Ok here are the letters I sent to the court claim solicitors which were delivered recorded delivery on 15th April 10. letter 1 I am writing to you with regards to settling the account with Blackhorse without the need for court action. The following payments were made to MFI for the products purchased 19th August 2008 for £1300 & 6th October 2008 for £737.85, evidence of bank statements have previously been provided to Blackhorse. The Credit Agreement was conducted on the 17th September 2008, as I was informed that the kitchen could not be delivered until the bathroom had been paid for. I made a payment of £567.15 in cash, but believe I will struggle to provide evidence regarding this, due to no receipt. However an insurance payment for £278.69 was made and this is no longer effective as MFI went in to administration. I am offering £288.46 as a FULL & FINAL Settlement of the account and without any admission of liability to the amount claimed, please confirm by return that you can accept this amount as settlement to the account and that no further amounts or monies will be required in relation to the account or the amount claimed, and that the account will be settled, closed and cancelled and the balance put to £0 and that you agree to withdraw your court claim, furthermore, if you are willing to accept this settlement payment in relation to all and any matters regarding our relationship, then I respectfully ask you to make an entry on my credit files showing the termination/cancellation of the account as- settled and balance £0. If you are unable or unwilling to accept the settlement cheque enclosed/attached to this letter of FULL & FINAL Settlement by the terms the said cheque payment is tendered by, then I respectfully ask you to return the said cheque settlement payment to me within seven (7) days from receipt. I must advise that should you find this offer of settlement to the account unacceptable, then I will vigorously defend against the claim and prove with documentary evidence that I do not owe the amount your claim alleged is legally owed by me. I would like to express my gratitude to you in advance for your kind consideration and urgent attention to this communication and I would like to add that that I am sure that you will agree that this would seem to be the best solution in ensuring a satisfactory resolution to this dispute between us. I shall look forward in anticipation of your swift response. Yours faithfully Letter 2 CPR 31.14 Request On 9th April 2010 I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest part of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18. (1) The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 The default notice. 3) Full Breakdown of account. (Sales Invoices required) A full break down of calculations including all products and prices of items purchased in the sales invoice, as to how the claim amount figure has come about, including rate of fees and how incurred and costs and how incurred, and the original alleged amount of monies owed. 4) Termination notice 5) And any other documents you tend to rely on in Court You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. I look forward to hearing from you. Yours faithfully I enclosed a cheque from a third party and today the cheque was cashed. I have acknowledged my court claim as will defend in full and will wait for the next response. Many Many thanks Mould, could not thank you enough for all your help! Feel really joyful today may even have a beer. Johno

Full and final cheque was cashed today. hope thats the end of it

Just checked royal mail recorded delivery and CPR letter and full and final offer was received today thursday. So seven days and counting. need to acknowledge court claim by ten days.

Excellent thread and reading with great interest. Good luck!! Johno

Thanks for your input. I sent HSBC a letter stating the dates that the loan protection payments had gone out of my bank in 2001 & 2002, without giving any figures, just dates with copies of bank statements as evidence. I have had a letter back with all the loan account numbers that they are looking in to and should be providing me with a reply by the 26th April 10. (8 week time frame up by then) So HSBC provided me with the account numbers without me even asking, makes life easier. Will keep you posted when I get a response. Johno

hi all Just an update, I have heard nothing since I sent Fredrick International a letter informing them that the account was in dispute with Argos. That was in NOV 09, so all gone very quiet. Johno

Just an up date. account has now been passed to moorcroft after not hearing anything for quite a while. Just sent letter of to moorcroft informing them that the account is in dispute with skycard threatening court action, so let's see how they respond Johno

Thanks mould for all your help on this thread. Just sent two letters off recorded delivery, one offering a F&F offer and another CPR letter, highlighting information I require to be able to defend my case in court. Will post up at a later date as do not want prying eyes to see my posts. Hopefully will have more info within the next 7-10 days. Many thanks

Do I send the payment & CPR letter to Blackhorse or the solicitors of Blackhorse listed on the court papers many Thanks

No Letter Before action letter. Just notified me that they have passed it to the claims department to see if they will take legal procedings. Many Thanks again for your help. Will let you know later in the week, and any further help i require Many thanks again!

Thanks for all your help Mould One last question, I am disputing the value of £278.69 if you noticed on my previous post 6. As this was due to insurance on the products purchased through MFI, but i believe I should not have to now pay this as MFI have gone in to administration, so now have no cover. Also I was given no choice not to purchase this. so that is the reason for only owing £283.46 Does this seem ok

yes will get letter sent off Monday and will see their response. should I wait 7 days and see my response. Will i be defending the whole claim or part of it Can you show me the way to a CPR template and what should be included in this Thanks Johno

think I will borrow the money, does this mean that the default will also get taken off my file.

sounds good, dont have the money until the end of the month, so should i send the letter and say i will pay within 14days of receipt of acceptance. and who would be the third paty - family member Thanks

So lost sorry Is their a template letter and what docs do i need to ask for. How do i respond to court now, and about i require further evidence. What happens if they have not replied before 28 days is up, how do i inform the court then. Many thanks

Cheers for your help it makes me feel a lot better knowing someone agrees with me, and i am not going mad. How do i go about my defence, do i dispute the whole claim or just part of the claim. i admit I do owe them a few hundred, only because i cannot prove the cash payment I made. How do you write your defence

Blackhorse want me to cliam the amount I have paid to MFI through a credit card dispiute then pay them directly. Maybe because MFI have gone in to adminstration and they are trying to get their money back. I feel really angry and frustrated at having to defend it, they are just trying to scare people in to court so that they might not defend the claim, due to not knowing what to do, like me.

How do i go about this!

They are claiming £2605 that are owed the same total as for the bathrooms that were delivered the rest is fees and court costs, now totalling £2965 Many Thanks Johno

I agree should only have to pay for the goods delivered, i have done that bar owe them £300-£500. I now have a default and they wanted me to continue paying them £150 a month for over a year whilst this has been going on. i would of paid the balance off and struggled to see any of my money again, not got court papers, so annoying, but will defo fight this one all the way. Just need a bot of help, as really in my depth now!!

cheers Mould Products bought through MFI. Earlier post 6 tried to explain my dispute, hope you are able to understand it Many thanks Johno

The gist of this mess is as follows:- 10th November 2009 Agreement No:- ????????? I am writing to you regarding my dispute on the above agreement number. On the 14th May 2008, I entered the MFI store in Lancaster and ordered a kitchen and two bathrooms for £8300. Ensuite:- £1405.00 Bathroom:- £1200.00 Kitchen:- £5695.00 On the 19th August 08 I made a payment of £1300 and on the 6th October 08 I made a payment of £737.85 to MFI Furntiure Centre Lancaster (HSBC statements enclosed) and also £262.15 cash payment (cannot find receipt) Credit Agreement signed on the 6th september 10. I received delivery of the bathroom and ensuite but the kitchen failed to be delivered, due to MFI going in to administration. £8300 - £5695.00 (kitchen not delivered) = £2605 Payments made £1300 + £737.85 = £2037.85 £2605-£2037.85 = £562.15 I believe as MFI have gone in to administration I am not liable to pay for the insurance for the bathrooms £133.09 + £145.60 = £278.69. £562.15 - £278.69 = 283.46 owed to Blackhorse.

Morning Mould Received court papers yesterday Friday. The particulars of claim are:- The claimants claim is for the balance due under a credit agreement regulated by the consumer credit act 1974, following default in payment. Date of agreement 6th Oct 08 The claimants claim is for the balance due>>>>> I have received the CCA and all in good order, I am only disputing the amount. It was for products purchased through MFI which i have made payments and the credit was through blackhorse. MFI went in to administration and only part of the goods were delivered. Blackhorse seem to be saying to me to dispute my payments made to MFI through a credit card dispute, but I have refused as payments were made to MFI before signing the CCA. Hope that is clear, hard to explain, so complicated and difficult! Many Thanks for your help!

Cheers Mould I have had my default notices that are posted on my Blackhorse thread by cerbs and they are all in order. The question is i am disputing the amount as I have made payments. Do I use the CPR route to ask for them to provide a sales invoice of a breakdown of all products and prices that they claim to be the amount owed. Do i do this by CPR 31.18 letter. Also do I write to the court just to inform them about this, if the time is getting close to putting in a defence, due to awaiting relevant documents. Many Thanks

Cheers Cerbs No only ever demanded the arrears. I have received court papers and have started a new thread regarding this Thanks