Ok, realised I need to bring you up to speed. About 6 weeks ago Dartford CC found against me and I submitted my objection in writing (within 7days). As for Northampton CC, I paid the fee to have my N244 objection heard but did not get a response. I copied everything to Dartford CC in my last objection.

Thanks again Andy. If I defend do I submit a N244 citing CPR3.3 that the claimant has not followed pre-action protocol procedures correctly?

Thanks for the info Andy. What would be my next move? Bill

An interesting development, I Think? Just got a letter back from the court and reads as follows, "The contents of the Defendant's letter are noted. This letter is not as application and is inadequit to challenge the Judge's order. The defendant should seek urgent legal advice and look at CPR3.3(4) and (6)". The court originally found in favour of IDR and I objected. Cheers Bill

Hi Andy, IDR submitted an application to court asking for an expired stay to become active. Citing an investigation as to their legitimacy to my MBNA debt plus claiming it was an oversight on their part that the stay had expired. As it took nearly 2 months for them to respond to my letter and the documents they supplied are incomplete, I've submitted an objection to the court with evidence of postal receipts, their documents and my summary asking that the case be set aside as the original court application was in error. IDR claimed they 'owned' the dept so when I challenged this I wanted to see all contract and transactional data. In their N244 application they claimed they needed to 'investigate' their own claim!! Lets see what happens.

Where can I find a form/link to object to a N244? cheers Bill

Ok, I don't like their offer and have plenty of time to devote to the claim. I will write to them thanking them for their offer and see what they do next. Did the MBNA agreement I posted have any flaws in it? Thanks Bill

Hi Andy, Many thanks for taking the time in going through this. What shall I do now? Cheers Bill

Ok, Submitted my defence and got a letter from IDR They want me to sign a Tomlin Order and place a charge on my property. If I don't play ball they will ask for £2k to cover their legal costs. The fun part is they created the order on behalf of Northampton CC. The points of the agreement that grab me are 5, There be no leave to the claimant to enforce the voluntary restriction by any means. This is worthless!! and 6, In short (The Tomlin Agreement) shall be kept strictly confidential to all parties and their legal advisors. WHY? When I logged in to my case file I noticed they have not added these documents online NOR given me any time-frame to respond!! My Challenge: 1, IDR claim they are now the owner of my debt. Why have I not seen a letter from MBNA to vindicate their claim. Do IDR change my credit records? MBNA gets nothing? in short what does the agreement between IDR/MBNA state in relation to my t&cs. 2, I signed the agreement in 2003 in a Homebase store 3, The terms of the 2003 agreement are not the same as the 2012 agreement, WHY? cheers Bill

Many Thanks Andy. If anyone has comments about the particulars of the MBNA agreement I would welcome them thanks.

Andy, its done with a little improvisation! Bill

Hi Andy, Its done and thanks for your time. Bill

Hi all, In short IDR has decided they want to take me to court - fine! I've enclosed a copy of the agreement with MBNA (minus sensitive bits) along with the Court Papers. I never filled in the application form in 2003, just signed it as I didn't think i would get credit. I was approached by a Homebase Rep whilst walking around the isles and asked if I would like a credit card. I said what the hey and didn't think more about it - boy did I not see this coming!!! So what other bits of info should i submit to the court? Thanks Badboy....Bill

Hi Just done a SAR request and takes me back to 2003. Application form, interest charged, two entries one cash & other retail and then mid 2008 they change it to Finance Charged x 2, any relevance? cheers B

Hi, these letters are from DCAs who have bought your debt. As the original debt was in dispute and not resolved just file them away and enjoy your day.

does anyone have any suggestions concerning this agreement?

anyone know if these docs are valid?

rescanned the docs

Hi, Rescanned the docs, anyway, found my car loan agreement and wondered if it was enforceable? It also has PPI onit. The thing that bothers me the most is the PPI amounts are not on the 60 month repayment table (pg1) but are included in the Termination Rights section (pg2). thx carloanpage1.doc carloanpage2.doc carloanpage3.doc

There you go Monkey, get searching for a no win no fee solicitor. Thanks PT.

Understood, To help Monkey....he's gone through the letters and now wants to take the next step. Is it worth Monkey finding legal representation, paying anything upto £500 for the CFA, should his case be accepted and wait for the court date?

PT, thanks, no harm in explaining potential consequences of actions. The approx costs involved in getting declaratory relief?

The declaratory or the relief part?

As you know pre action protocols dictate before you go to court and should the lender find the agreement they must submit it to the court. The court then sends all evidence to the other party who then has time to scrutinise the lenders submissions. Should the agreement be part of those submissions and be enforceable whats the point in all the letters you've been sending? At least Monkey has the answer he was looking for.

Johnny, now you know why they won't bother with court action. Its cheaper to screw their clients by destroying their CR. Whats the point of spending all that money going to court.