if i don't, what's the alternatives seeing as they have all the documents?

hi, a package came through the post from them. unbelievably, it contained not just the original account application, but also all the internal notes compiled by the person that set up the account, after 30 years! obviously, can't use the lack of one as part of a defence now. apparently they are willing to re-instate the plan, but via a tomlin order.

they didn't stop it. lloyds took their charges out of my account first, the standing order failed. i didn't notice straight away, when i did, there wasn't a payee name against it, lloyds couldn't tell me who it was for. had to wait for the usual letter. it didn't help matters when there was another account with them, texts i got i thought was about that one. they got fed up waiting and issued the claim. they haven't sent me any documentation at all, do i need it just to get them to agree to continue the plan at the mediation call? isn't it better to try and get a resolution then rather than have to go to court, even if i still don't have the documentation, and risk losing anyway?

can you explain your reason? sorry if i'm being thick. would they not be likely to agree to restart the payment plan, when i've been paying it without trouble for quite a while? isn't that me showing a desire to offer a solution, hence the objective of mediation?

thanks for your reply andy. ..i'm not sure if i do know enough, as they don't have/haven't disclosed any kind of original agreement, other than the usual copy staements/generic terms, not sure what i need to know. my aim was to try and avoid going to court at all.. ..i was on a payment plan previously. the only reason they issued the claim was due to the payments stopping. ....down to my bank messing up payments, my aim was to get them to agree to continue the payment plan. if not, then i'd have nothing to lose in going to court and seeing what the judge says.

i received an email offering me mediation, and that the other side have requested it too, of course there's the three can you tick yes boxes, one asking if i have enough information regarding the claim to proceed. i know what the case is about, and what they've sent me previously, obviously they don't have the original account opening form. as i was on a payment plan up until last may, from a mediation perspective, it shows that i was actually paying off a debt that was in question as a show of good faith. the fact that Lloyds messed it up wasn't my doing, and would have continued. so do i need to say no, i don't have all the info i need to proceed?

as i can send it electronically, can i type in my name in the signature box, or do i need to print it regardless?

k, will do....thanks andy

so the fact they've paid to get the stay lifted implies they're confident of winning, even though they've not sent me the original form for the account?

Yes to mediation, i choose my nearest court, yes to small claims track, no to an expert witness, fill in any dates that i'm not going to be available for. sign, send off.

hi, i got back from holiday and logged on to my money claims account, it says on the top left that a DQ was sent to me on the 15/9, and DQ was filed by the claimant on the 2/10. i've not received anything in the post re the DQ sent by them. apparently, the court is working 3 weeks behind, They might have responded before the deadline. what would they have sent me, and what would they have filed yesterday if they've not had this DQ sent back to them? The case was stayed on the 5/9. on the 15/9 they applied to lift the stay, which was granted they asked for the dq to be sent on the same day. the court is emailing me the DQ which is 3 pages long. they said that the next stage will be to see if both parties want mediation bla, bla, bla.....

i saw that dx, just surprised that if they bothered to write to me regarding the 28 days that they wouldn't also confirm that it's stayed, especially as it's hopeless trying to ring to find out!

thanks, will the court put it on my mcol account if it's stayed, or do i have to wait for them to write confirming?

the other side received my defence on the 2/8. the court letter says they have 28 days to respond, is it safe to assume that after the 30th it's stayed automatically? are they likely to leave it until the last minute to reply?

the court have written to me saying that if the other side don't respond by 30 days, then it will get stayed. the other side can take their time and go back to the court as and when and re-open things? can i ask for the claim to be struck out?