I've finally got proof of the discontuance notice. I was thinking of claiming costs due to their unreasonable behaviour under CPR 27.14 (2) (g) Is there a cost claim template and an up to date hourly rate posted anywhere please? Thanks

Today I received a letter from the DCAs Sols stating they have enclosed a copy of the notice of discontuance. - Nothing was actually enclosed with their letter. I will obviously write back pointing out their error but is there anything I could include to make this go away for good? It's blindingly obvious they haven't got the docs they'd be relying on but I bet it won't stop them having another go or selling this on. - What can I do to put a stop to this please? Thanks PS. If their letter is a bluff the clock is still ticking on the court order. - (Produce docs or face strike out.) So either way I win this round.

No, All is factually correct except I submitted an application for a directions order rather than a defence.The delay in my application being processed was due to the court filing my application rather than passing it to the DJ.I've spoken to Wescot and told them I won't deal with them while court action is in progress. They've acknowledged this in writing.Idem now have 7 days to comply with the court order. (They were given 14 days.)

Ok, I have a small admission to make.. It wasn't a defence I submitted, I went against the advice offered and made an application to the court for a directions order without a hearing. I admit this was a gamble but for me personally it seemed the best option available. The court have now approved the draft order and the DCA have 7 days left to disclose the docs they're relying on or their claim will be struck out. Please could anyone advise on whether there is any way to stop this for good following strike out? What if it's sold on?Thanks

I've had an email from the court today apologising for the fact they filed my docs rather than processing them:frusty: They've put a 'hurry up' notice on my file.

Thanks Andyorch! Just phoned the court to make absolutely sure nothing else was happening and they said that the case is STILL being processed, it went to the DJ about a month ago so they're not sure what the hold up is and have put a query note on my file to find out what's going on. I mentioned the latest letter to the court assistant who told me there was a bar on any action being taken by the claimant until the DJ had commented. - Not sure what that's all about?

Hi, I haven't posted for a while.. I submitted my defence before the deadline, I also wrote a letter to the sols asking for disclosure of the docs metioned in the PoC under CPR. They replied saying they required 14 days and could I ask for an extension. - I ignored their request as I'd covered non disclosure in my defence. I checked that the defence was with the court on the Royal Mail Tracking Website and it was. All went quiet so I called the court after about a month and was told it was still waiting to be looked at. Today I have received a letter from Arden stating that my debt will be passed to Wescot within 5 days of the date of the letter which is dated 27th June, so basically it's happening today. It doesn't say it's been sold, just passed to Wescot to be collected on their behalf. WTF?? I'm guessing Wescott are still under the Paragon umbrella? Surely they can't do this while my account is in dispute with pending court action? Any pointers on a course of action here please? Thanks

Thank you for the response dx100uk. Yes, 2nd of May sounds about right I think but not sure if you were questioning the cut off date or my timing? - You've worried me now. DQ = Directions Questionnaire, yes?

I've started working on a defence now which I will post up in due course. How do I go about including some background details to the case please? - I was thinking of including the covering letter I received from Lloyds with my SAR info which clearly states I had 3 loans and no agreements are available for these. I don't know where or under what heading this should be in my defence? I could also include some of the other SAR info which shows the loans ad up to the same amount which is then shown in statements (proving a link to this debt and the fact it IS for loans and therefore should need a CCA or 3 in fact.) The only downside I can see to this is that I will be disclosing original account numbers which could help them with forging CCA's? Any assistance please?

I've just notice that in the PoC they state the claimant purchased the debt on 27/06/13 They have previously written to me and their NoA states it was purchased on 21/03/13 Does this have any baring on things?

Unfortunately I'm still struggling to find anything of relevance to support a defence in my case within the first few forum pages. I've been thiking about the letters I have from Lloyds and Idem stating no CCA exists.. A) Can these be included as evidence in my defence? B) Would Estoppel apply if they try to argue the debt is for an overdraft. (I have no clue how Estoppel works at this stage, just some brief reading.) Thanks

It's not that I've done this before in days of old or anything. I've just been using the site search tool at the top of this site. Sorry "post 2" was a typo. So to be clear, I don't apply for any orders, write to anyone else, just submit a defence using info from page 2 here?

Oh ok, It seems I'm not achieving anything from the posts I've been reading as everything is incorrect. I'm not sure what you mean by "post 2 of the legal forums"? Do you literally mean the 2nd page of peoples cases or is there a sticky? I'm finding this rather hard going as everything I seem to have read is wrong.

Thanks for clearing that up. I assume the correct action is to apply for a directions order to the court to "force" disclosure or strike out? This may seem a daft question but is the cost for an order added to the case costs or payable up front by the defendant? Thanks

Sorry andyorch, Please can you explain a bit more? This is all new to me and I thought I'd read posts where the claimant had not responded to disclosure requests and the defendant included a section within the defence stating they are embarassed into defending with a lack of information? Is there a draft defence that 'puts them to strict proof' please? Thanks