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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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What is a Pre Trial Review?


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I have got a letter this morning from the court setting a date and time next month for a 5 minute Pre-Trial Review at the county court.

 

Can anyone tell me what will happen? Is this just to sort out the paperwork, or will things be decided?

 

The time is set for 11:30am. Could I change this time to earlier as it cuts the day in half and I won't get paid.

 

Help appreciated.

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I got the same thing at the beginning of this week I did ask the question at the link below but as yet no replys, I expect with the weather and all that people have been a bit busy this week. I have looked on the forum but cant find anything specific, knowing the helpful people on this forum I'm sure someone will give a few pointers soon

http://www.consumeractiongroup.co.uk/forum/barclays-bank/59152-got-court-date-preliminary-post496055.html?highlight=bullyboy#post496055

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Linda,

 

Thanks for reply. I am sure someone can tell us what a 'Pre Trial Review' is. However, the lack of replies might mean the experts don't know.........(Red Rag to Bull hopefully)

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Hi. They are not the same.

 

A pre-trial review is for cases allocated to the multi-track and is dealt with in CPR29 and is a case management conference in Civil Proceedings. I suggest you contact the court manager and ask for clarification. You must attend.

 

A preliminary hearing is for cases in the small claims and is dealt with by CPR 27.The CPR Rule 27.6 states:

 

27.6

(1)The court may hold a preliminary hearing for the consideration of the claim, but only –

 

(a)where –

 

(i)it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

 

(ii)it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

 

(b)to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

 

©to enable it to strike out (GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

 

(2)When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

 

(3)Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.

 

(4)The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

 

(5)At or after the preliminary hearing the court will –

(a)fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;

(b)inform them of the amount of time allowed for the final hearing; and

©give any appropriate directions.

 

 

Note the bit about striking out! PRELIMINARY HEARINGS ARE NOT THE NORM! You should have been given a reason for the hearing with the notification of it. If not you need to contact the court at once to find out why one has been ordered. With a bit of luck maybe the judge is considering striking out the defence! See Judge Tooms and Lincoln County Court and kazzaw!

 

You must be prepared to answer any questions the judge puts to you, these are not a formality.

 

Hope this helps, good luck.

 

Let us know what happens.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Hi

 

Absolutely!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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If they only allow 5 minutes for the review, what exactly will happen - for example by the time you have said who you are etc the time will have passed.

 

Or might it be longer than 5 minutes.

 

Will the bank's solicitors actual turn up, or will they find some devious way to stay away and simply waste my time?

 

 

Umm.....if I go fully armed, what should I take?

 

(Shotgun perhaps?)

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