I'm a bit confused again now. I recieved a date for hearing (March 2014) along with some orders/instructions from my local court. We're to try negotiate, try mediation etc. Claimant has to provide breakdown of amount claimed for (due in about a weeks time). There is no mention of the counterclaim, not sure if this is usual? What i'm confused about is that i have just recieved a letter of assignment from firstcredit for my current account, they want to collect the outstanding balance. I thought this had been settled via my counterclaim. Firstcredit have also checked my credit file prior to notifying me of this assignment. The sols did say when they agreed the counterclaim that in order to close the matter they would refund the amount which was made up of unplanned charges and interest and it would leave me a balance to knock off the loan they are claiming for, and they produced a reduced figure for the loan. Do i need to speak to the court to find out the status of my counterclaim, if so which court my local one or CBBC ? Sols did say they would forward the letter they sent me to the court. I've asked firstcredit to confirm this is a live account and for them to check that there is no mistake? Anything else i should be doing?

To be 100% honest with you i've lost that much sleep worrying about it, reading what i can do or not do about it, how to help myself etc.. I'm rapidly developing the "what will be will be" attitude. In reality no one from Lloyds or SCM is gonna burst through my front door with a gun and shoot me, so in the scheme of things it won't matter to me what any paperwork says, £500, £5,000 , £50,000 , £500,000 . I'm coming to terms with the fact its a frame of mind, or to coin a phrase..."its all in your own head".

Yeah i will, but i think they mentioned a "consent order", so i just need to check the implications of that. There are other routes we could take like a Tomlin order? Maybe an outright time order ? I think i'm going to ask them for options as they are used to dealing with this stuff and i'm not. So if there's something i don't like then i'll say.

To sum it up quickly, i've had notification that the case has been transferred to my local court. I still havn't sent them my IE, i will on Monday. I've identified that my agreement is improperley executed (i.e does not contain all the terms and conditions), i realise a court can still order on it so i'm not sure how that leaves me. Probably no better off !!! Sticking point might be proof of postage of my DN. I'm still not sure if any of that means i can get a better deal. I.E i can't afford any full and final payment and could only pay on installments . I'll probably just lay my cards on the table with them and see where we go. I don't think i've anything to lose either way, i've already come to the conclusion that no matter what costs i may or may not get awarded against me if it goes ahead then i still can't pay them anyway. Either way i'll be in debt, less debt or more debt!!

Many thanks Andy for clarifying that and it makes it easier for me to understand now your reasoning. I don't want to drag on too much here in this thread, but this would mainly apply to MCOL claims, other claims would have documents attached? MCOL is in effect a way to make a claim straight off without supporting documents, is that a fair description of the process ?

Andy for clarity are you saying you can't make an application to strike out based on non compliance of a CPR request ?

Dis, i'm just rambling so don't take anything i say as gospel. If your particulars of claim are correct in your first post, i've a gut feeling that they don't have the documents they mention (or do not mention). Why? Because they havn't claimed a date for any of them. And they won't nail down a date if they don't know it. They've asserted a consumer credit agreement and havn't provided it so far? I'd be sending of a CPR18 request straight away and asking a few simple questions........... (1) Can you please tell me the date the credit agreement was entered into? (2)Can you please tell me the date the Default Notice was sent to me? (3) Can you tell me the amounts requested on the Default Notice to remedy the Default? (4)...any questions about the notice of assignment , if you have any questions about it. I'd be sending a defence stating yes there was a credit agreement with the claimant but i cannot confirm if it is an agreement regulated by the CCA as i do not have a copy and my CPR request for inspection of such document has not been met with. Therefore i deny that any such agreement is a CCA regulated agreement. I am not in possesion of a default notice from the claimant and further to requests for such i will deny that any CCA regulated Default Notice was served on me. etc..... The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness? http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html Its your money and your gamble. Whats it going to cost you if you put in a crap defense or no defense? What more will it cost you if you do defend and fail ?

Hi Clive, i emailed them to acknowledge service and they replied back that i could send it by email !! The short story is it has to be on the form etc.. Your reply may come from cbbcdefendants@.......... but thats not the correct one to send it to. Just attach your document and send it to CCBC MCOL [email protected] All the claim number etc will be on your document? I've had to do it this way as MCOL wouldn't work for me. I usually get an autoresponse, then (when they are working in office hours) i get a reply to say they have succesfully received my documents and they have been filed with the court etc.. Hope thats some help to you.

Just a heads up if you don't already know. When emailing to the MCOL, title your email subject "Claim Response" and attach your document (form, statement ,response etc) as an attachment they then print it and it goes in your file just like you posted it.

Your claim date is 25th Oct , so you're alright for a few days. What i would do is ring them up (claimant)and ask whats happening with the docs you asked for. If there's no sign of them appearing just yet then i'd file a letter off to the court asking for a 28 day extension for submitting a defence as agreed by claimant. And send the court a copy of the claimants letter. As said above, its an ambigous letter, but whats not ambiguous is the fact they are agreeing an extension. I'd follow that up with a letter again to the claimant confirming the defence extension, and then lay out in no uncertain terms that if the documents are not forthcoming in time then i will file for a strike out of the claim for non compliance. Thats what i'd do. I'm no expert, just in the same boat as you.

I wouldn't think applying for a default judgement after agreeing to an extension and not complying would be an option? Could the OP not make an application to stay the claim pending the previous request for time to produce docs? I'm guessing really, but if the claim is stayed pending such application wouldn't that put everything on hold until the Claimant decides or makes his next move?

Here's an example of a defence statement, there's no such thing as a template defence i don't think. http://www.consumeractiongroup.co.uk/forum/showthread.php?403662-Claim-form-received-from-Drydens-MBNA-debt-poss-faulty-DN&p=4370978&viewfull=1#post4370978 Remember you will have to deal with each point in the particulars of claim.

It may be a bit late but you could ring them up (claimants solicitors) on Monday morn and ask if they will agree to give you more time to file your defence whilst they respond to your CPR request? If they agree then you need it in writing so they would have to email you for you to get it to the courts pronto. Failing that i'm afraid it looks like you're railroaded into submitting a defence?

Hi Angel, i'm not sure on the jargon but my understanding is i havn't won anything they have just agreed and settled the matter. They will bring the matter to a close etc... they have also filed same letter to the court. I just now have to forward a proposal along with my IE. Anyone any ideas for a proposal for 5.5 k and a budget of £35 a month ? How you word it etc, what you'd ask?

Thats helpful for me many thanks. A bit of good news for me i think, i have recieved letter from Sols todays. They're happy to agree with the counterclaim and that will reduce my outstanding amount by roughly £500. I let them know what Stepchange advised me and they now want my actual IE form, so i'll get it printed off and sent to them now. Many thanks again.

The sticky at the top of this forum CPR31.14 getting them to reveal their vitals. I 'm sure it doesn't say anywhere on it that the action can be resisted it will leave you with more costs if it is resisted etc. Also apparently some of the usual docs requested (DN/FD) don't have to be kept anyway. Just seems a waste if current advice is not to hold out for this route?

Well yeah. But the public speaking bit in front of people who are supposed to know more than you is a common denomonator. I've also had one shot at a county court before and the judge asked us to file a directions questionare, and both parties had to stand up and say we've already done that. With hindsight i now know the judge didn't have a clue as to why we where there. How could he given what he said, but we had a full trial. So i'm a little bit wiser about having to speak up.

I don't know yet.(assuming you mean mediation). Seeing as the claimant has never conversed with me in over 2 years i'd assume they just want to enforce the full amount no matter what, thats my view on it. And based on the correspondance they'll be happy with some sort of "order". Its my job to make sure they're entitled(or not) to that hardline approach.

I'm well aware of what you point out. I'm probably frustrated at lack of any other input rather than frustrated at anyones input. I'm happy i've found here and the advice has guided me so far to be clear of a CCJ, because without reading here i'd of rambled off a letter to the courts in response to my particulars of claim and had a CCJ issued probably automatically So even on that point here has gave me a fighting chance, at least to understand the issues. Also i'd be happy if someone said you havn't a chance based on what you said, just save yourself costs and let them get a CCJ on you. No one seems to give any feedback? What if i get a CCJ (i'm sure i asked that before here on this thread ), what will happen? I've still no idea. I could be fretting over something thats no big deal, they tell me to pay x amount of my income. What was i worrying about.

I've had success doing it at a Magistrates for motoring charges with success so i don't feel too daunted by it. I'm ok with the research i've done, its just if they take me off on a tangent i might be lost.

Well i've opted for the mediation service as well, i'd prefer to sort it rather than going to a trial. Mediation will address my counterclaim too ? Theres over £500 gone adrift from my current account ?

Yes maybe i sound harsh, i don't mean to be. I just find it hard to believe , or rather understand, that so many people when i read all the other threads, have been in the same or similar situations. No one seems to post up even an experience...don't do that i tried that, don't do this or this'll happen..... its really left to a few guys who know the procedures. I'm aware people are cautious about telling you what to do, no one seems to offer options/outcomes? Maybe its more realistic just to ask for the claim to be stayed until they comply, no one seems to want to discuss?

Ok, well the AQ has been sent off. I sent a N268 to sols for them to prove the docs at trial, even though they answered in the negative for the DN and FD. I didn't want to get to the stage later on and find i missed a chance to ask them to prove. Also asked them to prove the agreement that they are unsure what date it was made on.

Oh, the other thing...its said here...."they don't have to produce a copy of the DN". Again whats the point of asking for it then?

Thats what i'm after clarity on. They can't both be right? If Andy says its a risk to follow through a CPR request with an action to stay/strike out whatever then the sticky advice should be updated to reflect that. Whats the point in someone reading that sticky them to find out later that there's a risk and really you've wasted your time. In my own case i should of stuck it out as they have nothing, and i've defended. I'm sick of reading and worrying, i feel about to give up or get a brief !!