Hi all I have asked Moorcroft/Wescot for a copy of the CCA for a Barclays overdraft, but they have replied that, as it was an overdraft, no CCA exists and have provided copy bank statements, saying that this is enough. Do they have to provide any more than that? Thanks

Hi. I tried to get advice as to exactly what to do, but was still confused. Reading all the warnings made me come to the conclusion that there is a serious risk of exposure to thousands of pounds worth of costs. I personally cannot take that risk, so it seemed there were two choices; Pull out (which I did) or take expensive legal advice. All you can do is whatever you feel comfortable with. Good luck - I know how you feel!

Hi - I don't need to PM you; it's ok if everyone sees. When I first came to this website it was because of bank charges and debt collectors and I needed advice. However, on a lot of threads was the tagline that went something like this 'paid an erc - claim it back - I did!'. I realise that isn't exactly what it said, but I followed the link, then followed the advice, probably like lots of other people. I did this stupidly with blind faith. Suddenly, shortly after I filed MCOL, there is a dire warning on this site to stop all ERC claims, with stories of people being charged hundreds or thousands of pounds in costs. So I tried (check some of my previous posts) without success to get a definitive answer about what I should do. In the end I decided I could not risk the costs so I pulled out, having lost £125 in the process. I am not blaming anyone in particular on this forum, but I have learned a valuable lesson that perhaps others on here should learn; If you want genuine help with something and you ask for it - don't just listen to the bits you want to hear! (Like I did). I am glad it's all over and hope that NR can't claim any costs from me for what has happened so far.

Well, NR had never contacted me or the courts, whether to defend or even acknowledge the claim. The claim had not been allocated to any track as yet, so I asked MCOL how I could cancel it and they just told me to tell them the case number and they would mark the claim cancelled. I can't see how NR could possibly try to claim costs when they didn't do anything. Surely if they tried to they would fail??

The bank never replied/acknowledged or defended, but I have cancelled the claim.

OK, thanks I'll give it a go...

Ok, thanks again BJBerry. I just still have no idea wether to go for judgement by default or not. How's yours going anyway?

I still don't know whether I risk any further costs by continuing - anybody know? Ta.

Hi - thanks for the advice zootscoot. When you say 'reach a settlement' do you mean a settlement where they pay me part of the erc or where I end up paying them some fees? I think it's a small claim - it is under 5k and it is MCOL, so I had originally thought my only risk was the £125. I can't really afford to lose that, but it was worth the risk if I win. But if I end up having to pay hundreds or thousands in charges to them I am stuffed!! Cheers, thehomee

I would negotiate but they haven't even acknowledged the claim yet and it is 4 days since their time ran out to do so. Also, as it is MCOL and under 5k doesn't that mean that it is already smal claims? Thanks

Hi. Yes it was very helpful thanks. But now there is a thread started by Zootscoot saying that anyone claiming ERC should withdraw now! So, I don't know what to do - I wouldn't know how to withdraw anyway.

Hello All. Now I am completely confused! I started MCOL with Northern Rock for ERC in January and they had until 4th Feb to defend. They have still done nothing. Do I go for judgement by default or do I pull out? If I need to pull out, how do I do that and will there be any costs? Thanks

Hi bjberry and thanks for that - it is very helpful.Here is the link to my original thread http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53795-thehomee-northern-rock-erc.html (hope I've done that right!)

Hello Paulif and BJberry. I have got my own thread regarding NR, and i need the answer to 2 questions, but nobody seems to be able to help me. Sorry to hijack your thread, but do either of you know the answer to the following 2 questions; 1) NR have not defended my MCOL claim within the seven days, which ran out on 4th Feb. Do I now go for judgement by default? If I do and then they apply for and are granted a set-aside, does that mean that I have to attend court in person? 2) If they apply for and are granted a set-aside, are there any more likely costs apart from the standard court fee I have already paid? Hope you can help. Thanks

Can anyone advise? Ta

Hi. I'm sorry everyone, but I have searched this site for hours and can't find the answer to these important questions, so hope someone can help me; I am about to click on 'obtain judgement by default' , which it will now let me do. If I do that and they then apply for a set aside, it will probably be granted as far as I can tell, and this seems to be their MO. My questions are; 1) Does that mean that I have to attend court in person at a later date? 2) If I lose, what are the likely costs, apart from the fee I have already paid? Thanks all!

Good luck then! I still don't know what's happening with mine - I've heard nothing from them, so I am just waiting for the system to let me obtain judgement by default.

OK. thanks everyone. They'll probably apply for it to be se aside anyway......

Hi everyone! I am trying to obtain Judgement by Default, using MCOL, but it keeps saying I have to wait 14 days. According to the forms I received from the courts after I first filed using MCOL, the 14 days is up on 4th Feb. It is now 5th Feb but it still won't let me obtain Judgement by Default. Does anybody know what I need to do now? Thanks

Hi - it is an erc only. I have checked MCOL every day and it always says the same thing. The defendant has 14 days to defend the claim. Nothing else has changed on there. Having said that, today is the 14th day and it won't let me click on judgement by default! So perhaps it is because it is Sunday. I will try tomorrow. Will let you know.....

I was going to go online tomorrow and apply for judgement by default. They have not responded in any way to the court action. I have posted the latest in my other thread (sorry, don't know how to link to it) and await advice from some of the more seasoned members!

Well, tomorrow's the day by which they have to have defended and the only thing I have had is a letter today replying to my letter of 2nd Jan telling them I was going to take court action. It is a standard letter you've all probably had. No word about the actual court action and no defence. Tomorrow I will be able to claim judgement by default. Will this mean that they can apply for a set aside? If so, I think there are a few Northern Rockers out there with the same situation, so the courts should be made aware of NR's MO!

Hi I served MCOL 16th Jan. Tomorrow (Sunday) is their last day to defend and they haven't. Presumably they can't at the weekend anyway because they only work m-f. Today (Sat) I received a standard letter in reply to my 2nd Jan letter where I had told them I would be going ahead with court action on 16th Jan. I assume I will get judgement by default and they will do the same as they have with you and a few others. I think mebbe we ought to let the courts know that they do this with everyone.

Hi. Thanks for that. You're absolutely right - if I lose 120 it's still a lot of money but it's a hell of a better risk than ending up with 4.5k fees to pay! I'll carry on with it and no doubt they will send me a part 18. It could've been over 5k because there's about 2k interest, but then the fee would've been 250 I think, so that's why I kept it under 5. Cheers again for advice. I'll let you know what happens.... BTW -Kensington should be ashamed of themselves treating people like that.

Hi Can anyone advise me on this please? Ta