There is no actual proof of us either signing a physical agreement or electronically signing it. We can't prove anything but neither can they!

OK, they want to apply for a charging order next. The other thing I meant to say is that the N260 states that a barrister will be at trial which I am guessing is bad news. What do you think about them now saying it is electronically signed?

We have had index to bundle, case summary and chronology. Case summary is now stating this relates to an electronically signed Fixed Term Loan Agreement! This contradicts them saying in their witness statement that we signed and returned the agreement. Also received today was Form N260 relating to all the costs totalling about £7,500. Will these be added to the judgment and ultimately to the charging order? The court says it's the judge's discretion regarding costs but that they normally get added to the judgment. Very concerned about bailiffs, is that a possibility?

I understand but statement also has to be filed with the court and other side. Costs will be added to the judgment though I guess as we won't be able to pay these upfront as neither of us are working.

@Andyorch of course. I know you know! Just meant I guess it needs to be formal with court headings etc. if it's being filed with the court? The claimant's end game is a charging order once a CCJ is obtained. I did try to agree token payments early on in the proceedings and they said a charging order was the way they wanted to go. I guess that order will include all the added costs too. A charging order isn't the worst scenario as long as they don't try and force the sale of our house.

@Andyorch I think it is a formal skeleton argument, it doesn't state it is a list and it is to be served on the other side and the court before the trial. As to whether we both signed the original agreement, I assume so but have absolutely no recollection of doing so! Like you say, no idea how else did they get our signatures?

@dx100uk and @Andyorch, are you able to point me towards any suitable wording for the skeleton argument I would need to draft given your thoughts above? I have been searching but am really struggling

@Andyorch I've looked at sections 60 to 73, the only thing I think is that at no time did the original creditor send a copy of the executed agreement even though TM Legal are saying differently. Do I have anything at all I can include in a skeleton argument? I don't feel good about any of this

Thanks @Andyorch much appreciated.

@Andyorch see their witness statement, section 18 vi and vii and exhibit 11 and see what you think, as well as exhibit 2.

Any advice would be gratefully received. I think exhibits 2 and 11 are most relevant. They say in the email at exhibit 2 that it appears they sent an executed copy of the CCA to us but I can confirm that is not the case. They also say they did not retain a copy of that executed agreement. At exhibit 11 they are showing a "reconstituted" agreement with our signatures so I'm guessing that's not good? I think the final thing to do is the skeleton argument just before trial but I am at a loss to know whether we even have any arguments left!

OK, remaining exhibits minus account statements attached. Their witness statement as well as exhibits 2 and 11 are at #206 above which I believe are the most relevant. Exhibits to WS Various_compressed.pdf

I don't know what has been seen or not. Surely you want to read the witness statement? The two exhibits I've included are the most important in my opinion.

I tried that but the file was too big so had no option but to split up. I literally want to die right now.