Thanks for your reply it is greatly appreiciated

Had intended to appear in court on Weds to plead not guilty, but my condition has worsend since the middle of last week so much so after phoning my surgery on Friday I was in the Dr office within ten mins. I have to attend tomorrow morning for Blood test and am to see the Dr immediately after. Not trying to dodge the charges just not able to make the journey and stand in court as you can imagine I don't want to be far from a WC and am in some discomfort.

I have a summons to appear at magistrates court on the 2nd May relating to a case innappropriate for the single justice proceedure. I have a prostate and bowel condition which has flared up and means that I constantly and unexpectedly need the WC. Does anyone know if I can get an adjournment ? and the proceedure needed

Hi

Called the court today, they said the case was still stayed and also that no communication from the plaintiff had been received since the initial application last year.

I broached the subject of having the claim struck out and he said yes that was possible and that I should write in.

If the claim is struck out will RBS be able to claim again? or will I need to have the contract ruled un-enforceable.

ATB

Hi all

No reply from the court yet, but I have just received a demand for the same alleged debt from Wescot CS threatening to take me to county court etc.

What is the position here. I would have thought that you can't start legal proceedings for the same matter in two courts!

Would love to hear your thoughts on this.

ATB

Cheers for the prompt response, I'll follow your advice and post back when I have news

Regards Plashets

Hi There

Well here we are 24th March and still not a squeak from RBS or Moorcroft.

How long does the claimant have to proceed? is there a time limit?

I would appreciate any advice on what to do next.

Regards

Hi again

I have had no word from the court (8-01-09) regarding this case, but in this morning's post a letter from Moorcroft which contains a copy of a credit card application form.

dated early 2004, there are no terms or conditions on the sheet at all.

They feel that this should identify any errors that remain in this matter and believe that this is a sensible approach to limit legal costs.

Any thoughts?

Am I right in thinking this is a bluff as they don't have an enforceable contract

Hello again

The court received my defence on the 20th Nov and as yet I have heard nothing at all from the court or RBS, Should I do nothing or is there a procedure I should be following?

PS merry Christmas everyone

I have lodged my defence based on the template given earlier. what should I do now? By the way I have had no reply to my request for information from RBS ref CCA etc.

I am really impressed with Frankie's creativity. A real talent well done!! Gets my vote.

My comments were made with regard to the general gist of the thread when it concerned the libel action.

Hi I have only just joined the CAG and already I have been helped with my financial problems. I have only one comment to make after scanning through this thread and it is this.

If I were a financial organisation that had suffered from advice given on this site I would find it to my advantage that CAG's valuable time and resources were being expended in pointless in fighting.

Divide and rule!

I'm sure that there is a section in Sun Tzu's the Art of War on this very tactic.

if you value this forum make a contibution to the running costs!!

Thank you very much Creditcardmug, looks just the ticket.

As an aside , when I called the court to find out the date for defence submission I found the staff very helpful and reassuring.

Hi Did anyone find that short and to the point embarrassed defence letter

creditcardmug mentioned 42man had published? Northampton CC say that my defence deadline is 23rd Nov so I need to be prepared.

As I mentioned earlier a request for information has been sent so I was intending to use an embarrassed defence as a holding position. Do you think I should go for a flat denial instead?

this claim is from RBS ref credit card. it is being handled by an firm from Notts

particulars:- Balance under an agreement regulated by the consumer credit act 1974 made between the defendant and the claimant or it's predecessor in title and outstanding at this date. the defendant remains liable for making monthly repayments under the agreement until the outstanding debt is repaid. Invoice ref. XXXXXXXX

no other information or paperwork was included.

At the same time I filed the acknowledgement of of service I sent a request for copy of cca etc to the agent (copied "request for information CPR part 18" template from this site)by recorded delivery.

Should I have sent this to RBS?

Thank you all for your help I am a lot happier now

Regards Plashets

The notice is from the claimant, the registration of my acknowledgement of service is showing up on the court website

I have received a claim form from Northhampton county court bulk centre, issued on the 21st October but which didn't arrive at my address until 13th Nov.

I responded online as soon as I got home 14th Nov and the court processed the acknowledgement the same day (I intend to defend the case).

I have since received a notice in the mail this morning to say that the claimant had filed for judgement.

What I need to know is

- if the court accept the claimants application what can I do?

It does seem unfair that a document as important as this can be sent without any proof of delivery and can then be acted on without the knowlege of the defendent. The postal service here has been very poor for some time.

Mail is often delivered to the wrong address or doesn't arrive at all.