OK Cap1 have now removed all charges on a without admission of liabillity basis, leaving the oustanding balance due & owing. They also state that as we have now made this refund to your account, you must agree that continuing to defend the claim against you is clearly a waste of court time & cost. We therefore invite you to discontinue your defence & repay your outstanding balance & the costs we have incurred to date. This should aviod further costs being incurred & the courts time being wasted in progressing a claim that has been defended without merit. Kindly complete the I&E form which we enclosed with our previous letter. Any ideas for a reply?---------------------------------------------------------------------------------------------------------------------------------------------------------- Court directions are: Standard disclousure of documents by 17th May, Written notice of inspection by the 24th May, Witness statements by the 28th June, Pre trial check by the 02nd August

OK going to send this off to Cap1 & see what comes back, is the wording OK does anything need to be added or deleted, Many thanks, B. “Without Prejudice” I am writing to you if reference to the above claim number, & to respond to your letter dated Thursday the 07th of April. With your letter you enclosed an income & expenditure form which you asked me to complete & return to you by Friday the 15th of April. In my fax dated the 07th of April I stated that “I am fully prepared to negotiate with yourselves a mutually agreeable settlement”. The inclusion by you of an income & expenditure form is not negotiation; the amount owed is owed by me alone & not my partner therefore the income & expenditure form is irrelevant to my circumstances & is clearly not an effort by yourselves to properly negotiate a mutually agreeable settlement. The amount owed to yourselves is £10xxx. The statements that you enclosed with your letter dated the 23rd of March indicate a total of £276 in charges, the account should be shorn of all such charges & any interest accrued on these charges. Therefore I believe a figure of £9000 to be a more accurate reflection of the amount owed, & I therefore propose the following. A monthly repayment of £150, to be paid on or before the xxth of each month commencing on the xxth of xx 2011 until the balance is paid in full. I look forward to your response in this matter,

OK just a rough idea then of how much a resonable offer should be please? The amount owed is just over 10000 what could I realisticly offer, theres 276 of charges to come off & I'm really not sure on the interest they do not seem to have been adding it since the default. I think I can afford around 150 to 175 a month. B.

Their response: Thanks for your fax of todays date: Please find enclosed an I&E form for you to fill in & return to us at the address above, please ignore section 8 of the form as this will not be relevant to your cicumstances. We look forward to hearing from you by Friday 15th April, if we do not hear from you, we will file an application with th court to strike out your defence &/or obtain summary judgement. We are likely to instruct a Barrister to attend the hearing of the application & will seek costs & Counsel's costs from you in addition to the outstanding sums due. No menion of WP

OK latest update I added "without prejudice" to my letter & low & behold an income & expenditure form was posted out to me, just filling it in now however should I include a cover letter stating that all disclosed infomation is to be reguarded as "without prejudice" again? Also a bit miffed that they want my partners income included, the I&E form for the court made no mention of her income! Should I fill that bit in after all it's not her debt. Many thanks, B.

OK faxing this to Cap1 this afternoon, hopefully it will buy me a bit more time with them, I am writing to you in reference to the above claim number, & to respond to your deadline of Thursday the 07th of April to contact you about the claim. I to do not wish to waste any of the courts time & wish to settle the claim without the intervention of HMCS, however I am not in a financial position at this present time to settle the claim in full, I am however fully prepared to negotiate with yourselves a mutually agreeable settlement, I have indicated on my AQ to the court that I wish to use the mediation service offered, however I would rather not waste their time & wish to come to an agreement with yourselves about a settlement & a reasonable timescale in which to pay. Unfortunately I am unable to offer you any figures at present but will do so by Friday the 15th of April when I have assessed my finances in greater detail. I look forward to your response in this matter,

OK just rung, received both AQ's & it's been reffered to the judge for his directions.

OK this is where we are now, Cap1 responded to my CPR & returned everything requested, default notice etc. AQ's have been completed & returned to the court the deadline for the AQ's was the 28th of March which was met by both parties. The only difference in our AQ's is that I have asked to settle out of court, asked for the one month stay & asked for the mediation appointment, Cap1 unsurprisingly have ticked no to all three & interestingly gave no reason as to why they do not want to settle even though it is requested to do so if you answer no to question 1. I also have a copy of the claimants draft directions. As of yet I have heard nothing from the court in reponse to the AQ's I also have copies of my statments as requested by my CPR & there is a total of £276 in charges. Any suggestions as to the way forward now, bearing in mind today is Cap1s dealine for contacting them, I have access to a fax if necessary any ideas for a letter to them? Many thanks, B.

PDF/s of default notice & agreement, need to look for & scan my defence running out of time before I go to work, defence was along the lines of: Defendant acknowledges the claim but disputes the amount, claimant has been asked to prove the accuracy & entitlement of amount claimed but has so far failed to do so, the defendant therefore requests more time to bulid & file a more in depth defence.

PDF/s attached. 001.pdf 002.pdf

As requested, sorry been away, their deadline is Thursday the 07th.

OK documents received from Cap1, original agreement signed 06/05/2006, all letters requested enclosed, quite a few charges on the statements, some harsh words in their response, (will scan & upload later) ie defence bound to fail, barristers & costs etc, they have set a deadline of 07th April for me to respond to them, any thoughts on what to do next? Will fill out AQ tomorrow for court deadline of Monday 28th, any thoughts on what to put on that? Many thanks, B.

Yes will do thanks, Just about to send it off recorded post, will leave my AQ then until just before the dead line.

To be honest did not think of that, CPR on its way to Cap1 this afternoon!

OK a little more help please I have just received an AQ from my local court to be completed by the 28th of this month, what sections should I be filling out & what boxes should I be ticking? Many thanks, B.