Thank you DX, will do. Any thoughts on taking their offer of a Tomlin Order? I’ve toted up and if I had of accepted (probably too late now) I would have had to pay Back £16k over 101 months, if I lose the estimate 4K costs on top of the 21k they’re looking for. They are also pointing to no enforced repayment by MBNA until they issued a default notice on 5th October 2011 making the 25th October the date at which SB can be applied and they believe the court will uphold this. I on the other hand will point out the date the debt was assigned to them and how unfair accruing nearly six years of interest before seeking legal action. Thanks you for your advice and help. OMH

Hi all, I have a slight problem that I could use some urgent help with. I have received today in the post a letter from the courts stating that I had failed to complete a Notice of Proposed Allocations to Track questionnaire. Apparently I have 7 days from today to comply with the CCBC. Firstly I never received such a document from the court, I did however receive a copy of the claimants instructions, which I didn’t fully understand and believed i was just now waiting for a hearing date, didn’t appreciate I was expected to complete an identical form. I have downloaded a copy of a directions questionnaire today from the justice.gov site. I could use a little help completing it if that’s possible? I should also point out on the first of February I received a letter from Kearns offering me a settlement payment of £150 per month with 10% discount on the overall claim if I was prepared to sign a Tomlin Agreement, I chose to ignore that letter on the basis that I have very little to loose if it went to court and I lost, I would probably offer that amount monthly to settle anyway, just with added costs. I must be honest I’ve not heard from them since September and I had almost believed they had given up as in another 3 weeks it will have been 7 years since my last payment to MBNA. They are still refusing to accept my defence of Statute Barred. I guess we’ll know over the next few weeks. I don’t suppose any of you talented people believe I should have taken the Tomlin Agreement by any chance? As always, many thanks for you much appreciated assistance. Off My Head

Hi, I have received a parking notice stuck to the windscreen after parking in a disabled bay at the hotel I was saying in on the 14th December. The car park was full at the time and there is no on road parking locally. I had four colleagues in the car also staying at the hotel and at check in we informed the receptionist of our problem with parking and she said as the 12 disabled bay were free we were OK to park there and to leave a note on the windscreen to that effect on hotel headed paper. Needless to say in the morning the vehicle was ticketed and the remaining Disabled Bay were still free! I am prepared to appeal the ticket but know from reading the posts on here that this will probably be a waste of time. Do you have a standard template that details there was no loss of money or inconvenience caused to other hotel users that might be worth sending to disappear or should I wait to receive more threats. The only complication that I can see is that I have a leased company vehicle which is also being hired from Thrifty as my new car is on order after the lease company wrote off my last vehicle. I suspect that if they write to Thrifty as the registered keeper that they will pay the notice and add costs which would be passed on to the lease company and eventually through to me. I could do with a letter that suggests they should drop the matter as I am prepared to fight the charge. Any advice would be very much appreciated. Regards OMH

Thanks Chaps, Very much appreciated. OMH

Hi Team, Update: I received a package of reconstituted stuff and internet application along with a letter asking me to withdraw my defence on the 14th July, I chose to ignore it and await the hearing date. I have today (2 months later) received the attached letter. I would welcome your thoughts and advice on how best to proceed? Ignore and see what happens or write and politely tell them to do one, as I will fight on grounds of SB, unfair interest charges and in dispute when sold? I should point out that their Client (Link) have not made any attempts to contact me since purchasing this debt regardless of what they are stating in their attached letter. Regards OMH Kearns.pdf

Morning guys, I have spoken to the Court this morning who have confirmed they have received my defence which has been logged and sent to Kearns. Hopefully they drop it, if not await allocation to local Courts. I will keep you all posted on any update, but for now it's a waiting game. Thanks for your continued advice and support. OMH

Hi DX, Yes thank you: [email protected] Unless this is wrong should be good for submitting defence. OMH

Hi Andy, I cannot thank you enough, What a defence!! I would not have known where to start with that, you sir are a genius!! my MCOL logging is not working for some reason, even after resetting password, I have spoken with the court who have suggested emailing today before 4pm they can confirm receipt tomorrow. The defence claim is due on Monday according to the court and emailed defence claims can be received on the day up to 4pm. I believe I will copy into a word document and submit an attached PDF today if you are in agreement. What ever the outcome (long way to go yet) I will always be grateful for your help and support. OMH

Hi Andy, I pleased that I have been able with my case to offer a different approach and I certainly cannot thank you guys enough for all your help over the years. If this does get to court I will be better able to fight the Ninja Assassin of a local solicitor they have attend. First time round I never expected him to be so vicious or the DJ to be so uninterested in my attempt at applying reason and logic. The sod thanked me for being honest..... lessons learnt! I look forward to receiving whatever you manage to draft Andy and thank you all for your help and guidance on this wonderful site. OMH

Gentleman, Thank you for al the advice. In essence continue defence based on putting them to strict proof and non compliance along with a hint of possible SB? Do you think it might be worth issuing a standard CAG Template SB letter to the solicitor with the slim chance it will put them off? It does seem that documentation on their part could be sketchy to say the least. Dates/timeline are also a little suspect. Your thoughts as always welcomed OMH

Andy/DX, Question: is it SB technically or not (technically) either way is this not a better defence than just demanding they prove the debt? if I write to Kearns telling them it's SB might they drop the claim anyway? Surely with this pond life they are looking for me to roll over not put up a fight? Last time I got involved with this over MKLDP the judge ruled on argument on the day and settled for probability that I owed MKLDP/BC. My submitted defence barley came into it. One way or the other chaps, assume I know nothing and you guys know your way around the system, SB or not to SB that is the question? As always your help and advise is gratefully received, OMH

Link did however did cash the postal order and applied the £1.00 fee to my account even though I had expressly asked them not to in my covering letter.

Never received a reply from Link or MNBA

Guys, I have no knowledge of receiving a default notice from MBNA. I remember many a telephone call with them when I raised the issue of my redundancy with them. Their immediate action before any talk of default was to stop the account. I honestly can not remember receiving a written default notice, I received regular year statements from link which I ignored and never acknowledged.

OK Chaps, Not sure this changes the game plan? I have just confirmed with MBNA that my last payment date was 30 March 2011 I have never acknowledged this debt with the assignee other than to request SAR. If I am right this debt IS in fact Statute Barred as of the 30th March 2017? Fingers and toes crossed that you agree. OMH