We should start a club.....call in the phoenix club

Hi martin thanks. so do I use form n265 as well or just copies and index? Also what do I do if they dont comply with order? as so far I have not heard a peep from em, so am no wiser now than i was when claim form arrived and i dont know what info etc they have.......

Hi thanks guys Do I have to use form N265 then?? To be honest now I'm beguining to feel out of my depth here. ...... Do I send my bundle to mortimer clark?? or just take it to court? Because it's fast tracK do we go into a room with judge and claiment or is it in real court where your cross examined?(sorry I have brain freeze:confused:)

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Hi just been reading through this and am really sorry that you lost. I feel impending doom for my own fight but I must be strong no matter what. I hope your both ok, you should be proud of standing up to these "people", going to court is no easy thing, and think of all those who dont stand up to them!! Take care fedup

AND whats a disclosure statement???

Hi all Recieved order today....have a nosey, help needed pls peeps... allocated to fast track disclosure of documents to be dealt with as follows: All parties shall give to all other parties standard disclosure of doc’s by serving copies together with a disclosure statement by 7th may and any request to view the original copy docc be complied with by 14th may. all parties shall by 4th June serve on all parties witness statements neither party can rely on or adduce the evidence of any witness blah de blah with out further order pre trial check lists to be in by 2nd July claim listed for trial end august/sept for 3 hours costs blah blah Basically if we want to apply for a set aside or stay we have to apply to court (of course PAYING A FEE!!!!) 7 days from this order. So all the doccuments are the evidence we have against this "overdraft" claim. I am taking photocopies of every statement plus letters etc relevant to this case. Is there anything else I should take? When it says we have to serve on all parties...does that mean we have to send them to Mortimer clark?? That would cost a bloody fortune!!! Plus they have just ignored my requests for info so why should we? Cant i just hand it all into court for them to pass on???? Also the witness statement....what sort of thing should we put.? Thanks for reading fedup

Yes spamalot....I sure know what I'd like to shake!!!!! Good idea though, perhaps this could be set up soon.... as im sure there will be many more peeps wanting advice soon........

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:confused: fedup

Just been checking with Experien and theres a default on my file put there by Robinson Way(????) in default from 2006.....it says its for creditcard/storecard from november 1994 and its giving me a big bad red 8!!!!! How do I go about sorting this out??? Like, WTF is it for starters!! Should I ring RW and ask them?? Best thing is thats the only bad thing on it!!!!!!!!! Any advice?? fedupagain................

Ross co I am really sorry to read you lost this appeal. This backs up my thoughts on us CAGers posting annonymous stuff about DJudges and how they carry on. We should be able to if they are going to carry on like this!!! It's unreal....this sort of decision is going to give Phoenix/Marlin all the more reason to carry on what they are doing.....issuing claims willynilly...flouting the law and getting away with it and the judges are on THEIR side!!! UNBELIEVABLE Are the courts in a pact with phoenix???? Or is there association there somewhere???? Makes you wonder dunnit..........

Also.....there should be a way on this website that we can annonymously record the dealings we have with the various District Judges so that if anyone else comes up against that judge then they know what hes gunna be like!!!!! I know its not possible .....but I can dream cant i!!!!!!????????

Spamalot my thoughts exactly!!!!!! There should be a forum for these monsters to show just what they are getting up to!!!!! would it be possible to set one up??? I have just been looking over the statements that relate to this acount marlin are claiming for and it was open for 11 months and they (first direct) managed to charge us £1070 for returned cheques and overdrawn fees ( the limit was £250 ) Just wondered if theres anything I could do about that or is it too late??? These are made up of returned fees and charges. Thanks for support!! fedup

Hi craftygirl and thanks Your right, I rang court on thursday to see what was happening and they have submitted their AQ and it was waiting to go before judge so will see what comes next. It seems as though Marlin/Phoenix can and are doing just as they like and it needs to be addressed.......I dunno how they get away with it!!!!!

Subbing Phoenix/Marlin/Mortimer Clark Sols again!!!!!

Hi thekat1979 I actually handed my AQ in a day before it was due and they managed to "misplace" it and the claiment did not hand theirs in at all ( how many times are THEY late handing things in and the judge never comments!!!) so basically the judge gave both parties another 14 days to file AQ or be struck out....I was sent ANOTHER AQ to fill in, and then my first AQ appeared. So now they have 2 AQ's for same claim!! You did your best and as you were unaware of early closing (as would I and many others have been) what else could you have done, but take it in tuesday morning, and make sure you get a reciept for it for your proof of delivery (the guy I handed mine to photocopied the front cover and date stamped it with the court stamp) Good luck!

Subbing Sending my support through cyber space babegem!! Seems Phoenix are going to be very busy!!! http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help.html

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Hi another update, I rang court friday and the women was really nice .......(dont ever be nervous of ringing in and asking ANYTHING to do with your case, they are very helpfull) She said they DO have our first AQ and its on file that we both defendent 1 and 2 have returned them so phew!!!! Secondly with regard as to why it went before the judge on 24th ....well thats because the nice claiments wrote in requesting it go before a judge then asking for a stay!!!! So thats where the order from judge came from (DOH!!!) and it seems he gave them 14 days to either file AQ or its struck out....and thats 4 pm today so fingers crossed they dont file theirs. BTW they now have TWO copies of our AQ so should be in no doubt we are not going to back down!!!! Will post soon as I hear whats happened as it said on order:- "without further order from the court".... so that should mean it wont be going back to judge if they fail to file AQ........ fedup

Hi there, have a look at the app form they sent me in reply to my cca request....here:- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176588-rockwell-cca.html M&S are getting very stroppy now and have passed this debt onto another DCA who very nicely offered me a doorstep visit, which I'm now waiting for, and when he comes ..sorry IF he comes then I will report him for tresspassing on my property!! Never the less, the app form is still unenforceable like yours, but M&S think it is (basically had same letter saying they believe its enforceable)... Fedup

Hi CCM, yes I am annoyed with it all because their incompitance could lead to our defence being struck out also.....so have decided to make a call in morning to court manager asking status of our 2 AQ(!!!!) and will do same monday and tuesday and wednesday and untill they are fed up of me ringing that they beg the blooomin judge to look at then!!!! The court is quite near me anyway so I'm lucky I can also go in daily if I wanted to just to really get under their skin..................

Hi just got back from county court. Showed guy the order I recieved yesterday and asked him what it meant. He said he had no idea why the judge had not looked at my AQ, (it was him I handed it into last week) when the last day for handing it in was friday last week....so I was in time(!!!!!!!!!!!!!) but he said it might not have been processed in time(!!!!!!!!!!!!!!!!!!!!!!) and anyway the case had gone before the judge on 24th(!!!!!!!!!!!!!!!!!!!!!!!!) So W.T.F did the AQ have a date on it then(?????????????????) Anyway...I had filled in the SECOND AQ this morning before I went so I handed him that one and got a reciept for that (!!!!!!!!!!!!!!!!!!!!!!) He said claiment had not filed their AQ in to date and if they dont by 4pm on monday then its struck out. (everythings crossed) I am left feeling very nervous cos it makes us look like we have not handed the AQ in on time when I clearly did (I attached reciept for 1st AQ to 2nd AQ so hopefully it WILL get seen by the judge at SOME point(!!!!!!!!!!!!!!!!!!!!) Whats the flippin point in us sticking to dates if the court does what it wants(????????!!!!????????) FUWD

Thanks, yes I thought I would ring and ask them tomorrow first as to why this has been ordered, and also fill in the new AQ as I have all the stuff I need to do it.....and then take that and my reciect (the guy photocopied the front cover of both AQ and date stamped them) into court and see what happens.( I even took a friend as a witness to me handing it in!!!!!) See what i dont understand is that It did not have to be in untill 27th and I took it in on 26th so I was on time.....What do you have to do to get a copy in front of a judge???? Also am tempted to put "No" instead of "yes" in answer to question "do you want a stay"....what do you think?/