Well no-one wants to take any responsibility but I am at least a bit further forward....MCOL blame Cohens and say the shouldn't have applied for judgement against a nameless person and that the case will be passed to a DJ to strike out. Cohens even admit it "might" be their mistake, turns out they were trying to serve jointly and me and my mrs but they got her address wrong and missed her name off...they have also applied to strike it out although they can't seem to decide if they got my defense or not. Anyway a "Manager" will be calling me in the morning. What I want is for them to apologise to my neighbour for their mess up.. Is there anyone worth complaining to? When they applied for Default Judgement Cohens had my defense and they had a special delivery letter informing them the address was wrong but acted regardless. Is there any way I can get the action struck out all together, they also started the case with no LBA nd I received a Notice of Assignment AFTER the court papers... Its hard not to see MCOL as a state sponsored DCA when they let creditors play fast and loose like this...

The case numbers match..but if I login to MCOL with my details it says "defence submitted" if I login with my neighbours details (same claim number diferent password) I get a username/password don't match error.. My claim also shows a "second defendant" a just the address (no name) of my neighbour...

CL Finance issued a Court Claim against me for a debt they bought from HBOS. They did this without any notice and the Notice of Assignment arrived after the claim form...now at the same time as they sent me a claim incredibly they served a copy of the claim on my next door neighbour but without any name (just an address). The claim came from MCOL and I filed an online AOS and then a defence, the Court acknowledged the defence and I heard nothing from Cohens/CL. The Court wrote and acknowldged the defence. I had previously served them a request for info under the CPR but they wrote back saying they didn't have to send anything. I had also informed them that they had served the papers on my neighbour as well but they seem to have ignored that as well. This evening my poor neighbour has turned up at my door understandably annoyed that a Judgement by Default has been served against them, at next doors address with no name...he has passed all the paper work to me and when I try and login to MCOL using the claim number and password on his claim form it fails with an error, mine works OK and it still says defence filed.... This seems some kind of almighty mess up or else it is deliberate...what is the best thing to do??

My defense was not so well written (I hadn't discovered this part of CAG at the time!) I basically said it was all unlawful charges. I got the discontinuance in a few days. Basically I think I could have written anything in the defense as I think Carter just discontinues if you do defend. However I love tomterm's defense!!

OK....I've had one of these "part claims" from Bryan Carter for an Egg debt, defended and had a Notice of Discontinuation. Does this mean that Egg can't claim for the full amount as this would be against this section? Hope so!!

OK..that's very helpful...Will I need to show each creditor what offers I am making to the other creditors so they know they are "fair" and pro-rata? I have a feeling that some will, as you suggest, settle on the 50%-60% side and even less if there is no CCA and it might be easier to treat them individually without knowing what I'm offering the others... The bigger loans (and I have one as large as 22.5K) might smell equity and posture about Charging Orders so I'm not sure I am in as strong a position with them as I do have a lot of equity.

Thanks Rory Reduced payments are about a third the original payments (420 a month on the approx 70K) paid for around 2 years now. I have started to send a few CCAs after a "run in" with Bryan Carter and one of his partial CCJ attempts (they discontinued after I defended) on an Egg loan There could be some charges on the credit cards (make up around 25K) but I guess it depends how much of a discount I get to see if it is worth chasing.

I'm just about to remortgage to pay off around 80K of unsecured debt. Some 70K or so is in a DMP with PayPlan and 8.5K on a CCJ paid direct. Pretty much all is defaulted 2 and a bit years ago when I went into the DMP. Now obviously I want to offer Full and Final Settlements at a discount to my creditors - I've already had a few write and offer this. I have 2 decisions in principal for remortgages, one from PayPlan's in house mortgage service and another from an IFA. Both are pretty much identical in terms of product (light adverse credit 3 yr fixes actually at a lower rate than my current supposedly "prime" mortgage....) now I have 2 options: (a) Go with PayPlan who will negotiate F&Fs with my creditors on my behalf (b) Go with the IFA and negotiate F&Fs myself Has anyone done this/have any advice on which of these is likely to get me the best discounts? I'm pretty much sold on the remortgage BTW...I've loads of equity and an IVA wouldn't really make any sense and at least one creditor seems to have a charging order in mind.. Any advice appreciated.