If the settlement was in conjunction with the FOS then I would have "thought" it cast iron. S.

I doubt you'll hear anything prior to the 28 days passing It will be interesting to see what happens after that deadline S.

I believe the poster is meaning BarclayCard rather than a certain solicitor... there are many more Barclaycard threads with people in similar situations in the barclaycard forum on this site S.

Received mine couple of weeks ago, No default has ever been recorded just a status of 6 since just after my last payment (2010). I wonder if this is connected to selling the debt on or possibly starting the 6yr SB date from cause of action (Termination/Final demand) S.

Yay, I love seeing good news on here

Horrible bank to deal with, well shot of them Congrats Happy New Year to all.

Good luck with this Richard

Ever get the feeling theyre just trying to grind you down

Just in total shock, Martin was the reason I joined the site team, I had troubles with credit card debt and through his and another site team members advice was able to get myself sorted, I vowed to help anybody I could and to be asked by Martin to join was a true honour which I hope I lived up to in my short stint. Unfortunately I've not really been in touch since leaving the site team and thats to my regret and my loss as his humour and wit will be sorely missed, I'll fondly remember the site team meetings especially the social part. My sympathies to his wife and family & the CAG site team. RIP S.

Apologies I've not kept up to date on the site or this case.... They are correct in what they can do even though you say the account is in dispute, basically everything up to obtaining judgement against you, McGuffick shows that, are you certain they responded properly to the s78 request, if they didnt then Carey vs HSBC is your sword. S.

Congrats on the win S.

Hi, This was the McGuffick case vs RBS I believe. S.

Well done Molly! its not easy holding your nerve Congrats S.

A consent order for the claim to be dismissed will be asking you to either give up your right to claim back costs or will ask for your agreement to pay x amount, that will be contained in what they term the "schedule" of the consent order. A notice of discontinuation means the other side thinks they have no likelyhood of winning or possibly just not financially viable to proceed, in which case they advise the court they are discontinuing the claim. By doing this they leave themselves open to a costs claim to be brought against them for any costs that the other party have incurred up to the point the notice of discontinuance is served. HTH S.

Bev, both those attachments show personal info that shouldt be revealed on a public board. The letter.pdf file shows the address when you first go in to the PDF, I suspect you did the removal in the PDF editor you used, you need to do it outside in word and then create the PDF to remove the info properly. The IMG.pdf file holds far too much info (addresses/amounts/account numbers etc. Please take them down sharpish! S.

Whilst having no bearing on the SB status so long as there was a clear 6 year gap in paying or acknowledging the debt in writing;- You can only be defaulted on an account once, this default falls off your credit record after 6 years. If they re-registered the default they could be in breach of the ICO default guidelines and a complaint should be raised with the ICO. S.

No to the default, they are allowed to report for the 6 years after a default. Once its gone however they cant re-instate it. There is a cap so be reasonable and you will have to justify the amount you claim. S.

haha brill news, congrats. I'll alert one of the site team to change the thread title. S.

In that case if they discontinue you would be entitled to claim costs from them. So you have a choice, either go into a repayment plan with them or bluff them out.. "Dear Sir/Madam, I am in receipt of your letter dated xx/xx/xxxx. Please take this letter as my rejection of your offer of a repayment plan, I am confident in my defence to your spurious claim. However I am willing to make a counter offer to yourselves, I can confirm I will not seek costs from you should you discontinue this claim." S.

Ok, they've sent something thats good, if its not enough to base a defence on then you can apply for a strike out but as they've supplied what they think is the evidence needed to proceed to court I doubt you'll win that strike out and it'll just progress to full hearing and costs. If you think the information isnt sufficient then contact them and request and extension to filing a defence until they do provide the information you requested, with the timescales this is likely to require a phone call to their solicitors however. The alternative is perhaps a letter offering them the chance to discontinue and you'll not persue them for costs, each side to bear their own costs. You cant apply for costs unless they discontinue after you have filed a defence but its a way of bluffing them. Comes down to brinkmanship and bluff now, if you think the evidence they have is sufficient to prove their case or not. S.

Good summary They obviously dont want to throw good money after bad. S.

As has been stated you HAVE to attend otherwise things will cascade and get worse quickly. If you are on benefits then there is a limit to what you can repay and the court will take this into account. So long as you are truthful the court should side with you, if you have a large wad of money stashed away (dont we all wish ) then the court isnt likely to be pleased if the claimants have found out and reveal. S.

If they've not responded then you need to get it in prior to the deadline YES. Once the defence has been issued its sent to them and its up to them if they want to waste more money proceeding... my money's on them not S.

Agree with Brad here, you've given them a grace period to remove the default. They KNOW the rules they just choose to "bend them" fire off a complaint to the ICO as well as the FOS, the ICO govern data protection and credit files but take ages to do anything.... but you/we do need to start advising them of mis-reporting as it shows a lack of accuracy of record keeping or a deliberate attempt to keep pressurizing people to pay when legally they dont have to. S.

Indeed, they would have to take you to court, obtain judgement against you, you not pay, apply for interim charging order, take you to court for final hearing to make charging order complete. S.