I was just wondering, do you think it is wise me speaking with the solicitors and trying to negotiate a payment amount for the monies outstanding that they will stop doing all this nonsense? I don't have the stones to go to court.

Hi guys, Thanks for your help. In what way would I respond to the solicitors now...because obvious from your comments they haven't actually complied with my original request in 2009...

Hi, They didn't respond to the defense and the stay kicked in. I sent the defense which was posted earlier in the thread...

No, as far as I am aware, I didn't receive anything beyond that agreement and a bunch of statements, but this was before the stay. They pretty much left me alone after the stay was granted.

They haven't sent anything after that! What does it mean?

Hi, what they sent me is in post #10 of this thread...back in 2009

Hi Docman, The solicitors sent me the following: 1. A Notice of Transfer of Proceedings 2. A General Directions Order: "The judge orders that The application to lift the stay and transfer is granted This order has been made without a hearing under the Courts case management powers contained in the Civil Procedures rules Part 3 You may within 7 days of the service of this order, apply to set aside or vary the order under Part 23 Rule 10 You must fule with the Court, and serve on the other parties an application that sets out you reasons for the objection. A fee is payable upon the filing of the application. 3. A Notice that a Defence Has Been Filed Stating an allocation questionnaire is enclosed which contains notes for guidance on how to complete it. 4. An Application Notice ...they've spelt my first name wrongly. ...under section 3: "1. lifts the stay on the proceedings 2. Extends the life of the Claim 3. transfers the Claim to the Defendant's home court as the Claimant wishes to proceed with their Claim" ...under section 10, the evidence they give to support their application: "The Claimant allowed the matter to stay whilst the Claimant responded to the Defendant's request for a copy of the agreement submitted under the provisions of section 78 of the Consumer Credit Act 1974. The Claimant has now complied with this request however the Defendant has made no further contact. The Claimant now wishes to proceed with the Claim therefore we respectfully request that the stay is lifted and the matter transferred to the Defendant's local court. We apologise for the delay in making this application" Then this morning I received a copy of the Claimant's Allocation Questionnaire which has been filed at Court. 1. Under section D - Case Management Information: Amount of claim in dispute : £##,###.## Witness name: Representative of the Claimant Witness to which facts: All the facts in dispute under TRACK - they have selected FAST TRACK 2. Under section E: They have stated it will take 3 hours for the trial or final hearing. 3. Under section G: Costs They have put in some figures 4. Under section I: Further Information They have stated YES under "Do you intend to make any applications in the immediate future?" and stated "Application for Summary Judgment under Part 24 CPR" In the space:"If settlement is not reached during the stay period the Claimant intends to apply for Summary Judgment" That's all there is! Shall I call them and ask for a settlement amount? I can't afford much as my income is still very low and for the first time in my life I am in receipt of working tax credit. Thank you in advance for all your help. D

Hi, they sent me something, I will write down the bits they sent me and if you don't mind helping, I would appreciate it. Does Summary Judgment mean that they're trying to take me down the bankruptcy route?

Sorry, whats a WS?

UPDATE! The solicitors acting on behalf of Halifax have applied for the Stay which was granted to be lifted and have now applied for a summary judgment. Do I follow the same procedure as before?

Hi Guys, Received a letter from Halifax stating how much money they think I owe and a demand to get in touch. Can anyone recommend what to do now? Do I go through the whole CCA thing again? Thanks d

HI sorry for no updates, I had a stint in hospital for some time and am back well now. I haven't heard anything from them at all. They take the £1 a month and I am happy to proceed with that for now. I want to pay more, but will need a better job to do that... thanks d

Hi I managed to get through to the court today and they have not received the defence and have confirmed that the case has been stayed. I'm going to read up next on what to do next with stayed cases. I think it's good, but not sure... Thanks for everyone's help so far, I'm sure the fight has only just begun... d

Hello peeps Not a word from Halifax or their debt collectors... They had said that they would deal with the 'complaint' no later than 29/04/2009 which has now passed, and nothing at the courts, so does this mean I can apply for a stay on the account? thanks d

Hi I've just received a text message: Unless you call now, we will begin legal proceedings to recover the outstanding balance on your Barclaycard. Calder 08448110073 Shall I wait for them to start legal proceedings against me, especially considering they think they gave me a credit card when I was a minor, and then we do a CPR to see if they can provide a CCA - which from the look of it, they cannot provide? Thanks d

Hi, The only updates I've had is that the court confirmed receipt of my defence and that they had forwarded it on to the claimants. Yesterday I received a letter from the claimant giving me a reference number to quote when I contact them in the future and that I would have my complaint dealt with no later than 29/04/2009. I don't know if all this is normal or not. The courts have not received anything else and the status online has not changed either.

Hello peeps, I've just received a large envelope from Irwin Mitchell Solicitors containing statements. There is no credit agreement, there is no default notice, there is nothing else. Surely this is in response to the CCA request made back in January? Because at that time, they sent the credit card terms & conditions and no statements? I don't think it's in response to the CPR request which was sent, because in that event they would have sent copies of the agreement, default notices etc? Also, I've noticed that they're calling me at least twice a day. I recognise the number, but don't want to answer it. I'm going to answer once and tell them to stop calling me, then send them the letter about phone calls. What do you think? Thanks all, I had a nice nights sleep for a change yesterday... d

Peeps, thank you for all your help. I have now submitted the defence. Fingers crossed as to what they do next... Thank you all again. darcus

PANIC! It only allows 8000 characters and I've got 14363 characters. Do I print out and send it to them instead? Or is there a way of attaching it? Otherwise I will have to go to the post office and send it within the next hour or so...

HI Where in the defence do I put this in? It is denied that the claimant may claim interest under the County Courts Act 1984 S69 as the purported agreement is a regulated agreement regulated by the Consumer Credit Act 1974 and the County Courts (Interest on Judgement Debts) Order 1991 (No.1184 (L.12) ) section 2 (3) as the name of the order implies, is applicable only to judgement debts. Do I give it a paragraph number?

Thank you for these. I will put this together on the document, what I don't know is exactly where? Halifax have not complied with my CPR request, I think I understand it says that they are in default of my request, but I'm not sure - have I read it right? Also, as Sunday is the last day, do I have until then, or until tomorrow? I will scan in the proof of postages, as well as what they've sent me - will that be sufficient for now or will they need originals to be sent to the court? Thanks for all your help d

bump

22nd is rapidly approaching only 3 working days including today - still nothing on their website and nothing at the court. Do I have to submit anything to court? Thanks

Received a letter from Calders today saying that they were going to take further action, also they've been calling me at the frequency of about 3 calls a day all of a sudden. Do I send them the 'bemused' letter or something? Ta

I received a letter this morning from Halifax saying that they were sorry that I was complaining and sent a leaflet on how to make a complaint. Do I make a complaint or do I just shut up for now?