Nationwide/kpr Cca Request- now a Court Claim **WON** Notice of discontinuance

[pt2537]

Originally Posted by MilkTrayMan

??...The "Site Team" have a monopoly on useful + helpful knowledge??...:o

Maybe but maybe not, however if the post is reported, it will be drawn to the attention of the team so that someone will hopefully comment with something constructive and helpful

the problem is that if the user doesn't report the thread and bring it to the teams attention then they run the risk of not getting the response they need and also missing court deadlines

but if you feel that you are able to assist then please dont let me stop you

[Curlyben]

Originally Posted by MilkTrayMan

??...The "Site Team" have a monopoly on useful + helpful knowledge??...:o

Not at all but we have been recognised as giving consistently good advice that has assisted alot of people with their financial issues.
Can you say the same ?
Enquiring minds want to know

[MilkTrayMan]

Originally Posted by Curlyben

Not at all but we have been recognised as giving consistently good advice that has assisted alot of people with their financial issues.
Can you say the same ?
Enquiring minds want to know

Some peeps do not aspire to be Site Helpers or Moderators + some peeps have turned down the position when it has been offered to them in the past.
I also remember a time when U yourself was a Newbie CB.
...As was EVERYONE at one time, I might add.

However, what I don't remember, is a relatively small 'Site Team' being able to answer EVERY question posed on EVERY Thread, without the majority of Posts being answered by the hugely unsung peeps who help out when + where they can.

Even peeps who just Post ocassionally to say 'Good Luck' etc, are no less invaluable than the most prolific Poster + can be a source of inspiration on a Self Help Website, such as this one is...

[creditcardmug]

Hi
I need to get started on my AQ and could use a little help

Item C Pre-Action Protocols... does this refer to the request for information under CPR i sent the claimant on 6/3 and still no reply?

Track should this be fast,in view of the amount 9.5k or is it worth sugesting small claims? should i be liasing with claimant on this?

Item E... how long for hearing,how could i know this? my guess would be 2 hours, again should i check with claimant?

[caro]

Take a look in the Bank Templates Library here Allocation Questionnaires - A guide to completion. You'll find templates of how to fill in the AQ. If you still have questions feel free to ask.

[creditcardmug]

Hi paul
ive just seen the great news from iilona, excellent result im so pleased for him, his case is much the same as mine.
Ive got to get my Allocation Questionaire in by tues 22nd april, if you have any time over the weekend i would really appreciate some help, hate to ask as i know youre busy with your studies , but its the first time ive seen one of these
Regards CCM

[creditcardmug]

Just bumping this need to try and get this finished this weekend

[pt2537]

Hi CCM

Dont panic

i will be about over the weekend, and will go through it with you.

i am currently very busy frantically trying to finish a law essay so if you can bear with me, when im done i will sort this out for you

[creditcardmug]

Cheers mate

[creditcardmug]

Hi here is my proposed draft order for directions

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records held on the defendant relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company
b. Where there has been any event in the accounts history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account
c. True copies of any default notice or enforcement notice that you
Sent to defendant with a copy of any proof of postage that you hold.
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of defendant’s data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed defendant’s personal data and a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.

3. Any other documents relied upon


If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

and section h other information....

Section H

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give
notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

Its is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

Therefore it stands to reason that this document must be disclosed before this case can progress any further

All comments appreciated

[letitbeme]

Originally Posted by creditcardmug

Hi

Is the paragraph marked in red appertaining to a default notice

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give
notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

Regards LIBM

[creditcardmug]

No its in regard to the bit on the agreement where it tells you about youre right to cancel, they should then send you details of how you do that, and it's for them to prove that they did send the letter.
Hope that makes sense

[creditcardmug]

Just bumping this in case paul appears online