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i sent a CCA request off for my B&Q card on 18th sept and again on 18th Nov....to date i have received no agreement. They said it had been sold to CL finance after the second request and there fore did not have to supply the agreement.
I then received court papers for a CCJ so i filed a defence saying that i had not received information asked for etc. I then did a letter to howard cohen sols acting for CL finance and asked them for the info under CPR on 18th Nov and did a CCA request to CL finance on 4th dec. I have had no response from CL and Howard Cohen sent a letter back saying 'we are not obliged to provide this information and would advise that the particulars of claim detailed in the county court claim should be sufficient to allow you to respond accordingly'.
I have now received an allocation questionnaire which needs to be at court by mon 2 feb and i am stuck on what to write in section G. Can anyone advise????
The amount is for £482 + costs.
I dont dispute the amount however they are not sedning what i have asked for to substantiate the debt
Is this an N149 or N150 i.e. is it small claims (usually under £5000) of fast track? And was it a Northampton issue?
It would poss. help CAGers give more advice if you could post up the POC (minus personal details).
In the meantime, assuming that you have filed you acknowledgement of service on 'complete defence' & the fact that the other side have not supplied any docs, I suggest you need to submit 'draft directions' to make them comply under court directions.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
hi there it is a N149 and it was northampton issue but has been transferred to my local court. i have a notice that a defence was filed and a notice of transfer of proceedings and the allocation Q. I do not have a POC or do you mean what was originally on the court forms. If so i have left that at work...but it says
something like they are claiming for non payment of the agreement and said also something like the debt was assigned to CL finance on 28th oct 08 i think and gives the amount of £482.
hope this helps until tomorrow...i really wanted to get this done tonight and off tomorrow so if anyone can help i wouild be really grateful
OK, def. a small claims, under £5000 so should be fairly easy to see off if they have no CCA.
Basically this is a load of rubbish 'I have had no response from CL and Howard Cohen sent a letter back saying 'we are not obliged to provide this information and would advise that the particulars of claim detailed in the county court claim should be sufficient to allow you to respond accordingly'.
Sounds as though they have nothing to support the claim & are just hoping you'll pay up.
POC is the wording at the top of the summons (Form N1). It would be useful to see it before talking any further about your defence etc.
Has the claim been issued by CL Finance or B&Q? Cohens are just the sols. dealing with it, the claim has to be issued by the correct party for it to be valid.
Did you receive a Notice of Assignment in October re. this debt?
Don't worry about getting your AQ in - you have loads of time before Monday & if your case has already been transferred to your local court you can always hand deliver it to the court on the 2nd.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
hi there its issued by CL finance and I do ahve a notice of assignment from CL finance but no default notice or any correspondance from B&Q(Ge money) regarding the debt. Ok will get the POC and post tomorrow if you could be kind enough to help me out with it tomorrow.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
Claimant claims £482.75 being monies due from defendant to claimant under regulated credit agreement between defendant GE capital bamk ltd under ref.....and assigned to claimant on 29/10/08 notice of which has been given to the defendant. The def failed to pay in accotdance with the terms of the agreement adn a default notice served upon the def pursuant to section 87(1) of the CCA 1974. Pursuant to clause 7 of the agreement the claimant also claims contractual interest at 0% pa from the date of the proceeding to the date of judgement or sooner payment accurring at a daily rate of 0%.
odd about the 0% ?? but thats what it says.
right here is what i intend to put...can you look it over and tell me if its ok.
In the ************* county court
Claim number **********
Between
************* - Claimant
and
xxxxxxxxxx - Defendant
Draft Order for Directions
The Claimant shall within 14 days of service of this order file and serve the following:
Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
Document, contract or deed of assignment
Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
Copies of any statement or other document 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
and then in section G
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
and also send the claimant a copy and send put this in section G also
Please find the following attached to this allocation questionnaire;
1) Section G / H ** - other information
2) Draft order for directions
This allocation questionnaire and its attachments were sent to the claimant on **/**/2008.
thanks for all your help look forward to hearing what you think.
Hi Katie - not much time this evening but will look at your draft directions later.
In the meantime,
Note:
1. They cannot claim interest on a credit agreement - don't know why they've bothered putting it in there, prob. just standard doc. on their computer.
2. You don't need to send any docs, letters etc. to the court at this time. Those go with your defence & you will be notified as to hearing date & when those docs. have to be in by.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
hi again....just had a thought about fees and been on court website and would like to confirm that because claim is for less than £1500 there is no fee for allocation questionnaire....is this correct??
Sorry I had no time yesterday, comments on your proposed aq etc. below:
1. In G suggest:
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. By a letter dated xxx isued under CPR 18 I asked the Claimant to provide proper particualars of the claim & any documents they intended to rely on for such. A copy of the letter is attached. I have received no answer to my letter. I propose the attached directions. (Then attach a copy of your draft directions)
2. Suggest you then put the following in your draft directions after the sentence:'Copies of any statement or other document relied upon'
This is a straight forward case and is easily resolved on production of the required documentation by the claimant. Should the claimant not be able to produce the documentation required to progress this case I suggest that there can be no case to answer.
Therefore if the Claimant fails to comply with this order, the claim will be struck out without further order and the Defendant shall be at liberty to apply to this court for costs on the standard basis.
In the event of compliance with paragraph 1 of this order (number your first para of the DD) this case shall be allocated to the small claims track and there shall be a stay of proceedings until (xxx) to enable the parties to settle.
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, in respect of each item claimed & with reference 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.
IMO you then don't need the rest of your directions - too lengthy, save it for your defence.
Based on this, HC would be stupid not to submit an offer to you to settle. Base any figure you consider on the fact that would not win this case if they have no enforceable CCA (ie. they would get £0 & be landed with costs) & that they have purchased this debt for between 10-20% of its value so anything over this figure & they are in profit. Also get make sure they will discontinue (check with the court this is done!) & will mark your CR file 'satisfied' & get it all in writing before you pay anything.
BTW have you ever had unlawful charges (over limit, late payments etc) applied to this account. If so, these would all be reclaimable so in the event of an offer should also be set against any sum they are now claiming.
Hope that helps Katie on'need the rest of
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
hi again....just had a thought about fees and been on court website and would like to confirm that because claim is for less than £1500 there is no fee for allocation questionnaire....is this correct??
Correct - no fee to pay
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
thankyou will try and get my head round all of that in the morning and write it up.....is it ok to type and attach or should it be written in the box on the form.
Don't think you'll get the Draft Directions in aswell so attach a seperate piece of paper with those.
Don't forget to add in dates etc. & amend if necessary. If you're unsure, copy & paste your DD up - I'm around tomorrow & can take a look.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
[FONT='Arial','sans-serif']Draft Order for Directions[/font][FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']1. The Claimant shall within 14 days of service of this order file and serve the following: [/font]
[FONT='Arial','sans-serif']Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon [/font]
[FONT='Arial','sans-serif']Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, [/font]
[FONT='Arial','sans-serif']Document, contract or deed of assignment [/font]
[FONT='Arial','sans-serif']Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. [/font]
[FONT='Arial','sans-serif']Copies of any statement or other document relied upon [/font]
[FONT='Arial','sans-serif']2. [/font][FONT='Arial','sans-serif']The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, in respect of each item claimed & with reference to the documents supplied by the Claimant.[/font][FONT='Arial','sans-serif'][/font] [FONT='Arial','sans-serif']This is a straight forward case and is easily resolved on production of the required documentation by the claimant. Should the claimant not be able to produce the documentation required to progress this case I suggest that there can be no case to answer. [/font] [FONT='Arial','sans-serif'][/font] [FONT='Arial','sans-serif']Therefore if the Claimant fails to comply with this order, the claim will be struck out without further order and the Defendant shall be at liberty to apply to this court for costs on the standard basis.[/font] [FONT='Arial','sans-serif']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 28th February to enable the parties to settle.[/font][FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'] [/font]
[FONT='Arial','sans-serif'] section g[/font]
[FONT='Arial','sans-serif'] [/font][FONT='Arial','sans-serif']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.[/font] [FONT='Arial','sans-serif'] By a letter dated 18th November 2008 issued under CPR 18 I asked the Claimant to provide proper particulars of the claim and any documents they intended to rely on for such. A copy of the letter is attached. I have received no such documents. I propose the attached directions[/font][FONT='Arial','sans-serif']. [/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font][FONT='Arial','sans-serif'][/font]
[FONT='Verdana','sans-serif']Draft Order for Directions[/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']1. The Claimant shall within 14 days of service of this order file and serve the following: [/font]
[FONT='Verdana','sans-serif']Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon [/font]
[FONT='Verdana','sans-serif']Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, [/font]
[FONT='Verdana','sans-serif']Document, contract or deed of assignment [/font]
[FONT='Verdana','sans-serif']Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. [/font]
[FONT='Verdana','sans-serif']Copies of any statement or other document relied upon [/font]
[FONT='Verdana','sans-serif']2. [/font][FONT='Verdana','sans-serif']The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, in respect of each item claimed & with reference to the documents supplied by the Claimant.[/font][FONT='Verdana','sans-serif'][/font] [FONT='Verdana','sans-serif']This is a straight forward case and is easily resolved on production of the required documentation by the claimant. Should the claimant not be able to produce the documentation required to progress this case I suggest that there can be no case to answer. [/font] [FONT='Verdana','sans-serif'][/font] [FONT='Verdana','sans-serif']Therefore if the Claimant fails to comply with this order, the claim will be struck out without further order and the Defendant shall be at liberty to apply to this court for costs on the standard basis.[/font] [FONT='Verdana','sans-serif']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 28th February to enable the parties to settle.[/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] section G[/font] [FONT='Verdana','sans-serif']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.[/font] [FONT='Verdana','sans-serif'] By a letter dated 18th November 2008 issued under CPR 18 I asked the Claimant to provide proper particulars of the claim and any documents they intended to rely on for such. A copy of the letter is attached. I have received no such documents. I propose the attached directions[/font][FONT='Verdana','sans-serif']. [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Draft Order for Directions[/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']1. The Claimant shall within 14 days of service of this order file and serve the following: [/font]
[FONT='Verdana','sans-serif']Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon [/font]
[FONT='Verdana','sans-serif']Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, [/font]
[FONT='Verdana','sans-serif']Document, contract or deed of assignment [/font]
[FONT='Verdana','sans-serif']Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. [/font]
[FONT='Verdana','sans-serif']Copies of any statement or other document relied upon [/font]
[FONT='Verdana','sans-serif']2. [/font][FONT='Verdana','sans-serif']The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, in respect of each item claimed & with reference to the documents supplied by the Claimant.[/font][FONT='Verdana','sans-serif'][/font] [FONT='Verdana','sans-serif']This is a straight forward case and is easily resolved on production of the required documentation by the claimant. Should the claimant not be able to produce the documentation required to progress this case I suggest that there can be no case to answer. [/font] [FONT='Verdana','sans-serif'][/font] [FONT='Verdana','sans-serif']Therefore if the Claimant fails to comply with this order, the claim will be struck out without further order and the Defendant shall be at liberty to apply to this court for costs on the standard basis.[/font] [FONT='Verdana','sans-serif']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 28th February to enable the parties to settle.[/font][FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] [/font]
[FONT='Verdana','sans-serif'] [/font] [FONT='Verdana','sans-serif']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.[/font] [FONT='Verdana','sans-serif'] By a letter dated 18th November 2008 issued under CPR 18 I asked the Claimant to provide proper particulars of the claim and any documents they intended to rely on for such. A copy of the letter is attached. I have received no such documents. I propose the attached directions[/font][FONT='Verdana','sans-serif']. [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font][FONT='Verdana','sans-serif'][/font]
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. By a letter dated 18 November 2008 issued under CPR 18 I asked the Claimant to provide proper particualars of the claim & any documents they intended to rely on for such. A copy of the letter is attached. I have received no answer to my letter. I propose the attached directions.
This bit goes in the Draft Directions after the title, case no etc.
(Don't forget to also attach a copy of the letter you sent under the CPR 1 8
1. The Claimant shall within 14 days of service of this order file and serve the following:
Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
Document, contract or deed of assignment
Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
Copies of any statement or other document relied upon
This is a straight forward case and is easily resolved on production of the required documentation by the claimant. Should the claimant not be able to produce the documentation required to progress this case I suggest that there can be no case to answer.
Therefore if the Claimant fails to comply with this order, the claim will be struck out without further order and the Defendant shall be at liberty to apply to this court for costs on the standard basis. 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 28 February 2009 to enable the parties to settle.
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, in respect of each item claimed & with reference 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.
Sorry, the font thing gets in the way - this is how your docs should look.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
katie3105 v CL ****won*****
claim should be sufficient to allow you to respond accordingly'.
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Originally Posted by katie3105
