DD, I have just read this thread through in its entirety - it has been 40 minutes of my life well spent! Thanks and congrats! CM

It is a nightmare, but I've had such great help and advice from folk here it's all starting to come together. I know it seems very over-whelming - I too felt like you, but if you try and read in bite-size pieces and apply each piece of information to your case it will come together. I have spent huge amounts amount of time studying practive directives and Civil Procedure Rules so I can always back up every argument I make. Yes, it is time consuming and sometimes soul destroying, but each time I feel down about it all, I look at my little girl and know that I have to fight on. I, like you and many others here, have been wronged, and it is up to us to prove it to sometimes prejudiced courts. I didn't even know until doing some research and coming on here that I had been wronged but now I know I have it's time to prove it. It will be worth all the time spent reading and digesting - please please please don't give up - you will find the help and support you need here. As long as you understand why you are writing these template letters and the CPR and practice directives behind them you will be fine. It will come, I promise! GOOD LUCK!!

Replies below in red:

Hi GH, answers in red below:

Please see replies in red below: By the way, assuming nothing lands on my doormat from Optima on Monday 26 (having received CPR31.15 request on Monday 19) if I were to file my N244 with the court by recorded mail on Monday 26, what would happen if I received a letter from Optima on Tuesday dated prior to the expiration of the CPR31.15 deadline?

Yes, please see post 18 of this thread.

Oh my goodness! The plot thickens! The PoC details the individual card amounts due but the Money Claim does indeed add both together. Is this something to point out to the court as well? What directives / laws are being broken here please?? I'm not going near S78 now - I have requested the same info via CPR31.14 and CPR 18 (which they have already said is inappropriate and both deadlines have now passed) and by CPR31.15, the deadline for which expires Monday 19 July. Nothing received in the post today so can I proceed with my N244? If so, may I please ask for some assistance in completing the N244? If I can blow them out of the water at this stage it would be great. Under the S78 request ruling, not only did they miss the deadline from my original letter of 15 June, but they are way over their self imposed deadline for acting on the S78 request (ie 21 days from the date of receiving my letter, being 21 July). Hence I am now following up under CPRs. In respect of my offer made to Optima, one of their letters stated that if I only paid £10 per month it would take me 94 years to clear the debt, so I think they are going for the charging order based on my realistically having little chance of paying the debt off over a period as it's so large. That said, OH could get a job tomorrow and our entire circumstances could change! OH losing his job has been the main reason I've ended up in this stew, as I've single handedly had to take on the mortgage and other priority payments out of my sole salary. Optima don't care about that, doubt the court would either to be honest - courts generally don't do sob stories do they?! If MBNA routinely destroy their agreements after scanning, if I N244'd Optima would they have to 'fess up to the court rather than to me? I wonder how the court would deal with that? Any and all advice gratefully received, and thanks again to all who have reponded so far - I'd never have learnt so much and got so far without you! All the best, CM

I will send a copy to the OFT. My fight is returning!!!

Elsa - thanks for the support. The CCJ doesn't even specify what Optima are looking to acheive - they seem to think they can put a charging order on the property regardless. Maybe copies of this correspondence, the fact that they did not send a proper letter before action plus the refusal to comply with CPR31.14 and CPR18 (plus the fact that if I receive nothing by Monday they will not have complied with my CPR31.15) may be enough to move forward with a strike out? I'm not keen to push forward under S78 with Carey lurking under the surface...

Further update - OH has just texted to advise that there's nothing in the post for me from Optima. This presumably means that I'll either get something tomorrow or Monday....????? Monday 26 July - CPR31.15 deadline up as they received request by recorded mail on Monday 19 July.

Hello again FG, responses in red below: If I go for the strike out at this stage, is it likely that I will win??? Having been looking at Carey v HSBC I suddenly don't feel very confident, although perhaps my CPR requests overide my S78 request? I'm so confused and feeling a bit wibbly right now...

Hi Elsa, thanks for your visit to my thread and for your help. Please see my replies below in red: Finally Elsa, your signature did make me smile. I'm trying to be brave and push on with things as logically, it's all I can do, but I have been struggling with the stress of this and life in general over the last couple of days and things have just got on top of me and I want to burst into tears Thanks for the support - I'm feeling a little better now

Just for information, Optima have now defaulted on the deadline they set themselves for complying with my section 78 request. Unbelievable. I am, however, expecting something through my door either tomorrow or Saturday in respect of my CPR31.15. Can I please clarify the dates - received by Optima on Monday 19 July, should have received response in post no later that Monday 26 July, N244 in post to Court on Monday 26 July via recorded mail. May I please have some advice on how to word my N244 (just in case!) as while I know I am asking the Court to ask Optima for an original copy of my credit agreement I am not sure of the proper way to word it. Also, the N244 asks if I am attaching a draft of the order I am applying for - I am not certain what that means. Any advice gratefully received - many thanks as ever to you all.

Hi Wycombe, thanks for the update. Great to see all the help you are getting - you are well on your way. Isn't it awful though, how you have to do so much to prove that credit agreement laws etc have been breached. Still, the end will justify the means, I feel sure of that. You can never be too prepared! Hope they don't keep you waiting about too long for your surgery. All the best!

Insolvency Practitioners are regulated under other bodies too, so your best bet is to keep monitoring Companies House (liquidators / administrators are obliged to file notice of their appointment with Companies House. If a company is insolvent an accountant will normally advise a director to seek the advice of an IP - it's not a legal requirement for a company to employ an IP but if an accountant has advised them that they are trading insolvently a director would do well to act on this advice. I am not certain that DBIS will be able to act until a formal insolvency procedure has begun, and even then they would not speak to anyone about their findings. The director should have your details if you are a creditor, so chances are if he has contacted an IP you will be contacted anyway.

Hello Wycombe, how's it all going?

It would seem so. Do you know if the company is subject to any kind of insolvency proceedings? If the company is placed into administration or creditors' voluntary liquidation, the appointed liquidators are obliged to prepare a report on the conduct of the directors and lodge it with DBIS (the former DTI) within 6 months of their appointment. Queries such as yours would be dealt with under such a report. However, please be advised that these reports are 100% confidential between the administrator / liquidator and DBIS - the outcome is never divulged. If someone petitions for the company to be wound up (a compulsory liquidation via the courts which can take up to 4 months or longer to occur) the Official Receiver ("OR") will be appointed and he will deal with issues relating to the directors' conduct. If there are potential assets the OR will hand the case to an appointed liquidator, if not, it will be dealt with by the OR's office. Hope this is of some assistance!

Hi FG, replies in red below:

Been reading up on N244 and having a panic - £75 for the N244 application is a lot, particularly when I suspect the court won't accept my request for the set aside I don't qualify for the fee remissions either. I'm guessing the court won't set it aside??

me again - if my CPR 18 request has also been brushed aside, is there a chaser or does this also go on the N244?

Thanks for your input FG. Please see responses in red below: they haven't yet sent me a copy of my agreement! Should I hold fire on the whole letter?

Hi Pugface, my DN and due date are exactly the same as yours! However, I do not yet have sight of my credit agreement! My thread may of interest to you: http://www.consumeractiongroup.co.uk/forum/legal-issues/266440-ccj-defence-due-please.html#post3017281

Good advice on here Ernie. Hope all goes well for you - please let us know. Hope you get some rest.

Hi Vint, thank you so much for taking the time to visit my thread, and comfirm that unlawful repudiation has in fact occured in my case. I have filed my embarrassed defence and have sent my CPR 31.15 off - hopefully it will be received by Optima tomorrow. One of the great things about this site is that, besides the guidance provided, people post links to CPRs, practice directives etc so from day one I have been able to do my own research and I can certainly say that at this stage, I understand everything I have requested, the reasons why I have requested it and how my requests and the responses will affect my case should it come to court. Now I understand that unlawful repudiation exists in my case, please can someone confirm at which stage of proceedings should I write to MBNA to accept it? If that time is now, is the letter below ok, do I send it by recorded mail and how long should I give MBNA respond to my request? I refer to your Default Notice dated xx 2010, posted second class (this is likely to be true, although I can't actually prove this as I don't have the envelope, should I keep this sentence in regardless? I don't want to harm my case in any way by stating anything that I do not have absolute proof of, unless my SAR (when I receive it) will confirm?) and received by me on xx 2010 (again, I don't know the actual date I received it) and your subsequent termination of the agreement on xx 2010. The default notice failed to give me the required statutory time limit in which to seek legal advice and / or remedy any alleged defect as laid down in the Consumer Credit Act 1974. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. The actions that you have taken have resulted in you unlawfully rescinding the alleged agreement. I accept your unlawful rescission of the agreement and, as your solicitors have demanded the full balance due on the back of this defective default notice (is this part overkill or should I play my cards closer to my chest?) I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission. As ever, all advice gratefully received.

OK. Well, the DN did not demand the full balance, to remedy the breach the arrears were requested so that sorts that out. Presumably the account is now terminated, else they would not have been able to commence legal proceedings against me. However, the DN is defective due to my not having sufficient days to remedy the breach, and my first piece of correspondence from Optima Legal states "we act for MBNA who have instructed us to secure payment from you in the sum of £full amount due", but this was 1 week after the remedy date provided in the DN. I'm assuming this doesn't count as unlawful repudiation?