Well mediation failed, as they would not accept anything less than the full amount, although if I send in the financial spreadsheet they have asked for and state what we could afford to pay they will look at it, I am inclined to do this to see if they will accept a payment plan, if they don't at least we have tried, and if not then it will have to go to court and let the court decide, then it be court charges added on as well.

They have ignored the amount of charges I wanted to be taken off, so it doesn't look I am going to get these back, as the extra court charges will just wipe this out.

Has anyone any thoughts on this please

Thanks for any replies B

Well thats easy, we will have nothing left as my partner only works part time, I guess I will be going to court then ! I will let you know how it goes.

Hi,

Updating my thread, I now have a new date for mediation, but I have a slight development in that as from Friday this week my husband is unemployed, which means that we have a considerable drop in wages, and he will be sighing on Monday, this will make a difference in what we can offer, has anyone any ideas on how this could go.

Hi CB

Thanks for your reply, it does appear to be the original copy of the default notice, the letter is dated 14/5 and I received it on the 15/5, the date to remedy by via mediation was the 15/5, although the court said that mediation was not interested that we had not received the paperwork, I presume only interested in a repayment plan.

I have not had a reply back from the court yet, I cant believe I am so calm with all this, today anyway ! The pills must be working !!

Thanks again B

Hi, Just to update thread and if anyone wants to add anything.

The mediation was organised then cancelled by the claimant, then organised again, this time unfortunately I had to cancel due to work emerg at the last minute, the date to get this organised by was yesterday. the day of the mediation.

I was informed to contact the court, by email as instructed by the court.

I have asked for another stay until I hear again from mediation.

Oh yes and on the same day as the mediation I received all paperwork, ie application form, default notice etc

Any thoughts on this, would it be worth sending a letter to A/G with another offer, or wait until mediation is organised again.

Thanks for any views on this B

Thanks for your reply's

The charges come to approx 500, ( using the spreadsheet) and yes I would be asking for installments, would I still be arguing that they haven't got the documents that they would be relying on court, my thought is am I just avoiding the inevitable, I wouldn't want to get a charging order as in some posts I have been reading.

Thanks again B

Don't know what happened with the above post if someone can delete it feel free!

Ok Andy, thanks for your reply again! hope you had a good break, I will wait for the Mediation telephone call when it is arranged, and hope this will conclude the matter.

Is there anything I should be aware of or that I should ask

Thanks again B

Just updating, I have posted my Mediation reply form to the court today, this way it is stayed until mid May.

I do have a question Andy if I may, is it best to wait for Mediation telephone call now or reply to the F&F letter received from Arrow, although I would not give them my personal information.

I still have not received original paperwork/ agreement from Arrow, which I asked for in my defence and in a letter from them they stated that as soon as they have received samet from MBNA they would forward to me, or would this be brought up at court if it got that far.

Any help gratefully received

Regards B

Bump

Hi, Need some help please, I have not had time to look into the Common Financial statement, but today have received a letter from the court/ district judge, it is ordered that both parties contact the Small Claims Mediation service, if we both agree then the case will be stayed to enable mediation to proceed.

Do I forget the other letter received from Arrow Global now ?,I am assuming yes.

Funnily enough they are dated the same but the court letter was posted later.

Does anyone know if a reduced settlement figure is ever reached with mediation ?

Any help or comments gratefully received.

Thank for your reply,

I have never heard of a common financial statement, I will do some homework about that.

My defence is that I do not agree with the amount due to charges, and why are they not sending me any paperwork,

I am very confused ! I just know that I am not happy giving them all the information that they are asking for.

Regards B

Hi, Well had a letter from Arrow Global saying that they are unable to accept settle figure without details of income and expenditure, they have enclosed a Dept repayment assessment plan, they also want proof/copies of income and expenditure, ie copies of wage slips utility bills bank statements etc, I am NOT happy with that.

I have not had anything else from Arrow Global or the court, shouldn't they be sending me the copies of the paperwork that they hold.

Any advice on what I should now ?

Thanks for your quick reply, I thought as much, I have heard nothing from AG, it doesn't sound like the court have either.

I will update as and when

Really appreciate your help

Regards B

Well had a letter today, transfer of proceedings to local court for allocation, it states

On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management and details of the judges directions will be sent in a notice of allocation, and to wait for the judges directions.

Does this mean that the court haven't heard anything from AG either or is this normal ?

Thanks Andy if you are online to answer

Hi Andy

Ok, I will try to ring the court, and just wait to hear from either the court or Arrow Global, wishful thinking on my part, that if I don't hear anything then it will go away.

Wouldn't I have heard something by now if it was going to be allocated to my local court.

Sorry got the dates totally wrong, I have just checked, the date on Allocation Question to be returned to the court was the 11 Feb, I was convinced it was the 17 Feb ( not Jan, as in my previous post) I posted mine on the 6 Feb, in plenty of time.

I will check with the court tomorrow

Well I have been very patient waiting for a response from Arrow Global but I have heard nothing at all following

my Allocation Questionnaire or my F and F offer letter, I still cant get onto Moneyclaim online to check, I will contact the court tomorrow and see if they can tell me anything, but until then do I just wait, or does this mean that the case is stayed ? I am probably speaking too soon and will receive a letter tomorrow in the post.

The date on my Allocation Questionnaire was 17 Jan.

What do you think Andy.

Thanks in advance for your help

I know this is not my thread but thanks for your replies, I have sent an email to O2 now, I will start my own thread if I need anymore help.

Regards B

Hi I have just been reading your thread and I hope this info helps me, I found out today that 02 placed a default on my file in 2009 for £6, (YES £6 ) I cancelled our contract with them when it came to an end, even they agreed that I was not using it enough for a contract, now have PAYG still with O2 and the same number, which they arranged, I have had no letters from them at all, no bills, no default letters absolutly nothing, I thought I would check my credit file for another reason and found this, cant believe that they have done this for £6. I am not going to get anymore credit but its the principle.

I have a Kays mail order account, due to being unemployed for a few months, I got into arrears and NDR are now contacting me, arranged to pay a lower amount with them thinking it was Kays, I am paying the amount every month to Kays but have now accrued late payment fees, due to them not making it clear that payment is not due on a set date every month. I am going to start the reclaim for these this week. But my question is, I have been paying into Kays account as normal so why am I getting a statement every month from NDR, has anyone tried to get this changed back to Kays statement, I know this sounds stupid but I dont want to pay direct to a dept collector.

Hi

I am having the same problems with Kays, and NDR, when I asked why they are adding 12.00 every month, for late payment fees they said that the payment is due every 4 wks not on a set date every month, hence why your S/O is not working, and why late charges are being added, I pay Kays direct but the statement comes every month from NDR.

B

Thanks for looking in Andy, and late night again, its the only chance I get to do this!

Full and Final letter sent recorded del yesterday, now waiting game.

I will post AQ at the weekend.

Thanks B

Hi Andy, This is my AQ what do you think

A - Yes

B - No

C - Yes

D - none

E - No

F - I will unavailable between x and y.

G - The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest .

I propose the following:

1 Unless the Claimant shall have filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until ** March 12 to enable the parties to settle using the small claims mediation service

H - No

Not sure what else to add if anything

Thanks B

Thanks Andy, didn't expect a reply at this late hour, I will get it posted tomorrow and Allocation questionnaire will follow