Hello everyone Mortimer sent a letter before action to my old address and by the time i realised this the 14 days had elapsed, I called them on the 1 day after the deadline to inform them that I was going to send them a CCA so they should stay put before issuing. The adviser however informed me that the claim had been issued and that I will be shortly receiving it from Northampton. (This was 2 days ago) In the meantime, what shall do? shall i send any letters (if yes which ones) or wait until I receive the claim and post details? some background info on the account: 1) Opening date: 10/2004 2) Default date: 10/2007 3) Purchased by Cabot in 10/09 Can they still issue after such a long time? I never acknowledged anything nor made any payments. Thanks for your help

Hi HSBC recently zeroed out my current account to pay the outstanding balance I have on a credit card account eventhough they have confirmed that they cannot find a CCA! Also, at the time i opened the current account (1996), the T&Cs have no clause in relation to setting off. However, if you look at their present T&Cs they have inserted that clause. I wonder whether i can challenge HSBC to get my funds back? Super

great thanks

Thanks, yeh long time no talk, I've stayed clear of creditors what happens if your income changes, can any party renegociate the terms? if there is no compromise would the current deal stand? Super

yes

Hi we have now agreed settlement on this, they want me to sign a consent order? they also want to apply to the court for the case to be stayed until full payment is made, we have agreed to a monthly figure not a lump sum over a term of xxyears they also want to review my situation every 6 months, shall i agree to this? also I'm not sure how this would appear on the credit file?

Hi Just to let you know that we have now agreed settlement on this. I have confirmation that they will vacate the hearing. Thanks for you help Super:)

cool I will get on to the application form

Thanks for your time and help I have to ask the judge as the otherside is not playing ball:mad: Super

hi Can i make an application to the court to postpone the hearing? Also can you help me drafting the new defense Thanks

can not just file an amended defense along with a letter stating why it is a late filing. i have 8 days before the hearing,

the docs were sent after the holding defense. They only submitted their bundle on the 3rd of June. On the Court directions. it states that the def has 14 days after the order date to file a fully pleaded Amended Defense, the order was dated 19.01.09. what do you think i should do now?

they have indicated that they will not attend the hearing and have asked the Judge to decide. do i need to resubmit my defense? the court order states: -"Each party should deliver to each party copies of all documents they intend to rely on" "Unless the defendant signs a statement of truth attached to any documents he files such document shall not be used at trial" do i need to submit a witness statement? or do i just turn up with the skely with a statement of truth at the bottom? I will work on a skely tonight and will it post later on tonight or first thing in the morning, if you could then have a look thanks for your help

I was thinking of developing the points you mentioned to the judge with a skeleton argument doc, do you think that is the best to present it? I must admit the hearing makes me nervous,.,,,

Hi my defense is on the first post of this thread, do you think i have a strong case? I had agreed a settlement figure with them but then realised that they will only amend my credit file to "partial settlement". Because of that I withdrew my offer. The clauses they are referring to in their DN letter are not in the bundle, I have now found them on their website, 4.3 is exceeding the credit limit and 9 is non payment Super