Bumping as requested.

Hi CCM, yes please will need help with the rest of the questions. Am not concerned about the cost implications, as things stand if we lose this its probably going to end up with BR anyway, but we're not going down without a fight.

Hi, yes thats looking good so far. As there are 2 of us being claimed against do we need to send back 2 identical AQs?

Hi CCM N1 issued at the end of July 2007. AOS filed straight away by both me and the ex; Defences filed on 26 Aug 07. Nothing then until now. CCA request - Northern Rock replied stating that it is "an exempt agreement in accordance with S16 of the Act" but the claim was issued stating that it is a Regulated Agreement. No other response to CCA request received to date. Other letters received subsequently (computer generated, threatening legal action if payment not made and coming out twice a month) state that it is a Regulated Agreement. CPR18 request was replied by Eversheds (solicitors) stating that they had passed the letter to Northern Rock and that they had been instructed to place proceedings "on hold" (yeah right!). No response received within the 14 days allowed or subsequently. Claimant on the N1 is Northern Rock, the alleged original creditor. It has not been transferred to our local Court, the N150 was issued from Guildford. Thanks.

N150 Allocation Questionnaire and N152 Notice that a Defence Has Been Filed arrived in the post today, dated 22nd January and needing to be returned by 9th Feb. What do I need to do with these now? Thanks.

Finally got through to the Court to be told that it is in the backlog of cases and the Defence/AQ will be sent to Northern Rock's Solicitors within the next week or so. Whether the lady I spoke to was looking at my case file or not I don't know ... it would seem that Northern Rock have been keeping them rather busy!

OK, we're now 4 months down the line and it appears that absolutely nothing is happening. I last spoke to the Court about 3 weeks ago and they were saying that although they had a record that the Defences had been received in time, they could not find them anywhere ... In view of the time that has passed, the failure to supply under CPR18 and the refusal to respond to the CCA request, is it possible to apply to the court to have the thing struck out and declared unenforceable?

Yes, many thanks Andy

Defences have been received by the Court but no acknowlegement yet. The lady on the phone first of all said they hadn't got them, then disappeared for about 5 minutes and came back and said that yes, they had got them but nothing had been done about sending them on to the Claimant yet.

Nothing from the Court yet, just trying to ring them find out what's going on.

Unsecured. The secured mortgage was paid off 4 years ago when we sold the house.

1st September which was the due date for them to have responded to my CCA request has been and gone, no CCA supplied. Instead the attached letter dated 2nd September (outside the 12 working days). They are saying that it is not a CCA regulated loan because it is an "exempt agreement in accordance with Section 16 of the Act". So what is one of them and does their continued failure to supply the Credit Agreement mean anything? Also I have still had no response to the CPR18 letter. NR Response to CCA Letter.pdf

Defences were delivered to the Court on Tuesday 26th so within the deadline. Now just sit and wait for the games to begin. And still no sign of any response to either the CPR or CCA letters .....

Andy, many many thanks for all your hard work on this, I will keep you posted as to the outcome and proceedings! Also a small contribution to the Group will be forthcoming once I get my redundancy payment next week!!

I am aware of at least one charge of £100 for "Debt Counselling", up until about September last year the thing was always paid bang on time so there shouldn't have been any penalty charges! Since the original post I did find the "default notice" that was sent in November - we had a debate on its validity yesterday! The ex has no recollection of ever having received one though.

Yes, separate addresses.

Account Number has been concealed on the copy of the POC I posted. The only previous contact from Eversheds was the attached which was responded to by both of us by email stating that we were dealing through the CCCS. Whether this counts as a Letter Before Action or not I don't know. Eversheds FD Letter.pdf

Just so that I can have everything ready to send in the bundle to the Court, do I need to attach copies of the CPR18 letters and proof of delivery to the Defence?

Andy - CPR18 Request sent SD on 4th August, received on 5th August CCA Request sent SD on 12 August, received on 13 August. Claimant on the form is Northern Rock plc plus a reference number Am online most of the day. Thanks

Andy thanks for your help and advice so far. I am conscious that if I am going to get the holding defences sent off SD tomorrow then the only opportunity I am going to have to get the ex to sign one copy is going to be this evening. Is there a template one somewhere that I can use?

Well I'm starting to get cabin fever here so I think a nice day out to drive down to Guildford to hand deliver the defences on either Friday or Tuesday might well be in order ...

One claim number, two separate but identical summons each with both names on.

It doesn't say that! So the default notice is therefore defective? I'm also a bit confused by creditcardmug's post re the two statements; in both cases the statements are in capitals and bold with "before the date shown" underlined ... the only bit there I can see that doesn't comply with the regulations is the "do not" not being underlined. Andy - I'm quite prepared for this to take as long as it needs to - they want us to roll over and give them a judgement by default, but my view is to make the b*****s work for it! Its the principle of the thing, if more people were prepared to defend they'd soon stop issuing these claims like confetti because the system would get so clogged up it would break. Then people might have more chance of getting things like IVAs agreed where appropriate and NR wouldn't have got itself into the mess its now in as people were forced into Bankruptcy and NR end up getting very little or nothing out of it. I realise that we're in for a long haul, but I'm not one to give up without a fight. NR should have been a bit more reasonable in our earlier dealings and negotiations. Pete

BTW, am I right in thinking that the default notice should start with the words "Important you must read this carefully" or some such wording?

Thanks Andy, I'd prefer not to reply to that one in a public forum, I don't doubt that some muppet from Eversheds is reading all this anyway! We want to defend on several grounds - 1, we have both tried to reason a fair and affordable payment through the CCCS and NR have rejected my offer and refused to talk to CCCS in the case of my ex. 2, They didn't supply copies of the alleged CCA or DN with the claim pack. 3, They have not supplied any of the required information within the 14 days specified in our CPR18 letters In addition is it also worth mentioning that we have attempted the IVA route to try and sort our difficulties out but this has failed before a proposal could even be put together as NR have had a policy of aggressively refusing IVAs and we were told that it wasn't even worth trying?