Just an update on my case, I offered to settle (in full, less some) just before christmas, I still await a reply, I suspect, they think I will be skint by now and want me to grovel for a payment plan, so they stil have some hold over me, fat chance! Cash is here waiting for them! Ekim777

Yes I noticed Andy not being about, hope he is ok. He's top class. All I can suggest with my limited knowledge is to check and double check the main areas of your case in case you have missed something? Ekim777

I hope you manage to find some positive help! But bear in mind that it all seemed a lost cause for me, at one stage! Only the firm support of caggers and in particular Andyorch, so keep going for a long as you can! Make them fight for every penny! Ekim777

Hi, Thank you for the kind comments, yes it is a bit of a drop, attended the hearing last week, (the set aside hearing date was kept) the main jist was to allow the consent to go through, which it did. Funnily enough they sent a solicitor! they were as unsure as me, as to why the set aside hearing continued. So I just wait for the new bill to arrive then I can negotaite a settlement with them! Your case seems to be taking a long time, I hope it gets sorted soon. Ekim

I suspect the next step will be to draft a new defence based on what they have sent you. What you can do in the meantime is look at other cases similiar to your own, to get an idea of the stages. Letters from debt collectors and solicitors, normally bully you, tell lies, and try to generally deceive you, so just try and be bold, till andy gets back on the case. Ekim777

Hi Liir, you can tell if he is online or not by the green dot at the bottom of the name box, he is not online atm

Hi, hold tight someone will be along soon to help Ekim777

No a consent order to vary the judgement IE from £10800 to £1500 and to set aside the costs

I would see the back of them for £1500. And from my last performance I don't think I want to "chance it" if I got the same judge as last time, I could expect the worse! They have sent a consent form to sign and return Ekim

Hi All, Received the following letter from mortimer clarke sols: "our client is prepared to consent to vary the judgement ontained in september 2009 from the sum of £10800 to £1500 being the sum of the arrears stated on the default notice. And the costs order for £775 be set aside." What do you think? Ekim

Many Thanks Andy

Hi, Got a date for the set aside hearing, (end of November) I suppose that is a small victory? Or would I have got a hearing anyway? Ekim

Hi Andy, you are perfectly correct, I never thought of it that way! Kind regards Ekim

Hi Andy, Very clever ploy, your a genius at this! Submitted everything so its a waiting game now. Many Thanks for your help

Andy I'll have to say no anyway as I can't afford any more court fees at the moment.

well yes, the unarranged over draft charges and the advantage gold charges, trouble is I have no figures at the moment Ekim

Just Completing now, do I wish to make a counter claim?

Great, thank you Andy

DEFENCE 1 The Defendant admits having had a Current Account with Overdraft facility with NatWest (RBOS) and which was regulated by The Consumer Credit Act 1974 (The Act). Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution. No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which NatWest and/or the Claimant may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that any agreement was properly executed and/or is now enforceable in whole or in part. 2.A request for information concerning the Claimants Claim was made by CPR request dated 28 September 2009 to date the Claimant as failed to fully comply with this request and await any Termination Notice and statements in support of their claim. In particular I have never received a Default Notice or Termination notice. 3 Without prejudice to the generality of the facts and matters set out at paragraphs 1 and 2 above, the Defendant admits non receipt of a Notice Served under Sections 76(1) and 98(1) of the CCA 1974 Termination Notice relied upon by the Claimant, to enable lawfull Termination of the facility. 4 Further, incorporated within the sums demanded by the Claimant are sums claimed for administration fees, Overdraft Interest and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of any breach on the part of the Defendant. Alternatively, the Defendant avers the incorporation of such claims is penal and unenforceable at law. 5 Further and in any event, by reason of the matters set out at paragraph 3 of this Defence and the requirements of section 87(1) of the Act, the steps taken by the Claimant and identified at paragraph 4 hereof were steps which the Claimant was not entitled to take. 6 Amendment to the CCA 1974 from 1st October 2008 requires the Claimant to issue annual statements to any alleged balance outstanding it is avered that the Claimants has failed to comply with this legislation. 7 In the circumstances failure of the Claimant’s Notice nor its termination of the agreement gave rise to an entitlement to claim any of the relief now sought by the Claimant. 8 The Claimant’s claim to be entitled to £xxxxx or any other relief following termination of any agreement is denied. Signed 08 October

will do, thanks

Hi Andy, many thanks i'll get that done and submit it asp ekim

No DN, No reference to termination I have just checked all the mail from shoos

Hi Andy, so I just leave out paragraph 4 completely? Ekim

Hi, on the suggested defence, a paragraph makes reference to a termination date (november 2008) I do not have any date to submit. What would I put in this case? Ekim

Hi Andy, Thanks getting the amended regs, thanks