O.K Rory, I will get those letters off & keep you informed....

Thanks again Rory for all your help & support....I will get the letters off asap. So basically they can only get a charging order on my property if I failed to keep up with any agreement I came to with them. The guy seemed to think that they could just automatically apply this charging order on the property to secure the debt...I presume he was just trying to scare me....

I am very worried as he asked me a load of questions regarding mine/wifes income, mortgage oustanding, other debts, wifes occupation etc....

Do I need to send DLC a copy? No I didn't. Do I need to ring DLC back & tell them that I am sending a SAR to Blackhorse, its just that the guy said I need to phone back today making the 10% payment or they will issue the papers

I asked the guy on the phone, he said they now own the debt No, I only sent a CCA. The guy seemed to think that he new everything & no matter what I said he just kept referring to the charging order. At the end of the conversation he said all I can offer you is the 10% now & balance within 14 days..... I was so annoyed with the attitude...

Forgot to mention, the guy just kept going on about my property & its current value, then he said well I am just looking at other properties in the area and to me you have a lot of equity in your property.....I said why do you keep going on about my property.....well we are looking at a charging order. We are not interested in instalments, why should we be?

I have spoken to DLC, they are not interested in accepting any instalments from me & are going to secure the debt on my property (charging order). I offered to pay £50 a month instead of £100 which was my original instalment. They refused and said that I have to pay the full amount or they will secure the debt on my home. After asking me a load of questions relating to my circumstances etc, he said that he would accept 10% of the oustanding balance now & the balance within 14 days. I told him that I am unable to do that, he said well we will secure the debt then...... I need help on this please.....

Do i need to do anything now?

I thought it was but just wanted to make sure...

Is this agreement enforceable or not?

Hi, Please could someone have a look through my CCA....thanks http://i224.photobucket.com/albums/dd222/mazel01/Agreement.jpg

Received confirmation from the court that my defence was received and they are sending a copy to Weightmans/HFC...

Its legible, but whoever photocopied it, did it slanted, so certain letters are missing from the end of words. Also there are several hole punch marks on the copy, therefore certain words are covered over

I have just had a look through & cannot see anything relating to contractual charge....the agreement that they have sent me isn't the best photocopy.

Should I phone Weightmans to discuss it as mentioned in their letter?

Letter received from Weightmans: Dear xxxx Request for Information Copy of executed agreement and terms and conditions We enclose a copy of your agreement with terms & conditions. Transcripts of all telephone conversations recorded and notes We have enclosed CACS history. Any further document disclosure that comes to us in due course(as part of the disclosure process in this case) will be disclosed in the usual way. Records between HFC and this firm are priveleged and will not be disclosed. Manual Intervention These are our clients own documents and contain privileged information to which you are not entitled. Copies of Default or Enforcement Notices We have enclosed a copy of the default notice which was served upon you. No enforcement action has yet been taken. Insurance As detailed within the terms and conditions of your agreement, your insurance was with a seperate company and entirely distinct legal entity from HFC. As a gesture of goodwill we have contacted our client and asked them to make an enquiry as to if they have a copy of the policy. In any event we suggest that you contact the insurer directly. Collection Charges A contractual charge of £xxxxxx was added to the balance outstanding upon your account on xxxxxxx. This is a contractual charge levied in accordance with your agreement. The charge covers all admin time in dealing with the default account - as detailed in the CACS history. Copy of Notice of fair use Will follow on standard disclosure. List of agencies that information has been disclosed to Not a valid civil procedure rule request. Please explain the legal basis for this request and cite any authority on which you rely. Copies of statements We enclose a copy of your statement of account detailing transactions prior to the instruction of our company. Since our instruction we can confirm that we have received £x Any other documents that we wish to rely on at court Any other documents will follow by way of standard disclosure. We trust the information provided will assist you in filing a defence. We will contact the court to clarify the date with such is due. We remain hopeful that we can discuss this matter in an attempt to resolve these proceedings quickly and cost effectively.

I think its time for another glass of wine

Still no response from Weightmans......the 14 days they mentioned is up, in fact it is now 28 days!!!!!

Just checked the Royal Mail website & it says that my letter was delivered to the court today, however it doesnt say what time! Just logged into MCOL & it doesn't mention that my defence was received today.....does it normally take a few days for it to change status online?

I rang the court this morning & they said that my defence had to be in by close of business Monday. This afternoon I posted it GNDD for Monday 9am.....it cost £10.30 wow.....

Rory, I am just typing out the defence, is it the date on my letter or the date they signed for it?

Finally, what is the normal timescale once my defence has been received by the courts.....basically before it would be in the courts?....my wife won a holiday for us months ago & am due to go in approx 6/7 weeks. Do you think that it will be after that time?

Sorry, just noticed I fill that in at the top of the N9B form.....I presume that I don't need to add it in the defence section as well

I will phone the courts in the morning to see whether someone will be there to sign for it on saturday morning. Finally, do I just print out the defence or does it need to go on a particular form before its sent to the courts?