered if anyone can help, we have today heard back from the court after waiting for ages, It was a letter enclosing a pre trial checklist?? Does anyone have any info on this and what it exactly means?? We sent the allocation questionnaire back to the court approx 2nd week in march and haqve not heard anything back until today which was a pre trial checklist to fill in by August. In our allocation questionnaire we enclosed draft order for directions which was requesting agreement, copies of defaults as we have never received and statements, we have had no response to this request from the court? Any one have any ideas on what we are best to do next and what this basically means ? thanks and any advice would be superb. x

Still nothing back from the court ion relation to the aq questionnaire , however i have sent another cpr request to cobetts as i only received the agreement back ( x2 copies, one signed & x1 with diff monthly payments on) No copies of any default notices issued. So i have posted another letter to cobbetts requesting this information. Just wondered if anyone had any advice on what i would need to do to request a judge to look at making an official monthly payment for us to make to the claimaint , instead of us fighting this long ongoing battle???

sorry they also enclosed a copy of an income and expenditure sheet for my OH to complete and send back with his proposal of repayment?

No we didn't chase the cpr request. Looking at my dates, they would of received the request on the 10th March. Haven't written to tenon, didn't realise i was advised to write to them? was that just to confirm the agreement was in place? All we received back from cobbetts was a covering letter, enclosing the loan application form, loan agreement (x2) and a copy of ( pre contract information/ agreement & PCI completion instructions) which we have never seen before. thanks

Hi gh, Yes we posted it to Natwest a few days after m's post

Just to update all, Yesterday we received a letter from Cobbetts enclosing a copy of the signed credit agreement and also a printed version. However the signed agreement had the correct monthly figures on and the printed version had a higher monthly payment on???? Bit confused about this. But no copies of any default letters!!They have also requested in there letter that my OH responds within 14 days with his proposal on a monthly payment. The thing being is that the £120 we are currently paying to Tenon was based on both income and expenditures (this i am still currently paying each month) Therefore we could offer them half and decrease the amount with tenon but then i'm worried that i might end up with a court claim coming through chasing me for extra money, so i'm now wondering what i am best to do next? 1) they haven't sent copies of defaults (which we have never recieved) 2) do we request the court to look at this for us and make a fixed final monthly payment, so that it is legal and we won't get anyone else chasing us? And how do i go about doing this? Will we still incurr court fees for this to be done and will we still need to attend in court? We really do not know what to do next and any advice would be of great help. Do we still need to wait to hear back from the court regarding the AQ?

Hi gh, No news at all. Not heard back from the allocation questionnaire? How long does it normally take for a response to come back from the court? Nothing from incasso / cobbetts - No response to the cpr request either. What do you advise i do next? thanks

Thanks for that advice MandM, and congrats on your case. Welldone. Have you got a template for the subject access request? and who should i send to Natwest or Cobbetts? Still not heard anything back from the CPR request yet. But as put in my previous post - received a reply from natwest advising they need the credit agreement letter i posted to them signing both me and my oh and also want Id from my oh as they have advised they have not got his signature on file? Do you think i should send them back a letter SIGNED? and would you take ID into the branch for them to take a copy of ? I was just put off by the idea of this as reading other posts people have always advised not to sign letters or send anything in with a signature? thanks again:|

what is the summary judgement? I have not heard back from the cpr request yet. still waiting. I did however send a letter back to natwest following your advice, (after requesting the agreement with them a month or so ago we recd a letter back from natwest advising they did not hold my oh signature on file and that they needed my oh to go into the branch with Id) I therefore sent a letter back asking why they suddenly needed id to send information to me when they have sent me other letters and the court claim. I today recd a reply again advising that they cannot send me a copy of the agreement due to data protection as my oh needs to provide id and the letter needs to be signed? Do you know if they can decline to send us the agreement because we just typed our names on the bottom and did not sign it? No we have not sent a SAR, would you advise us to send one now?

Hi gh, Just wondered if you had any look with finding anything out for me, or what the best step is next. Any advice would be great thanks:)

Hi Guys, Does anyone have any ideas of what action i'm best to take next? thanks

Is my summary about right joint loan taken out June '07 for £20k+ 2 yrs of payments made - hit problems July '09 no payments for 6 months NO DEFAULT NOTICE reduced payments agreed with OC via DCA started Dec '09 and have continued since Letter received from Incasso advising they had been instructed by OC, called them advising payments set up with another DCA, asked them to look into and call us back if further action to be taken - Heard nothing until Out of the blue N1 arrived from OC's solicitors single party as defendant OP put in a 'letter of defence' before finding CAG admitting to an undisclosed amount denying an undisclosed amount. N150 submitted - as discussed over the previous couple of pages OC changed sols to Cobbetts - their AQ is above Next move(s)? reply to Cobbetts? write to Tenon (the other DCA) to confirm the agreement for instalments? Thats correct the only thing i have added in is the red above, thanks again for all your help, it is really appreciated.

Just another question, does the agreement they produce have to be a signed copy by both me and my OH? or can they just type up a new agreement with the details on it?

Thanks gh, When the loan agreement was originally passed from Natwest to Triton (which is part of natwest) we sent into them both mine & my OH i&E, but by the time they actually responsded to my calls they had already transferred the case to Tenon, I called them up straight the way to arrange payments, the person i spoke to on the phone asked why we were behind in payments to which i replied that my OH had had his hours cut at work and we were not able to keep up with the original payments, he asked what we could offer, i advised £110. he advised me if i could offer £120 he would accept, so i offered the £120 and it was set up. All of the letters which were sent by Tenon were only ever addressed to ME! But after explaining why we couldn't afford the original monthly payments i presumed that this would be cover both of us and also because it was a joint account. After about 2 weeks my OH then received a letter from Incasso demanding payment within 14 days, my OH called them and advised them that we were already paying another company and he asked them to look into it and get back to us if this was not sorted with Natwest, we didn't hear anything else from them until my OH received the Court claim form. Everytime i called Natwest & Triton regarding this matter i was told that Tenon were dealing with it, even after explaining receiving the letter from Incasso, they still informed me that Tenon were dealing with it. Why did they not just tell me that tenon were dealing with it for me but Incasso for my OH!!! It's so frustrating and really getting me down now. Would you advise me to just wait and see what comes back from court or do you think i should reply to Cobbetts, as they have asked my OH to write in within 14 days with a written proposal? Thanks again

To keep everyone updated on my case: CPR31 request sent to Incasso 08/03 Letter to Claimant sent questionning why they wanted us to go into the branch and provide signatures etc on the 09/03 AQ handed into Court on 09/03 Copy of AQ sent to Incasso on 09/03. Today my husband has recieved a letter from Cobbetts advising a change of solicitor. also on there letter advising that they note his defence stated we were paying an agreed amount per month to Tenon but advise that this is only related to my part of the liability only (and not my husbands) and that under the terms of the agreement we are joint and severally liable for the terms and conditions, and that the claimant is entitled to pursue each account holder seperately. and that they request him to send a written proposal for repayment within 14 days. They have also enclosed a copy of their AQ they have sent to the court. Details they have put are: Settlement No No No Expert No Expert reports None yet obtained Track Fast track Costs Costs incurred todate £300 Estimate costs overall £5000 Other Information Briefly they have put: The defendant states that in his defence he is making payments per month to Tenon. The claimant confirms that the agreed installement payments were agreed in respect of Mrs X outstanding liability only. Under the terms of the conditions to the loan agreement the defendant is jointly and severally liable and therefore the claimant is entitled to pursue each account holder seperately. In view of the above the claimant submits that the defendant's defence be struck out pusuant to cpr 3.4(2) on the gounds that the same discloses to reasonable grounds for defending the claim and that the defence be dismissed accordingly pursuant to CPR 24.2 and that the defendant has no real propect of defending the claim and there is no other compelling reason why the case should be dispose of at trial. Any thoughts and advice on this please, i don't know whether or not to wait until we hear back from the court or reply to cobbetts??? The amount they are saying it is going to cost being £5000 scares me as i cannot afford to repay back what they are asking for now let alone this on top of what we already owe?? My arguement is that 1) they have not sent an agreement when requested 2) no defaults were received and when the amount was agreed per month with Tenon this was based on both mine and my husbands I&E. If we had of known they were going to pursue it from two different agencies we would of split the amount agreed in half and paid to each of them!!!! Any advice would be great Thanks:(