Getting bored of waiting to hear something ! Is there anything I can do to speed the process up lol ! Maybe a letter or email to Cobblers saying something along the lines of " Come on,You know that it's just a matter of time before you need to settle, lets just do it !" I know, I can dream...... It's a week since I filed AQ and directions order,and wasnt sure if I get to see what they are filing ? How long will they get ? Hope x

Respectful bump please. Can someone please help me !!!!

I'm a bit useless with spreadies etc ! Which one is the best to use if i'm claiming contractual interest ?

Received statements etc from Creation this morning for both accounts, along with credit agreements so it looks like Creation have fully complied with SAR . Much the same as G.E as I have just signed my name at the sides of the boxes that the sales asssistant has x ,and on one of the accounts I have inadvertantly signed up for Creation 3D payment protection. The amount ads up to £36.44 for the PPI so I am going to ask for a refund on that aswell as late fees of £42.00. On the other account the late fees add up to £127.00. Total amount is £205.44 for both accounts. I dont know much about re-claiming charges on store cards etc as I have only re-claimed off my bank , but i'm guessing its much the same . Do people tend to just claim for the charges or have people been successfully claiming contractual interest on top ? If I can, I would like to add the contractual element because Creation charge a fortune in interest ! I would appreciate any help/tips from some one that is going through the same process if your out there ! Thanks Hope xx

25 out of 30 settled

You are most welcome Gary:) Getting a little ahead of myself re time scales I think !Just a waiting game now ,I suppose Filed AQ etc today and sent copies to Cobbetts. Just pondering really. If I get a cheque as opposed to a bank transfer,do they tend to post it special delivery or snail mail ??

Morning Deller:) Thanks for popping by and answering my questions, feel confident to carry on now. Cheers Hope x

Please ? Is there any body there !!!!! Can some one have a little look at the post above and confirm if I've got everything covered please ? I need to get this to the court before 11am Thanks Hope x

You mean you have a life outside the CAG muggs:o How can that be ! You must be an uber quick multi-tasker,cos everything is suffering in my house,I cant even find the time to vac up at the moment ! Seriously,no need to apologise hun Ok ,before I pop the bits and pieces in an envelope,can someone just confirm that I havent missed any thing please ? 3 copies made of each of the following completed AQ SECTION G-other information that has been attached to the AQ Draft Order for Directions Spreadsheet. I will also compose a short letter to Cobbets acknowledging their acknowledgment and will attach a copy of the above documents for their records. Is that it for now ? Am I right in thinking that I just wait for the courts directions ? What happens if I dont hear anything from the court in the next 14 days as it states in the Draft Order for Directions that I will send copies of all my statements,court bundle etc within 14 days of service.

Hi Guys:) Thanks for all the support and comments, I really appreciate you all taking the time to post. DJWeeble, yep he actually said "I am not prepared to go against the tide on this".I must admit I was a bit suprised by his comment. I knew at this point I had lost:( He made it clear that I had nil chance of winning if it went before a circuit judge,and said the costs that I would pay would run into thousands and he wasnt prepared to rule in my favour on that basis. He said he needed to consider 2 points when ruling at a set aside hearing,which were how long it had taken to apply for set aside and what were the chances of sucess !?!.He said the acceptable time limit would be weeks not months after judgment. I did consider appealing, but this has taken a fair bit out of me TBH. I put a lot of time and effort into it,to the detriment of my family. I was spending hours and hours(you know how it is on here:eek: )just trawling through threads and the net in general,and I thought I had enough to secure a set aside. I dont know what else I can throw into the mix TBH. I used EVERY point I could from a legal standpoint,including the points that Richard Spud raised in the LPA 1925 regarding the obligations of an Assignor ,which MBNA clearly didnt adhere to. I also took a copy of the letter that Peter Bardsley received concerning Ian McCartney's view of what is required to be produced by a creditor,along with copies of the CCA 1974 showing the credit agreement should be produced before enforcement of a debt etc etc etc I showed copies of N1 that had been issued against 1st Credit and MBNA for non compliance,and their inability to respond by the specified date,complaint letter from FOS and so on. I cant afford to go to trial and pay the fees associated with fastrack etc. If I lose,which the DJ says is a certainty, I will be in a worse position than What I am now. Its a no-win situation I think:mad: Sorry for sounding negative,but I really think I have no choice but to let it stand for now. Hope xx

Thanks Deller and Parky:) I'm sure that they've got a copy ,as they mention the contractual interest rates that are shown in my spreadsheet. Ok ,I will send a copy as was on the N1. Should I send anything else to cobbetts,like an acknowledgement letter(to be polite;) ) I've also had a look at the thread that you linked Deller,and I am considering sending the Draft Directions Order. Are there any cons as opposed to pros with doing this ? Obviously it will speed the process up,but what are the negatives ,if any ? One other question.When I send the AQ back, do I just send it to the court,or do i send copies to Cobbetts too ? Thanks for your patience:D Hope xx

Thanks Parky Do I need to re-do spreadsheet with todays date or is it the one I used when filing N1 ?

I havent re-sent the charges spreadsheet since filing N1 . Should I have sent a further copy or are you referring to the copy that was sent with N1 to Natwest ? I havent actually sent one to cobblers,I think ? Have i missed it out ! Please say I havent !

oo -err ! Not sure what i've done but sure dont look pretty lol !!!:grin: Please bear with me, its not your eyes ! The text does appear to change size somewhat ! As far as I can tell all the writing is on save for the odd letter at the end of the sentences.For some reason unknown to myself,when I scanned the docs they looked all squashed up and I wasnt able to edit and make them pleasing to the eye !

Ta -dah !!! Here it is ! The defence from NW which I have been struggling to post cos I dont know what I'm doing ! Big,huge ,massive thanks to my mate Bill-K,who has helped me out of self dug holes so many times already ! Bill heard me hollering earlier and emailed me offering to help ! Feel free to comment on nw defence .Muggs thinks,as do I ,that it is the usual cobblers so nothing to worry about ! Hope xx

Thanks for the great link deller:D Milly,feeling better than what I did thanks hun:) Nearly forgot my manners there ! Computer driving me potty lol. Need to get my defence out here for all you peeps to see and it wont let me paste it:mad:

Arghhhhhh ! Feel like pulling my hair out ! Computer says noooo... It wont let me paste my defence in,damn thing. MUGGS !!! HELP !!!

Corn,tried to pm you but your box is full ! If you read this then you have my blessing to bring whatever you want to the attention of mods/admin. If my situation can help anyone else then that would go a fair way to making me feel more positive about stuff ! Hope xx

What I dont understand though, is once the judge was made aware that there was no credit agreement in existence, how could the charge still go on to be made final ? I wasnt present at the CCJ hearing.Do the creditors need to show a copy of the credit agreement at the time they applied for the CCJ ? It seems so full of holes ! Basically anyone can apply for a CCJ on the say so that money is owed to them,even if they dont have a copy of an agreement.I mistakenly admitted the debt as at the time I believed that debt was for a credit card and not my loan account. Because the creditor has refused to send any info relating to the debt it was an easy mistake to make ! ARGHHHHHHHHHHH ! MAKES MY BLOOD BOIL !!! Sorry for going on and temporarily hijacking your thread:eek: PR, I really hope they dont come up with the goods. Good luck and best wishes.I sincerely hope you win this one

If you want to take a look at my thread its here http://www.consumeractiongroup.co.uk/forum/general-debt/57495-1st-credit-mbna-applying.html My advice would be if they start the process of applying for CCJ dont admit the debt whatever you do ! This is the mis-guided thing that I did on the advice of CCCS and boy do I regret it. Hope you manage to ward off the evil beggars lol:D Hope xx

Hi Zimmie:) The odds are stacked against us before we even get into the court. So much for us fighting the scummy DCA etc Hope xx

Hi:) I dont want to make your situation any harder,but my experience of 1st Credit is harsh. Despite not providing a copy of default notice or credit agreement they still managed to enforce a charge on my house last week,which I was totally shocked about. The judge wasnt interested in their lack of paperwork and just ignored me whaen I mentioned they were in breach of the CCA 1974 . I dont want to open a can of worms, but i'm not really sure if anyone has had action halted because documents havent been provided ? I hope someone can come forward and give you the assurance that they have managed to have a case thrown out on the basis of the creditor not having the relevant paperwork. My personal experience of the justice system is that it is stacked in their favour. Sorry for being negative,and I really hope that my experience was an isloated case and that most courts dont enforce action,but I doubt it going by the judges words"I am not about to go against the tide" Hope:( xx

Update:) Recieved copy of defence and AQ from the court this morning . I have until 8th May to get it to the court. I will hopefully be posting a copy of my defence later today,with help from muggins ! I cant edit the scanned image on my pc so muggins has kindly offered to help me so I dont put my personal details out for every bod to see ! I feel that its really getting started now ! Hope XX

On its way parky

Thanks RichardS:) I am going to print that verse and it can be my new mantra ! I dont know how to give up really,I guess I was born to fight on:D Hope xx