Hi Looking for advice. Brief history: 1. 6/2003 Took out Marbles credit card from HFC 2. 9/2012 Received Claim for £6700 and Statuary Interest (SI) £3450 from Mortimer Clarke Sols acting for MCE Portfolio Ltd 3. 10/2012 Combined CPR31 asking for agreement plus T&C, deed of assignment, default notice 4. 10/2012 Filed statute barred and embarassed defence due to lack of detail.in POC 5. 11/2012 Claimant sends a. reconstituted statements 6/2005 - 8/2007 b. application form with separate T&Cs c. Deed and Notice of Assignment d. Default Notice 6. 11/2012 Case stayed as claimant didn't reply within time period to defence 7. 3/2013 Application to lift stay granted 8. 3/2013 Allocation Questionnaire returned 9. 4/2013 Stayed until 21 May 2013, by 7 May must file a completed directions questionnaire 10. Claimant sends letter asking for complete income expenditure and request for payment proposals and indication of defense. From the statements received it appears I made reduced payments until May 2007 so the debt is not statute barred. I plan to defend claim on unenforceable agreement and also dispute the amounts claimed if that fails. To enable to finalise my postion I would appreciate help on the following: Total amount of claim is over £10k so not eligible for small claims track. However the balance claimed contains charges and SI appears too high. If these figures can be recalculated to below £10k is there any way I can get this allocated to SCT.I assume they want Fast Track so they can pile on the legal expenses if they win, therefore, if I win can I claim my research expenses for which time reading through the forum is racking up. Are there any other advantages/disadvantages between the tracks. The balance claimed contains contain late payment review charges can you please point me to the relevant legislation I can research. Do I dispute amounts claimed or counter sue for the charges and compound interest on them? They're asking for over £3000 for 8% statuary interest(SI). On their claimed outstanding balance this is over 6yrs of interest. SI can be claimed from cause of action, for credit card debt is cause of action date the date of first missed payment? Because I made last reduced payment 3 May 2007 the claim is not statute barred as the is the cause of action date is reset. Now is the cause of action date for SI different if so how can this be? If not they have over charged SI. Further they have claimed SI for over 6 years yet they didn't take over the debt until 2012 so how are they entitled to interest previous to then? The main thrust of my defence is unenforceable agreement. In response to CPR31 they have provided a copy of my applcation form from 2003 with a stapled separate T&Cs. Now the T&Cs contain as far I can tell all the prescribed terms I can make out the headings but the actual text is too small to read. However I am certain that these are not the original T&Cs. Also they have also forwarded reconstituted statements and a perfectly formed default notice. However these are word processed files not on headed paper so can have been created at anytime, there is nothing to indicate these were actually sent to me. In fact the statements refer to $ amounts and the DN is dated 25th Oct 2007 but states remedy by 12th Nov 2008 (not my date typo). From a copy of my credit file the actual DN was in 2006. Also the deed of assignment and notice of assignment are for Pheonix Recoveries to MCE Portfolio how do I know the debt was assigned from HFC to Phoenix. Any suggestions to best proceed in proving that these are made up documents with the prime reason to unlawfully obtain money. Anyone else any experience of this? Also is reporting MCE portfolio to FSA/OFT appropriate at this time if I had my way I would report to police for falsifying documents to extort money, a substantial amount as well. In response to the stay the claimant has requested I complete an income & expenditure form, give proposals for payment and details of my defence. Does completion of said form and reply constitute as admitting the debt in writing to the creditor so starting the 6 years statute of limitations once again? I am wary as the six years from my last payment ends in a couple of weeks and I have already had default on credit record for over 7 years and don't want to add a further 6 years. Further to this the claim is stayed so we can mediate to try to achieve settlement so if I write alleged and without prejudice does this mean I accept the debt? As I am on benefits and have no savings I do not believe they will accept any offer I can afford so likely to end up in court anyway. I know I have asked a lot of questions but I believe that they know I cannot afford to pay and want a charging order, therefore, I intend to fight to the best of my ability and any advice gratefully received. -K