Yes. CCJ avoided. Just waiting for them to reply whether I pay the solicitor or the claimant. Will be payment by consent.

Hi all, Sorry for not keeping this up to date. (I hated reading incomplete threads ). to give you an update: all the Subject access requests, CCA request etc as advised. They missed the deadline and wanted a stay while they tried to get the paperwork together. Foolishly I agreed to this, but I also sent an email to the courts saying that they had no paperwork at all. The judge didn;t like the "stay" and wanted an agreement in writing. I send a letter to the claimant offering a very small settlement (in the hundreds) if they just finish the case now. I did remind them that they had no CCA and the debt was unenforcable in court. Now,I know I took the cowards way out, but since getting the claim letter my nerves have been shot to pieces. I am borrowing the money and settling the claim at roughly 5% of the claim value. Having said that, since I signed the new agreement (with the setllement figure) Barclaycard have written to me confirming that no paperwork other than statements is able to be located by them .Had I been courageous / angry enough I may have won the case. However, if getting in debt has taught me anything it is to be sensible. The judge may have been one of those that I read horror stories about that would not have listened to me, and even though my case was strong I may have lost. I would rather not take the risk and just cough up. Oddly, I feel I have let down the people on this forum. By paying a settlement I have provided funds for them to torture more people and to extort money from them. Sorry about that folks, but I was in no position to be a hero. Good luck to any that get the same treatment. If you can stomach the fight I would love to hear how you get on.

Thanks Andy. It has been some time without hearing much, but to give n update: The court returned the consent order as it wasn't signed by Mortimer Clarke. I sent a letter to Mortimer Clarke asking them to confirm that they are going to sign the consent order and send it to the court as they stated. I have received a letter today from the court informing me that the deputy district judge has deferred the application. The deputy district judge has said that if we have come to an agreement then we should send a Tomlin order to the court, we haven't. Is deferment a good thing? I still haven't had any paperwork through to substantiate the claim. Oh and egg returned my CCA request saying the letter needed to be signed! They kept the fee though!

Many thanks. I have now signed and sent the consent order. For information it states: Consent Order: By Consent It is ordered that 1.the proceedings be stayed generally with liberty to restore 2. there be no order as to costs. That is all (apart from stating the case no and the claimant/defendant names). I signed it with a different signature than normal so I can see if they fake the CCA. The question now is do I let this hang over my head forever? I when should I file a defence to get this thrown out?

So would you suggest that I sign it or that I allow the case to go ahead and base my defence on the fact that they have not produced a CCA? Basically I would like the whole thing over and done with ASAP. Would the consent order last forever?

Oh, I did not see this reply. I sent a letter, basically telling them that the account has been in dispute since 2009 and saying that having previously requested the CCA they have been unable tolocate it. I offered them the chance to back out before I appoint solicitors (which I may still do). They have replied making a without prejudice offer: A consent order to generally stay the case with the ability of either party to restor the case and for a defence to be served within 28 days. They have stated: "in the meantime, our client proposes that the proceding be stayed generally to enable the parties to resolve any outstanding issuesand provide you with the documents." Personally I don't see what is in it for me, they haven't put a date in stating that should the case not be restored by xx then the case should be dismissed / withdrawn. Should I signit? Also, I wonder if I should say I will sign it if there is an end date inserted? Or failing that, just offer them a small amount of money to cover costs and mark the "debt" as satisfied. any thoughts?

Thanks. I did request an extention and they have written stating that they will grant an extra 28 days. I will be emailing the extention offer to the court this evening. I called the court yesterday to inform them and they gave me the email address. any thoughts on me sending them a letter saying that they should never have been sold the debt and that egg sold it illegally?

I am writing to Mortimer Clarke today. The purpose is just to confirm the actual date that a defence should be submitted, and to get them to put that date in writing (as they just said they woudl extend by 28 days) . Also, the way that they worded it was as if they were doing me a favour, so I am adding that I note they have not replied within the 7 days to the CPR 31 letter and that they require more time. Additionally I am asking for them to answer the questions in the CPR letter (what action they have taken, when they will be able to give the information). I have a question, should I inform them that the debt was in dispute from 2009 and give them a copy of the letter I sent to egg? Egg should never have sold them the debt and I am hoping that this could get them to withdraw the claim, could this work?

Received a reply to the cp31.14 letter yesterday. They have just replied that they will take instructions from their client, and that they agree to the extention for my defence. Shouldn't they tell me when they are going to provide the information? As in, actually tell me when? Tomorrow the 7 days is up for the CCA, what should I do next? Also, do I need to file the defence now or do I wait for closer to the 28 days?

Hello, I am not sure the exact history of the account. I certainly haven't made a payment or acknowledged the debt since I sent the CCA letter in june 2009. It is likely that I hadn't paid the account for a year prior to that and that the six years is coming up now. I have the request in PDF, however, being a sceptic all this proves is that I created the CCA in june 2009, oit that egg receive it. I will be sure to add it as part of my defence though. The POC wording is as follows: By an agreement in writing between Egg banking plc and the defendant dated xx/xx/2005 (the agreement) Egg agreed to issue the defendant with a credit card along the terms & conditions set out therein. In breach of the agreement the defendant failed to make payments of not less than the minimum payment shown on the monthly statement, Egg served a default Notice on the defendant stating the amount due and requiring the defendant to pay the same. The defendant failed to pay and the agreement was terminated. The agreement was assigned to the claimant on xx/01/2013. The claimant has complied with sections iii an iv of Practice direction - Pre action conduct. The claimant therefore claims: 1) 11xxx.xx 2 Interest pursuant to section 69 of th County Courts Act 1984, namely 53xx.xx and continuing until judgments or sooner paymnet at the rate of 2.56 I blocked out a couple of numbers as I am concerned that the walls have ears, especially here. Iwill be going on the royal mail site tomorrow to get proof that they have received my CCA and cpr31. Then I plan to call them friday to get them to request more time (should I leave it longer?) As a small side question (not sure on the site etiquette here) if I get a CCJ this year (all of my debts - they are over 50k- become time barred this year, so I am sure many of them will have a go at getting a CCJ) do I get any warning that they are going to send around collectors or get an attechment to earnings (if I am employed)? With regards to the other debts would I be wise to SAR the lot of them to get the statute barred dates? Should I post a thread about each?

Ok, I have acknowledged this today, sorted a CCA request and am just doing the CPR31.14. Interestingly I have been through all of my old files and found that when this debt was with Link in 2009 i did a CCA request and they never replied. I can't see me ever following this up, but I thought Egg would have a record of me sending that letter. I just need to get the postal order and post this out as signed for.

Your assumption is correct. I thought I could just do a runner (I have no assets but I am employed, so this is really scaring me). I can't believe a letter can reduce a grown man to a jibbering wreck!

Oh, just to add, the issuedate was 28th Jan, so what are my timescales and what do I need to send where?

Thank you so much! Claim pack received yesterday at my old address. They noticed the word "defendant" above my name and gave me a call. I think I have been ignoring letters for about 4 years, but luckily this one was brought to my attention. I may as well be honest with you guys here: I was a mortgage adviser for 4/5 years prior to the crash, money was easy and hours were short. As you all recall credit was really easy to come by and I ran up about 50K in unsecured loans. Most of it was for business, but I did waste lots of it. Overnight mortgages were pulled, my pipeline of commission was destroyed and the company I was working through went into liquidation, as my commission had been paid into the account it was a liquid asset and I lost around 15k. I went to the CCCS pretty quickly and got an arrangement set up, my overheads were low as I was living with my mum. I was earning about 350 a month at the time, so I was only paying back about £100 overall. Times got harder still and I ended up extremely bitter that the banks that had been my source of income were now really hassling me (the phone calls were constant). i stopped paying and just ignored them. At the time I didn't care, I was single, young , and stupid. I left the area and have been away three years. I met a lovely woman and we had been discussing buying a house, having kids and all that. Then, BAM, this letter arrived and ripped my world apart. I actually considered sticking the car into the central reservation yesterday after getting the letter, I feel like I have really let myself and my Mrs down. Mortimer Clarke are claiming £12k plus interest and charges of £5k and I am a bag of nerves. What I would like to do is offer them maybe £3k and get them to vanish (I could borrow the money from friends and family). I really don't want a CCJ as it would effect my work (well, I think I would lose my job it work found out). I haven't yet ackinowledged the letter, and to be honest I have no idea what I owe anyone (my finances are a bloody mess). The wording is exactly the same as this thread, except the dates, values and OC.

Hello, I am in the same scenario, but with Egg / Marlin/Mortimer clarke. I have found this helpful, but I would love to know the outcome. I am litterally sitting here shakingin terror at the claim form. Was half thinking of sticking it in the bin but I have had my head in the sand too long. Out ofinterest, I owe 11500, is it too late to make a full and final offer?