Thanks Andy, what is the said date/where should i be looking for it? Do nothing else until then?

1. Disclosure and Inspection. 1.1 Each party to give standard disclosure by list by (date + 4 weeks) 1.2 Any request for inspection or copies is to be made by (date + 6 weeks) 2. Witness of fact Statement of witnesses of fact to be exchanged simultaneously by (date + 9 weeks) 3. Listing and trial 3.1 The parties shall Pre-Trial checklists by (date + 16 weeks) 3.2 By (date + 16 weeks) the defendant shall file and serve on the claimant and file at court the dates upon which they are available for trial within the trial period and the claimants shall by (date + 17 weeks ) notify the civil listing officer of the agreed dates upon which both parties are available. If either or both parties are in default of the above the court will list the case for hearing in the trial window on the available information without further delay. 3.3 The claimant is to file a case summary of not more than 250 words, together with the trial bundle not later than 7 days before trial. 3.4 The trial will be listed in the trial wndow *to* with a time estimate of 4 hours. 4 Costs Costs in relation to this order be costs in the case.

They have shown a willingness to settle before a hearing but ticked - no - to a one month stay. Also have ticked "yes" to "Do you intend to make any applications in the near future" and written summary judgment underneath.

Have received back a copy of the solicitors Allocation Questionaire and draft order, wondering what my next step is and what some of their comments mean. Grateful for help please.

Do i sit back and wait now?

Thanks Andy, really appreciate your help Briefly, what will happen next and what are the timescales? One last question - do i sign the draft order for directions?

Are there any advantages/disadvantages to issuing direction? How will the settlement negotiation start? By the court, me, or claimants solicitors?

I have put that i am willing to negotiate and have asked for a 1 month stay. Ticked - No - to court arranging mediation im happy to do that myself. Wondering now what i write in the box below that, do i say im going to contact the claimants solicitors direct or is it best to get the court involved? Thanks Andy, What is the Draft order for directions, and what do i do with that? Sorry if im asking dumb questions.

N150 Andy

Hi, Anybody around to help with a Allocation Questionaire?

Would a settlement at this stage be between the claimants solicitors (Optima) and myself or MBNA and myself? Has the debt been sold, which might mean a better chance to negotitate or is it still technically with MBNA. I did have a settlement phone call with MBNA a few months ago where they were prepared to accept approx 40%, but only as partial and not F&F. I just need to explore all options at this point. Thanks everyone so far, particularly PF and andyorch.

Should have said - im at the court stage now where i have to decide if im prepared to go to the wire and see who blinks first or try to negotiate a F&F.

Really interesting thread, started reading earlier and was hoping youd have got a successful outcome with an acceptable F&F offer. I owe approx 10k to MNBA and like a few people had a phone call some months ago where they were prepared to accept 4k, but would not accept it as F&F, but as partially settled. I declined this as I couldnt raise they money at the time anyway and was more optimistic in winning a court case over my CCA. As time passes i become less optimistic and am more willing to go down the F&F route. For all the wrongdoing and underhand tactics these companies employ, are there any real success stories where people have gone into court and won? I dont want to be a pessimist but the reality is, chances of winning in court with a sympathetic judge appear to be slim.

Im relying on the CCA route like a lot of people and would prefer to avoid court as i think its too hit and miss on the day. Pompeyfaith has helped me a lot and you just have to look at his experience to see why. Obviously i have a DN now against my name and i need to avoid a CCJ against me. If i lose on the day what happens then? Can you mediate then or is it a CCJ and have to continue paying the debt as normal? Like you said earlier, i need to wait until the last moment and hopefully see a copy of the claimants AQ, and see what their views are.

(sorry duplicated post above) If i declined to allow the court to arrange a mediation appt, does that mean id have to arrange it myself or wait for the claimants response?

What exactly does 1 month stay mean? Obviously if i am willing to mediate i have to allow the court to arrange an appt?

What does a 1 month stay mean? Presumably id tick yes to the court arranging a mediation appt? Does anyone have any experience of how these things go/outcomes?

Thanks, so no rush then, just need to get this AQ sent back. Bit stuck on a couple of issues, firstly : I have indicated willingness to settle the claim before court, Do I tick yes to a 1 month stay?

Hi, Am in the process of completing an Allocation Questionaire from the court, seem to be going quite well but could do with a bit of help please. Hi, Have read about issuing a counter claim and wondered what the procedure is and what it means?

Letter on its way. Thanks PF

PF, thank you very much. Is comms log short for anything? or do i just put " Comms log"

Hi folks, All been a bit quiet here. Bit of advice needed now though, Received a letter from the court advising receipt of my defence (id sent my defence back because MBNA's solicitors hadent complied fully with the CPR request) goes on to say the claimant will contact the court informing if he wishes to proceed or not, and that the claimant needs to contact the court within 28 days after receiving my defence. Im assuming this is a standard letter? Also, my CPR requests are coming through slowly and surely, (copy of CCA and statements only so far) shall i write again saying they havent fully complied or wait? Their last letter, which was sent with a copy of my statements, (that only go back to 2004, account opened in 1999) says only ..." We look forward to receiving your defence" Not too sure what my next step should be , help please.

Wish I could help, this sounds interesting, will watch with interest. Fingers crossed and good luck PF

I think its been a long day, the DN came first class posted 12th May, not 2nd class as I said earlier - sorry. Think I will call it a day there and pick it up again tomorrow.

Pompey - Its the original im talking about, the way ive filed the letters im certain it came 2nd class from Optima. Have been getting letters from both MBNA and Optima. For example... 15th April - Optima - letter - Notice of legal action 12th May - MBNA - letter - Default Notice 1st June - Optima - letter - Instructed by MBNA to obtain payment 2nd June - MBNA - letter - Notice of sum in arrears