The only thing i need help with now as the case is so soon is help with the statement. What do you put into the thing and what is it for? Is it something to set out your case?

Now i have gotten over the post count limit i can post a link to some useful images that are scans of files sent to me by the other side. Is it proper or legal to put these up? such as costs, witness statement and card user info. All are redacted of signatures and other personal information for obvious reasons. http://www.flickr.com/photos/58171096@N02/

I will check the details of the signed agreement now but it is basically the form you sign on requesting/getting a card.

Well that last post was very useful. My situation is that i am not the owner of the home i live in and have no other real debts. Good job you told me about the CCJ as i thought that would not give me as many problems with my credit rating. Would a Tomlin order not have the same effect. As far as employment is concerned i do just 2 days a week for just above minimum wage and anything else you need to know on my situation then just ask.

The list of what they gave me in my request is: Full list of yorkshire bank details for quite a few years. this incidentally is the sort of thing I would be using to get back unfairly charged interest and there is about £500 of that i could get so maybe i could use that to say "knock that off" so i won't need to go to another case to get it from yorkshire. Good idea? A copy of the agreement with my signature on it in regards the card including a typed up version of the terms and conditions that are not so visible on the agreement photocopy. The usual letter of reply. A copy of the Tomlin agreement That i think is it, so what now?

They gave me quite a lot actually including a history of bank details from Yorkshire etc. will dig it out today/night to get the full details.

They have rejected my offers and it seems they wanted a lump sum straight off. I could only offer say 2500 at 50 per month but they wanted £2600 up front or £3750 at £50 which i could not get the cash for either. Of course the £50 per month is within my means (just) but i am fighting for an overall amount that i feel is fair (ahem) regardless of how it is paid. I feel they are being quite hard on me here and are going to the claims court. I felt that putting in an offer or 2 in mediation would be a good thing for the court process and shows i am, really preferring to pay of some sum of sort and am not just trying to flatly running away from this. Could anyone here post any thread link up to advice on the small claims court. I have a month or 2 before the case so any advice on this part would be welcome.

So quite late (a month after the request) they send back the information on me. Now they do have my signature on the paper to do with the getting the credit card so i can't get away on that one. The problem is they have sent me a "tomlinson" agreement to sign and/or reply to within 14 days which is a bit short of time. It is for £4250 at £75 per month even after paying hundreds and hundreds to the bank and at least 3 representatives i am still back at the max amount. So would it be too much to offer to pay say £3000 at £50 per month or it goes to trial. Quick advice please needed.

Well i have run out of time and will send the above off tomorrow by next day delivery. I will assume there are no flaws and it is at least OK. More prompt advice would be nice.

here is a copy of what i am sending very soon so reply's soon please: Claim Number: XXXXXXXXXX Between Marlin Europe 1 Limited: Claimant And Defendant Defence 1. I, XXXXXXXXXX am the Defendant in this action and make the following statement as my defence to the claim made by Marlin Europe 1 Ltd. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- 4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written contracts referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant’s claim. b) A copy of the purported written contracts that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was apparently received. 5 On 27 June 2010 the Defendant submitted a request via first class mail pursuant to the data protection act 1998 for copies of any Consumer Credit Agreements purported to be the Defendants to the original creditor. a) The original creditor has not yet replied and so the Defendant may change defence according to what is received upon compliance with the request. 6. On 23 July 2010 the Defendant submitted requests CPR 31.14 via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The time limits in respect of these requests have not yet expired. 7. The Claimant is put to strict proof of the date of mailing of any Default Notices that they claim were sent and that their content was valid. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such a document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237). Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - (2001) GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - (1996 4 All ER 119). 8. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents. Statement of Truth I, XXXXXXXXXXXXX believe the above statement to be true and factual. Signed................... ......................... ................ Date..................... ......................... ................. Can anyone spot any flaws in this? Need advice fast as i have just a day or 2 before i MUST send it off.

I just used the templates for this such as: http://www.consumerforums.com/resour...est-debt-a-dca and CPR 31.14 Request Letter - Help please Then just edited it for my own use. You could just use that and change it to your circumstances or see if your own attempt matches the template provided above to see if it covers the same things or not.

I have sent the 31.14 off so that's another step done. Has anyone got any idea of how to write a cheque to Yorkshire bank IE To whom the cheque must be written? If i go into a branch as they advised then they could just bin the subject access request and i would have no proof i ever give them the thing so i must just do this myself. Also i know that Yorkshire bank is owned by clydesdale bank and will be sending the data request to them. Link here for help on data controllers: MoneySavingExpert.com Forums - View Single Post - Credit Reference File Clean Up Post Bankruptcy So do i make my cheque out to them? Also again any help or links to a thread on here as to what a "defence" is that I to get in in a few days?? There is 33 days from date of issue to hand in a defence so that for me should be August 1st (29 june +5+14+14) so i have a week left. I sent the 31.14 today by recorded so i might not get anything back in-time for it to be usefull to be a defence so it looks like an embarrassed defence may be in order. Have been thinking about calling this lot: http://www.harringtonbrooks.co.uk/Defending-a-CCJ.php Good idea?. I have not a lot of cash (bank account = near zero, tiny wage) and that is the main reason on stopping payments i was giving a lot of my monthly income to banks or debt collectors and just could not do anything else. I have not given anything in 3 or 4 years so it was odd they chose now to do this. Everyone i know said the same thing on the hopelessness on paying but that's why some get into trouble i suppose. One last thing did i need to send £1 in cheque or postal order with the 31.14? i did not do that. EDIT 23019283 I have found an example of an embarrassed defence here: http://www.consumeractiongroup.co.uk/forum/legal-issues/266440-ccj-defence-due-please-3.html#post3023397 I have read through it and understand a bit more on what an embarrassed defence is on about. Is the claim for here the one from the court?? the original CCJ form sent to me from the bulk centre? Indeed there were no written contracts attached what ever. I will amend this defence as soon as poss and scan it in as well as others forms to help people on here as i will put up links etc for viewing. Also: c) The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received. Specifically what sort of letter are we talking about. They have put into letters asking for payments (of the full amount0 saying court proceedings may occur on non payment so is that enough? i will hunt down all i can from all parties tomorrow and so if anyone here needs any details on these to help them give advice just ask and i will try to show. I feel like i am making progress and feeling better about this.

Used the first link (thanks for that) but added my name and address and their own to the top along with a date for the request and the same with the 31.14. Main question is when i phoned a Yorkshire bank helpline they said go into your local branch to ask them about what to put into the cheque (Yorkshire bank or Clydesdale?) for the request and they will process the data request. I said i would like to send it via recorded delivery but this was ignored and the advice repeated about going to the local branch. Is this ok? or cack? Hope i don't get fobbed off or anything.

Bump

Right it is this template i have used for the Subject access request: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca That the right one?? or this one?: http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request Do i just send a check payable to the bank? if so (yorkshire bank) what exact wording on the cheque?? This template for the 31.14: http://www.consumeractiongroup.co.uk/forum/legal-issues/195201-cpr-31-14-request.html Also i would like a time extension to put my defence in as i have 7 days for that and i still need a bit of advice on just what that entails. More info later on tonight about my case. Should i send a N244 or is that only in extremis. I really need help in working out just what a claim is. What do i write? Do i just send a defence then ask for more time if the information claim is ignored and only then?

I Have found this thread useful bluedanny: http://www.consumeractiongroup.co.uk/forum/legal-issues/267648-marlin-mortimer-clarke-yorkshire.html This is exactly the same thing as me with same claimants, solicitors and original creditor. The amount i owe is under 4k but interest etc pushes it up by£750 which is steep but is obviously the way they keep in business. What annoys me is that i NEVER requested an upgrade in the amount i could have on my card but they kept feeding me more cash anyway and in my view they know that this sort of thing will happen so as to turn a customer into a cash stream. Does this matter? Also I last gave money to anyone a couple of years ago if that makes any difference as i had paid thousands to bank etc but the debt just seemed to stay still. So i will put up a copy of what i am sending soon. EDIT on the 31.14 do i put the case number or just the claim number as i do not have the case number yet.

Well phoned them up EVENTUALLY. . fir you have to use 01604 619400 then wait until the options come up and press 6. Everything else just gets you a recorded message then it just stops. The operator told me the acknowledgment will get there on time as i sent it on special delivery for tomorrow but as they are shut it will arrive on monday morning which is ok due to working day allowances so that's good that the first part is done. As for the password as i tried to say about it not working the operator just talked right over me about it "being a simple thing of case sensitive" and "a technical thing" so that's allright is it. Some peoples livelihoods or home could be on the line and the phone and internet has difficulties, well that's pathetic. Believe me the password is easy to read 3 lowercase the a higher case etc there are only so many ways i could input it. ANYWAY i will send a version of CPR 31.14 i found on another thread off to the relevant place to start my defence. What exactly is a defence? what constitutes one? Who do i send it to, the court?

Well i have tried every combination of letters and numbers and case sensitive and either the number or password do not work I will send the acknowledgment by next day delivery to get there on the 17th so that should JUST be on time. if it gets there a day late for eg will they just say "so what"? I have found a CPR 31.14 letter example and will change it to my own details and send it off anyway. just realised that if i send it on Friday it will get there on a Saturday but will the court be open??? i will have posted it off and got it to them before the deadline though. Will this matter???????

So i have received a County Court claim against me and need a bit of help as i have never done this before. Here are the details: The issue date is 29th June 2010 and (being a bit late) i will be sending my claim form back (acknowledgment of service) by next day delivery on the 16th to get there by the 17th. The date for this is 5 days after the isse so that should give me until the 18th right?. I would have done this online but the bloody number and/or password don't seem to work!!!!!! So there are a few forms to fill out to help and i would like to know which first and where they are obtainable from. More details below: Marlin Europe 1 limited are the claimants Mortimer Clarke Solicitors are the people/address to send the documents or payments to (these are maybe 3rd people to deal with me for this debt) the agreement in writing was on 25/01/2002 the agreement was assigned to the claiment on 18/09/2009. The claimant has (supposedly) complied with sections 3 and 4 of Practice Direction - Pre-Action Conduct. Interest persuant to section 69 of the county courts act 1984, namely 589.01 & continuing until judgement or sooner payment at the rate of 0.82. (??? what is this?) I am only mentioned in name and no account details etc are there. CPR 31.14 and CPR 31.15 get me details??? CPR 15.5 allows extra time So what first for me?