Nationwide/dryden claimform - credit card debt **DISCONTINUED**

[1stlifeline]

Thank you Paul, typing it out now. Thank you so much

 

Dont know where Im going wrong but I cant find the way to pm you Paul. When I click on 'send message' it only gives me the option of 'skype' Dont even know what that is? What am I mising, never had a problem with sending a pm before. Has something changed or is this a 'senior moment' (way before my time I should add!)

[livelylad]

I have sent you a pm.

[1stlifeline]

Thank you for the pm, have sent one back!

 

Posting for opinions please.

 

I recieved 2 letters from them asking for proposals for settlement. Each time I replied asking them to produce an enforceable agreement.

 

I now have recieved a letter from them basically implying that we are being awkward and obstructive and they have written to the court to say that they are trying to reach settlement without sucess. They have applied for a further stay of 28 days.

They have made no response to the request in our letters but have said they intend to use our lack of making an offer of payment against us in court when it comes to costs.

[creditcardmug]

Thank you for the pm, have sent one back!

 

So is the PM problem sorted now, if so what was the problem and how was it resolved?

[citizenB]

Posting for opinions please.

 

I recieved 2 letters from them asking for proposals for settlement. Each time I replied asking them to produce an enforceable agreement.

 

I now have recieved a letter from them basically implying that we are being awkward and obstructive and they have written to the court to say that they are trying to reach settlement without sucess. They have applied for a further stay of 28 days.

They have made no response to the request in our letters but have said they intend to use our lack of making an offer of payment against us in court when it comes to costs.

 

 

I think all you can say is, you arent being awkward or obstructive. However, it would certainly appear that they are in that they are refusing to provide you with a copy of an agreement which they are intending to base their claim on.

[pt2537]

i agree CB,

 

if they provide you the documents then you can deal with the case, however until they supply supporting docs to show you have a liability for the debt, you cant negotiate anything

[1stlifeline]

However, it would certainly appear that they are in that they are refusing to provide you with a copy of an agreement which they are intending to base their claim on.

They have provided what they consider an enforceable CCA to use in court but, as it did not have the correct terms and conditions when they asked us for our proposals for settleing out of court I wrote to say we could not discuss anything until they sent us the correct documentation. They ignored that letter but wrote to us again asking how much we are prepared to offer to settle out of court. I replied again that we will discuss it when they produce the correct paperwork.

Now they have sent us the letter saying we are being uncooperative and they are pointing this out to the court. I need to write back to them with our proposals and am at a bit of a loss as to how to draft a reply.

[creditcardmug]

The "agreement"doesn't contain the prescribed terms, the Default notice is flawed, what are you worried about?

Thats only from briefly scanning thro your thread

[questioning]

Hi,you aren't being awkward or obstructive so surely a reply stating that and including what pt has posted is good enough,

Keep it short and to the point.

 

It looks like they are just trying to get you to cave in!, As they know they are onto a loser!

Just reply with these facts, short, sweet and to the point.

 

I should have added this;

You have come so far, I've read this thread a couple of times and you have done really well, must be quite scary at times, I know I find it all quite scary but looking in from the outside, stick to your guns, stay strong, its not you being awkward. Don't let them make you feel like you are doing wrong. Don't give way to there little mind games. See them for what they are.

Edited July 12, 2008 by questioning

[creditcardmug]

Out of interest, was the claim originally issued in Swindon court? may be of significance

[1stlifeline]

Thank you for the replies. Only just got in so havnt been able to post until now.

 

The claim was issued in Northampton Creditcardmug. Oh, and the pm problem is sorted. It was because the person I was pm,ing wasnt accepting pms at the time.

 

Thank you all for the advice. I will send something short and to the point tomorrow!

[1stlifeline]

Well I sent them another letter pointing out that my defence in this case is that I have not been given a CCA which meets the terms and until they do provide one they cannot expect me to make any sort of offer.

I also pointed out that when replying to me they sidestep that point and just repeat the request for an offer.

 

They have now replied again and basically ask me to confirm that 'I am not prepared to make any attempt to compromise'.

They go on to say that 'they are dissapointed that we will not enter into negotiation - especially as we may not succeed in our defence, and that, if they understand correctly, we are not prepared to try to resolve things amicably and so will we confirm that this is the case'

 

Any comments please?

[creditcardmug]

Well I sent them another letter pointing out that my defence in this case is that I have not been given a CCA which meets the terms and until they do provide one they cannot expect me to make any sort of offer.

I also pointed out that when replying to me they sidestep that point and just repeat the request for an offer.

 

They have now replied again and basically ask me to confirm that 'I am not prepared to make any attempt to compromise'.

They go on to say that 'they are dissapointed that we will not enter into negotiation - especially as we may not succeed in our defence, and that, if they understand correctly, we are not prepared to try to resolve things amicably and so will we confirm that this is the case'

 

Any comments please?

 

Be careful with this anything you say will be produced in court, i havent had time yet to read back thro your thread but,if your position is that they havent yet produced a valid agreement, then i suggest you stick to it.

Out of interest are they using a solicitor, or are they running the show themselve.

Dont do anything yet, i want to think about this a bit more

[tinkerbell20]

Be careful with this anything you say will be produced in court, i havent had time yet to read back thro your thread but,if your position is that they havent yet produced a valid agreement, then i suggest you stick to it.

Out of interest are they using a solicitor, or are they running the show themselve.

Dont do anything yet, i want to think about this a bit more

 

 

Do not put anything in writing to them along the lines they suggest. The Courts are very hot on mediation and frown on anyone who refuses to mediate.

 

Just write and say that you still require the CCA so that you can evaluate the situation. And then ask them what offer they are prepared to make on the basis that they have not provided a enforceable CCA ........................something along those lines.

[1stlifeline]

Thank you both for the replies. They are using a solicitor. Each time I have written I have been very careful to point out that I am not being obstructive but also pointed out that they are refusing to repond to the points I have made in my letters.

 

I know its a long thread Creditcardmug but thank you for taking the time. It seems to have been going on forever!!! I will not draft up a response yet.

 

BUMP- to see if anyone has any suggestions as to how to reply to them. Thank you Tinkerbell for the reply as well.

[creditcardmug]

They are putting pressure on you, by saying they will use this against if it comes to costs.

So really you have to weigh up the strength of your case and theirs, if you think you will win then stick to your guns, paul, myself, and others think your case is good enough to win, but its up to you.

I think unless you are going to negotiate, theres no point i writing back now you have already made yourself clear to them.

 

I see paul has been helping you through this, perhaps it would be worth a PM to find out his view?

[1stlifeline]

Thanks creditcardmug. I did pm Paul but I have not heard back from him so I assume he is very busy.

[steven4064]

Paul is away until Thursday

[1stlifeline]

Thank you Steven

[1stlifeline]

Just noticed Paul is out and about! If you read this Paul can I have your view on what to write back please. I feel I need to respond but obviously dont want to slip up at this point.

 

Thank You

 

Update time on this one!

 

I last wrote to the at the beginning of August repeating that I was not being obstructive but we cant negotiate if they dint provide us withan enforceable CCA. Since then I have heard nothing.

 

However on the court directions (the court date is set for January) it states that each party must file a completed Pre-Trial checklist in November.

 

Can someone explain what exactly is this and what do I need to provide?

 

Thank you

[Michael Browne]

The court should send you one about 11 weeks before the hearing

 

N170 here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n170_1102.pdf

[foolishgirl]

Whoops, not read properly, sorry

Edited October 6, 2008 by foolishgirl
wrong entry

[1stlifeline]

Thank you Michael

[1stlifeline]

Have recieved the Pre Trial checklist today. It has to be filed at court by Wednesday - dosnt give me much time.

 

It seems straightforward but I just have one question I would be grateful for advice about. Its my other halfs case but he wants me to speak on his behalf at court. How do we go about this please. There is a section on the form which asks 'Who will be presenting your case at the trial?' but there are only 3 boxes to tick which are- You, Solicitor or Counsel. Can anyone advise please. Thank you.

[steven4064]

I think you tick 'you' on the form and then ask the court for permission for you to speak on OH's behalf as lay representative. I think you can do it on the day but I'm not sure. Best to ring the court and ask.