Hi Andy, I'm dropping the N244 into the court post box very early in the morning so they get it first thing. I read your advice and need to clarify to ensure I get it right: Just submit it and serve them a copy...still without hearing and same fee. Need to get their consent beforehand? Request an order pursuant to CPR 23.8 (with their agreement) What if they don't agree? Do I quote CPR 23.8 AND CPR 26? On form N244, what do I answer: Have you attached a draft of the order you are applying for? What does this mean? Who should be served with the application? Claimant? Court? What information will you be relying upon, in support of your application? Do I select "the evidence set out in the box below" and provide a copy of our complaints to the FOS and ICO? Sorry to sound dense but this is unknown territory!

ok will do - and if claimant doesn't consent?

Great thanks, presumably N244? Trial is 20th so what is the latest date we can submit it and how much will it cost?

Thanks Andy, very helpful. So Eversheds are big-time liars coming up with a figure of £19k? Is there any mileage in trying to get the case stayed/postponed/struck out on the basis that we have now submitted formal complaints to the ICO about the dodgy data on our credit files and to the FOS about their general conduct?

Mortgage and loan are both in joint names so no joy there. We have complained to ICO and FOS so are hoping this may suspend proceedings?

Just a thought - my mortgage is with Mortgage Express who are no longer lending and won't accept second charges? Does the mortgage lender have to give consent to a charging order?

New trial date is 20th November so we have upped our offer to £20k payable via a Tomlin order at £20 per month. This has been rejected and we have received the following counter offer: - £30k payable at £40 per month - our consent to a judgement being entered - our consent to a charging order against our property. They are saying their costs now stand at £19k plus the original debt of £27k, hence the revised offer. Given that their underhandedness has been the subject of our complaint and subsequent referral to the FOS, I was of the understanding that there may be grounds to halt this trial until the outstanding matters are resolved. Any ideas much appreciated as this is getting a bit too close for comfort now!

N244 says: An Order that the Court give Summary Judgement against the Defendant on the whole claim because the Defendant has no real prospect of successfully defending the claim or issue and there is no compelling reason why the case or issue should be disposed of a trial pursuant to CPR 24.2(a)(ii) and (b). Attention is drawn to CPR 24.5(1)(a)(b) if the Respondent to an application for summary judgement wishes to rely on written evidence he must (a) file the written evidence; and (b) serve copies on every other party to the application at least 7 days before the summary judgement hearing.

Hi Andy, not understanding what you are saying? Should I apply for a strike out or to submit a defence?

Just got through the post the notice of hearing of application at my local court on 25th November. I opted for mediation but didn't hear any more and then a letter from Northampton stating notice of transfer of proceedings. 1st Credit have attached a witness statement and N244 but I have not been asked to provide a witness statement as I thought it was going down the mediation route. The credit agreement quite clearly shows my current address not the address at the time and is not signed. Also, there is a screenshot showing a default notice having been issued on 02/06/2009 but the default template enclosed has already personal data blotted out, including name, address, dates and amounts payable. The reference on the template default corresponds with the screenshot though. Any suggestions on how to proceed?

A trial date has been set for 23rd Oct even though we were told it would not be before 17th Nov. We got a call from claimant wanting to "resume" trying to reach a settlement. We made an offer of £10k and they are saying claimant probably won't accept less than £27k (the full amount but without £10k that have been accrued). Any suggestions on what to offer next and what they may be likely to drop to? They admitted that RBS are "investigating" the false reporting of data on my credit file but they don't think it would affect the claim in court (our argument is that credit files have been deliberately misreported in order to make them fit with a new "correct" default notice. Any thoughts? Would prefer to settle but not at £27k.

So we could counter-claim if we pay a fee, presumably £500-£600 and amend WS statement if required?

Other side are putting the pressure on to settle before the end of tomorrow as pre-trial checklist and fees are due in court by Monday. They are saying the window for negotiation will effectively close then. We don't feel that settling on £20k is acceptable given the blatant disregard for the law that has taken place and the underhanded ways in which they have falsely reported information in order to get a "correct" default notice. Are you saying that no amendments to WS or counter-claims can be made once pre-trial checklists are in?

Had an interesting chat with FCA, FOS, Experian and the ICO today - here is the link: my credit report shows a default dated April 2013 with late payments in the preceding 6 months leading up to it. However, it shows up to date payments (green lights) for 40 months before that, even though no payments were made during this time and even though they took us to court during this time with an incorrect default notice. Incidentally the balance on the credit report shows the same outstanding debt for the last 5 years. Here is the problem - either we made payments during that 40 month period, in which case the balance would have reduced month by month. Also there would have been no legal action in 2012 because according to the data passed to Experian there was no issue with our payments at that time. Or, our payments were in arrears during that time in which case the information passed to Experian has been deliberately falsified because they appear to be up to date until a few months before the default notice is issued - it looks like the data has been amended to fit their purposes. Either way, Experian are not pleased as it puts them in breach of the Data Protection Act because the data on the credit file is misleading. The ICO are also not very happy and have suggested that we counter claim under section 13 of the Data Protection Act for damages caused by misleading information. The FCA, along with the FOS, are also "very interested" in finding out more about the unfair treatment aspect of this, for example, sending in Ascent and Shoosmiths at the same time to pursue the same claim, targeting Mrs Dpac only, closing down our bank accounts without telling us, creating an overdraft for the purpose of creating fees and falsely reporting our personal data to fit their reissued default notice. I'm not sure what to do with this - there are some clear issues here - maybe enough to stop RBS in their tracks, maybe not? Should we be looking to settle or does the threat of FCA/FOS snooping in their business and a potential counter claim encourage them to drop the case?

Pre-trial listings deadline is 22nd so presumably this is a limited window? And we dont really stand a chance at trial?

Are there circumstances in which applying to vary doesn't work? Should I pitch a lower offer or just offer £20k?

Just been speaking to Eversheds (again) and they are telling me RBS may accept a "reduced" offer of £22k where the total debt is £27k + £7k costs so far. Pre-trial checklists are due in on Friday 22nd so this is apparently a "narrow window" to settle with a Tomlin order. I'm happy to try and settle because I could do without the stress of going to court and the possibility of a judgement - also wondering if a judge would order that payments are made in one go, which could mean us losing our house! Realistically some pointers on how much we should offer would help - Andy suggested starting at 40%, is this still worth trying?

Would I have to pay £5-8k costs if we settle? If so, how does it get paid?

What kind of costs would I be looking at? I would only be able to pay about £25 per month on a £25k debt - are they likely to go for that if that's what my budget reflects?

They were talking about an amount per month based on my budget. I said I was concerned that they could increase the amounts without my consent but they said according to banking code they wouldn't do this. When they previously offered a Tomlin order in 2012, they suggested £10 per month which would take nearly 200 years to clear, but at the time I thought I had a strong case. Realistically, should I let this go to court or try to settle?

they tell me they need to see my proposal along with income and expenditure - should I provide? If I was looking to make a monthly payment until a proportion of the debt is repay, is there a typical starting point % e.g. 50%, 60%?

Apologies, it was the witness statement you helped me with. I spoke to them as you advised a couple of days ago and they asked me what my proposal was. Are they worried because the witness statement is good or should I be entering into a Tomlin order?

Hi Andy, bit confused, this was the defence you helped me with! Got a call from claimants solicitors looking to settle by way of Tomlin Order - is this a good idea and if so, what kind of options should I come in with as spare income is non-existent. If there is a real chance of defending this then I would let it go to court, but I'm quite confused because info I have been given in the last few days conflicts info from earlier in this thread. Please help!

It mentions an incorrect DN and that the account has been terminated (through court action and because the bank account attached to the loan/overdraft has been closed without warning) - can DN be reissued in this context or is this defence valid against the POC?

Hi Andy, any thoughts?