hi MB Sorry to put you on a bum steer re CPUTR. I thought under S77/78 they could send a true copy whereas for a pre 2007 agreement to enforce they had to have original with prescribed terms within 4 corners. They don't have to reply but a simple yes (i'm knackered), no (they're knackered) or no direct reply (what are they hiding) give an indication on next approach to negotiation and eliminates one possible surprise at court. However Andy knows much, much more than me about your case and the law so I'd take his advice over mine k

hi I have read it is applicable to pre court but I used anyway as whether they give a y/n answer or fudge the question speaks volumes I make formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008) for written confirmation as to whether xxxx (solicitors), and/or xxxx (OC) currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing. do a search on this forum for the thread k

2nd offer was for £60 and informed my costs mounting and asked the CPUTR 18 question, they again refused 3rd offer Mine was for a pre 2007 agreement to which they had sent copy of application form and separate fuzzy T&Cs which appeared to be meet all legal requirements but as they had failed to supply readable T&Cs 3 times and failed to answer yes/no to CPUTR 18 I suspected they didn't have a fully formed CCA. So I offered £60 again, gave them Inc & Exp which showed they had no realistic chance of repayment other than a nominal £1pm and showed little equity to make CO worthwhile I then said I wanted to arrange to see agreement under CPR. They settled for nothing. Basically, my strategy was to show willingness to settle for nuisance value but with each offer to introduce consequences for their side. So don't be put off by first refusal, you want to avoid the DJ lottery so go back at them again with same offer and try to eliminate some of their plus points. They can only refuse your offers and you can demonstrate you made repeated attempts to settle with no give from other side. best of luck k

Hi MeeBroke I had a fast track case against me and negotiation went along the lines 1. my initial offer was only £60 for nuisance value and said I would be claiming unfair charges and costs, which they obviously refused 2.

Hi Andy Final question (at least on this thread) - re SB the clocked stopped on issue of claim but if the claim is now discontinued if there is a new claim in future SB date will run from last payment made not issue of last claim? regards K

Hi Consent order received 1 The Claimant's claim against the Defendant to be withdrawn 2 There be no order as to costs On reading other threads I should add 3. The claimant will not litigate further regarding this account 4. The claimant will not at any time assign this account to a third party but as alleged debt now statute barred since 3rd May I will sign the above unless anyone sees a problem. Although I think I have a good defence as documents supplied are forgeries (for everbody else other than DCAs who call them reconstituted) the risk of a few hundred pounds costs against a claim plus costs of £20k plus time and stress makes signing a no brainer for me. Thanks to Andy and all others for their advice and taking the time to help. regards K

Hi Brief Update. We have entered period of negotiation which goes as follows: 1. Claimant ("C") writes you owe us £11k whqat are your proposals 2. Write back with no savings and on benefits and so offer nominal amount F&F 3. Unsurprisingly F&F refused and they will kindly accept a voluntary charge 4. I decline CO, tell them that F&F was all I can afford and was a nuisance payment. Told them I was making a Part 20 counterclaim for unfair charges, compound interest thereon and SI. Also requested under CPUTR 2008 whether they the solicitors and/or C currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing. 5 C will reduce charges from £25 each to £13 no mention of interest. Also they will accept the claim amount less the SI included within total amount. In response to CPUTR request instead of a simple yes/no answer sent another barely readable copy of application form which they state together with illegible T&Cs already sent constitutes the agreement 6 Me yet to counter Fed up with reconstituted illegible agreement if I make a CPR31.15 request do I have to travel to their premises to view? Also want to DSAR the original lender but the notice of assignment states the C is data controller. However all relevant details are prior to alleged purchase date and I wouldn't trust what they sent anyway so am I OK to DSAR original lender? thanks K

hi CitizernB DN was issued 2006 per credit file but AFAIK I never received it, therefore, I cannot ascertain that it complied with the prescribed format. The 2007 DN was also never sent but MCE's reconstruction obviously has all the terms but this is a clear word processed fake as the default date and remedy date are dated for different years. regards -K

Andy I will only be financially able to offer a nominal F&F settlement figure so I was going to send IE just to indicate this was a realistic offer and I am not taking the mickey. Sorry to repeat myself but this negotiation wills not count as acknowledgement of debt for SB purposes? regards -K

Hi Andy Thanks for your reply. Made reduced payments, last payment was 3rd May 2007 not phantoms, was getting over illness and pressurised into agreeing to make said payments then savings ran out. I'd forgot I'd made them hence SB defence but the amounts on supplied statements verified against current account. So SB 3rd of next month - is that correct? Before that date is it true that I cannot even negotiate or send income expenditure form as this will start clock running again. I know that this claim stops clock but if for whatever reason they don't proceed at DQ then sell debt I don't want to mistakenly incur another 6 years. I didn't propose any Directions, only just found out what they are CPR28 correct? I have never had a copy of Claimants AQ should I have? -K

Hi Andy This whole experience is like Alice in Wonderland. Can I just clarify 1. Standard Order for stay for settlement with consent of all the parties. On or before 7 May 2013 one of the following steps must be taken: either the claimant must notify the court that the whole of the claim has been settled or claimant or defendant must write to the court requesting an extension of the stay period...................................... or all parties must file a completed directions questionnaire at court......................... So I also have to file DQ? Would this be the placed to attack re S69 interest? What would I be attempting to achieve? Would a strike out of claim due to inclusion of SI incorrectly putting claim in fast track so putting me in a financial perilous position re legal expenses be a realistic outcome? In the meantime it's Ok to negotiate? and since my original statute barred and embarrassed defense I have had no further opportunity to refine my defense when does that take place? Sorry for all the questions but this process is utter bewilding and there doesn't seem to be an easy handbook to follow. regards -K

Hi all, Been reading a few threads and it seems that 'falsifying' of documents is standard practice by some claimants and I should accept that's how things are. As the claim has been stayed for mediation I need to contact the Claimant with my proposals. I believe that the claim is for an unenforceable agreement, furthermore I am on benefits and can't pay nor do I have any savings, advice appreciated on what I propose. - K

hi Andy yes, debt is stated as £6732.65 and S69 Interest claimed £3444.05 giving Amount claimed £10176.70. Verbatim as follows: By an agreement in writing between HFC Bank PLC ("HFC") & the Defendant dated 03/06/2003("the Agreement") HFC agreed to issue Defendant with credit card upon terms & conditions set out therein. In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement. HFC served a Default Notice on the Defendant stating the amount due & requiring the Defendant to pay same. The Defendant failed to pay & the Agreement was terminated. The Agreement was assigned to the Claimant on 12/04/2011. The Complainant has complied with Sections III and IV of Practice Direction - Pre-Action Conduct. THE CLAIMANT THEREFORE CLAIMS. 1. 6732.65 2. interest pursuant to section 69 of the CCA 1984, namely 3444.05 & continuing until Judgement or sooner payment at the rate of 1.48 Then in the box bottom right of N1 Amount Claimed 10176.70 Court fee 190 Solicitor's costs 100 Total amount 10466.70 Hope this is of assistance -K

hi Ganymede Thanks for the information. I am concerned that if for whatever reason the current case was withdrawn I don't want to inadvertently do something stupid to restart the clock for another 6 years. However in the spirit of mediation I assume putting forward an outline of my defence, namely, disputing charges under S??? and S69 interest amount and for pre 2007 agreement I will require true and signed copies of the relevant documents not obvious fakes. I also let them know after the court hearing I will be reporting them to the relevant bodies (that OFT/FSA?) as they are not fit and proper to conduct their business. I assume that I am not the only person they have used faked documents to obtain money they are not entitled to, so would it be appropriate to refer this version of the 'Nigerian' [problem] to the police or I am completely wide of the mark here? further advice gratefully received -K

Hi Andy Thanks for the welcome. POC The Claimant therefore claims 1. 6732.65 2. Interest pursuant to section 69 of the CCA 1984, namely 3444.05 & continuing until Judgement or sooner payment at the rate of 1.48 Amount Claimed 10176.70 Court fee 190 Solicitor's costs 100 Total amount 10466.70 so have they added it to Amount claimed to push over £10k regards -K