Any hep in putting a defence together would be appreciated. I dont really know where to.start with it. Can you recommend any templates?

How do I do that?

I think the whole thing is unfair. Of thirteen creditors HSBC were the only ones who refused to stop charging interest. The card limit was £2500 and we paid this off in full. What annoys me is the claim states we under paid the min payments but at times we were paying more than the min. What do you think my chances would be at contacting the solicitors and asking for them to accept a full and final payment? What would be a reasonable sum to offer if I did this. As the debt has been in dispute since 2010 where do I stand with this?

30th May 2013. I have to take a little responsibility as CCCS say on all paperwork that itnis down to me to check that the balance shown on theDMP plan is correct. However my query is if the debt has been ddisputed on numerous occasions surely they cannot pursue. Would I also be better to call Marlin direct and explain the reason for the delay in returning paperwork or is the mere fact that they have now applied to the court too late?

Thanks for the reply I thought that as I was still paying in 2010 that the 6yrs starts from 2010 therefore u would still be liable fpr debe until 2016.

Thank you for your reply. When we had our DMP as we met the threshold the whole thing was administered by cccs. Yes we did get regular statements and we did disput the interest being charged whilst we still werr making payments. When we had paid the final payment ti cccs in Nov 2010 we didnt hear a peep from HSBC until nearly a year later ans we were written to by Metropolitan collection services Again we wrote explaining that we disputed the debt and that we offered a full and final settlement on the amount. We again had no reply until another 6-9 months and the same letter appeared again ignoring any correspondence we sent. Long periods of time went past would go by amd every now and again we would get a letter requesting payment and we would reply. Until late when we were notigied the debt had been passed to Marlin. We already re claimed the bank charges on this debt and we are unsure if we ever had ppi. I do have copies of all correspondence we have sent however as this has been going on for some time I am unsure if I still have the proof of.postage for all the letters we sent. I dont know what to do. We dont have £2000 sitting around so are unable to pay the debt off. If we offer a payment plan will we still get the CCJ against us or can we stop it going that far. I was in the process of returning the paperwork back to.marlin explaining our circumstances and setting up a payment agreement with them.prior to going in to hospital to have our son. The wording of the claim against us reads. I appreciate any help

Can anyone offer me some advice please.In 2006 my partner and I had a DMP with CCCS which we thought we had paid off in 2011 and were debt free. However it appears that HSBC decided not to freeze the interest on the debt we had with them and we have found out that we srill owe £1700. We have disputed the debt on more than one occasion andnhave even offered to pay a lump sum below what they are expecting to settle the debt but never heard anything from correspondence which was sent in the past. Some of the correspondence was sent recorded delivery and otheres normal post. Recently we found out that the debt has been sold on to Marlin. Marlin wrote to us asking to set up a payment agreement with them. This I was fully intending to do however in the interim we have had a new baby boy join our family so the household administration kinda went out the window. Marlin rightly or wrongly have decided to go to the magistrate court and this am we have receuved court papers. *Can we stop the court process now without a CCJ being entered against us? We believe that HSBC have not been resonable with us by* 1.not stopping interest 2. Ignoring all correspondencePlease help we dont know what to do.

Thanks for all the replies Idainfife. I have claimed back all the charges I can but can't claim intrest back when I have signed the contract and they are able to claim the intrest. Indebtstudent I completly agree and this is why I am sooo fustrated appears we may well have been better at the start to not pay anything and they would have sold the debt on and the intrest would have been taken off like our other debts.

Hi My partner and I have been on a DMP with CCCS since April 2006 we started with a debt of £26000 and now are down to £7000 paying £634.00 a month. The problem is this all of the companies we owe to have stopped charging intrest and charges apart from the below listed HSBC Mastercard on one of the debts Egg First Direct RBS The annoying thing is we had other debts including another mastercard with HSBC for some reason one of the HSBC mastercards was sent to CI Finance a debt recovery company and the intrest was wiped off along with the charges but one hasn't. We have spoken to CCCS regarding the intrest which is still being charged however they are saying that the companies are not obliged to stop the charges and they can only ask again. The debt is now sitting at a total of £29000 with the charges and we are soooo close to paying this off. Wondered if anyone can suggest what and if there is anything we can do ?

Nope bodily functions are working fine !!! Jessika1 , how did you find out they were going via a telephone hearing also how did you hound **** ? by letters or phone - really want to get this sorted out this has been dragging on far too long now

Hi Guys Finally have a response from the court they deem that this is not suitable for the fast track and have req a allocation hearing on the 27th June at 1000 hrs - Craping my pants now - what do I need to do as this is not a court date as such but a allocation hearing , have heard nothing from Lloyds TSB

Have put a letter together to go to the court with my amended POC'S is this alright ? - My haven't I been a busy bee !!! Oh and Jessica - Lloyds entered a defence then sent in my allocation questionnaire and then Lloyds req a stay - stay ran out sent in a new allocation questionnaire and then this happended The Court Manager Hitchin County Court Park House 1-12 Old Park Road Hitchin Herts SG5 1LX 26th April 2007 Dear District Judge Field, ******** v LLOYDS BANK PLC In the Hitchin COUNTY COURT CLAIM No: ******* Further to the order made on the 24th April 2007 regarding your request for amended particulars for the above mentioned claim. Please find attached the requested amended particulars of the claim and a schedule detailing charges which have been applied by the Defendant LloydsTSB. I trust that the attached is now what is required and this claim can now allocated. Yours Sincerely

Also I did my spreadsheet for charges back in Oct 2006 do i need to do this again to give me the intrest calculation ?

Hi Guys Thanks so much for your help I hate this judge why could he not have accepted what I have already written !!! Questions Trying to fill out the new POC'S I am not claiming for contractual intrest so should I take this part out ? The Defendant has also charged interest upon these charges once applied. (amounts debited and mentioned in this paragraph are hereinafter collectively referred to as “the Charges” and all detailed within Schedule A attached hereto). I am struggling to work out what I need to put in this part ? d. interest pursuant to s69 County Courts Act. Interest, in that case, up until xx/xx/xx amounts to £XXXX, as detailed in Schedule, attached hereto. Interest per day thereafter, or part thereof, is £00.xxp Is the date the last date of the charge applied in this claim which is the 03/10/05 or is it today's date ? Thanks Peeps

Thanks for replying so quickly not sure what I have to do still sorry confused bump !! I have read what has been suggested but does this comply with what the judge is asking me to do as I note from the advice given that the judge was requesting a fully detailed claim setting out dates and amounts which is alleged to have been deducted from the defendants account this is different to mine The judge says that I am not complying with CPR 16.4(I) ???? WHAT IS THIS ?? by setting out a concise statement of the facts stylised particulars do not constitute compliance - I have to amend or substitute it's particulars of claim setting out the case in PLAIN ENGLISH !!! Wasn't aware I was speaking a different Language and I am only 8 miles down the road !!

Hi Thanks Guys This is Hitchin Court District Judge Field

Hi Thanks for replying so quickly I used the template on this site for the particulars of my claim and did not stray from it .

HELP HELP HELP Have recieved a letter back from the court today and I really need some help quick !!!! Letter Says Upon reading the court file it is ordered that The Claim be stayed as it makes no serious attempt to comply with CPR 16.4 (I) by setting out a concise statement of the facts (stylised particulars do not constitute compliance.) The Claimant must amend or substitute it's particulars of claim setting out the claimant's case in plain english by 4pm on the 8th May 2007 and in defaul the claim be struck out without further notice. If the above is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english. When I re submitted my allocation questionnaire I used the below which was suggested to me earlier in my thread 'Allocation Questionnaire - Section G Other Information The Claimant respectfully requests that an order may be made as follows: 1. On the basis that the Defendant has filed the same Defence and then subsequently settled all claims of this nature, it is submitted that the Defence should be struck out pursuant to 3.4(2)(b) of the Civil Procedure Rules and judgement entered for the amount claimed, as it is an abuse of process. Since March 2006, the Claimant is aware of many claims of this nature in which the Defendant has filed an Acknowledgement of Service, a Defence and Allocation Questionnaire and finally settled in advance of the hearing. In support of this, a sample list of claims, including their claim numbers is attached (attachment 1A). The abuse is underpinned by the orders made (attachment 1B) in at least three cases similar to the Claimant’s, where Lloyds TSB Bank Plc were the Defendant. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant, and accordingly the Claimant respectfully requests that the court gives consideration to its relevance in respect of this Claim. That authority is attached (attachment 1C) and in summary it was held that when conducting proceedings a judge could take judicial notice of matters which were notorious, or clearly established, or susceptible of demonstration by reference to a readily obtainable and authoritative source. He could also rely on his own local knowledge, provided he did so properly and within reasonable limits. It followed, in the instant case, that the judge had been entitled to take judicial notice of how the council had conducted itself in relation to undertakings given in similar cases. The Claimant believes that the Defendant is using litigation as a mechanism to intimidate Claimant’s and to dissuade them from pursuing legitimate claims. It is clear from the pattern of the hundreds of settled cases that the prospects of the Defendant actually contesting this claim at trial are minute. It is submitted that this litigation strategy is abusive and to the detriment and financial cost of both the publicly funded court resource as well as Claimants. It is respectfully submitted that the Defendant will continue to conduct its litigation in this manner for as long as it is allowed to do so with impunity. 2. In the alternative, should the honourable court not be minded to strike out the Defence, the Claimant respectfully requests that directions are made as per the attached draft order (attachment 2A). The Claimant believes the said directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and allow proper consideration of the matter in advance of the hearing, to enable this claim to proceed justly and expeditiously and negate the time wasted by the Defendant during the stay. The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's. In the event that the Defendant's charges are accepted as being a fee for a service (which is denied) the order will facilitate examination of its true costs to determine whether the price is reasonable pursuant to the Supply of Goods and Services Act 1982. The Claimant submits that if the Defendant has a serious intention of defending this claim at trial as predicated in its Defence that it is incumbent upon it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. 3. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track and estimates that the hearing of the claim should last no longer than one hour. The Claimant gives notice that at the trial she will be represented by x or counsel. The trial should last no longer than one hour.' PLEASE CAN ANYONE HELP I DON'T KNOW WHAT TO DO SOOOOOO STRESSED WHEN WILL THIS END

okay new n149 sent again but with no fee and included the new section g posted on the thread - thanks - got my dates wrong stay ran out on the 12/4 not the 9/4 - will await allocation now - hope this is nr the end

okay going to send a new n149 with the letter to lloyds tsb stating no settlement has been agreed , sending this when i get up

I already sent a n149 when i completed the 1st allocation questionnaire and paid the £100 before the stay was granted - I have a letter already drafted to the court to advise that no settlement has been met I just didn't know if I had to complete a new allocation questionnaire again or if they would accept the one I sent before the stay was ordered

Can anyone help my order for stay has ended and I am now in the process of sending a letter to the court to make them aware that Lloyds Tsb have made no effort to settle the claim. I read on hibbit's thread a letter which I am going to send but also recommends that you send a draft order for allocation. Is this suppost to be done on a n150 or n149 or can I jusr print it off and send it ?

Can anyone help my order for stay has ended and I am now in the process of sending a letter to the court to make them aware that Lloyds

Well Done My stay ran out on the 9/4 am sending a letter to the court to ask for allocation. Hopefully won't be to long for me now either.

Okay after prelim letter sent full offer made and money credited to my account !!