Have a look at my post....Claim struck out ...for the same reason Sabresheep has said in post 20

http://www.consumeractiongroup.co.uk/forum/showthread.php?458251-hoist-claimform-old-LLoyds-OD-Debt-poss-SB-d-***Claim-Struck-Out***

thanks guys and congratulations Travis. I don't always log in dx when I'm on my phone, but I have read a few. I cant really find any the same but it seems most are quite generic in the process, and I just started to panic when I received this as I thought the claim was stayed.

court directions

1. this is now a defended claim

2. it appears that this case is suitable for allocation to the small claims track. if you believe that this track is not the appropriate track for the claim, you must complete box c1 on the small claims directions questionnaire (form n 180) and explain why

3. you must by 3 june 2016 complete the small claims directions questionnaire (form n 180) and file it with the court office (there address) and serve copies on all other parties.

Exactly as it says on the tin then

Download an N180 and fill in, yes to mediation, rest is self explanatory

3 copies to print off

Court

Others solicitors

File

A covering letter with the N180 should say

Please find enclosed by way if service, completed Directions Questionnaire

Thats it, send them off

I sent off my DQ,

it was received on mcol on the 11

now showing general sanction order was made 13 june.

I received a letter

general form of judgment or order saying the claimant,

you have been sent notice n149 a, b or c which specified the date to which you were required to return the direct questionnaire.

you have failed to file the directions questionnaire with the ccbc by the date specified In form n149.

I rang the court and they said they have until the 27 june

or the case will be struck out so fingers crossed

Ok Andy I will ring them on the morning then update here

just a update the claimant got there DQ in on the 23 lucky buggers, I never received a copy of it tho?

I also cant be available for court on the 20 September for a week so should I call the court Monday and ask them if I can add it to my DQ or should I quickly pop one in the post to get there for Monday. I no with my luck that's the date the hearing will be on lol

Why is 20th Sept significant...? The claim has not been allocated yet?

my wife has just booked us a holiday for a week, I told her the claim will be struck out because they hadn't replied. So she rushed out and booked it so I'm away from the 20 september for a week

I'm just worried that the court date might fall between them and I cant attend if that makes sense

You would have to wait until you get Notice Of Allocation...this will have the timetable and dates of trial and further directions..before asking for any amendment

ok cheers Andy much appreciated mate

Got a email today saying both parties agree to mediation,

and can I say yes to all three statements?

Guess the answer to that will be NO, because ive still not got my cca.

Just thought I best check with you guys first incase its any different for me because I was after 2007.

correct

Ok guys just a update.

Received a call from the mediation team, she asked if I was flexible ect I said yes!

She then asked if I had enough info I said NO!

Then she said mediation will fail as I need them to proceed and it will probably go to a DJ, if I get the paperwork in the next few days to contact them.

She was a lovely lady but I suppose that's her job to be, I said its highly unlikely I will get the paperwork in the next few days as I sent it off in march, and she even said they probably wont have it to send.

I never received the DQ from the claimant either should I send a request for it? will it strengthen my case, if I prove I have to send for it and they didn't even send a copy to me?

Thanks again guys for all your help and I'm studying like mad but a lot does look Chinese at time

Its expected that all parties exchange DQs...its regarded as civil...but they are not compelled to....the only advantage of seeing it that it gives you an heads up to their possible actions..intended applications ..witness etc.

Ok cheers Andy mate, I will sit tight and update as to what happens next.

ok guys just a update on whats happening

Just rang my local court as i've not heard anything from them, and was worried I had missed any post.

She was actually just processing my claim lol,

she said the court date was set for 30 September and she was sending a letter out to all parties to inform them.

I will update directions once I get the letter but should I be doing anything yet (eg preparing my witness statement) ??

Read other threads that have got to directions stage jay...so you know how to prepare disclosure and draft a witness statement.

Andy

This is my first try andy, have a read and give me your opinion be gentle tho as its my first time

1.The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence or if the claim complies with the credit consumer act 1974 (cca). I believe the facts beneath give sufficient grounds to dismiss the case.

2. In the particulars of the claim there is no date of the alleged agreement/account, and no date when the alleged agreement/account was defaulted or when the valid default notice was issued.

3. To clarify the alleged account I have made a section 78 request to the claimant on 1 April 2016 as doc 1 shows, and the claimant has failed to respond to this request. Instead issuing this letter ( doc2) in response dated xxxxx and to this point I am still not in receipt of the request.

4. I have made a request for disclosure to the claimant pursuant to Part 31 of the Civil Procedure Rules on 1 April 2016, for me to properly respond to the claim, and the claimant has failed to respond to this request. Instead I was issued this letter (doc 3) and to this date I am still not in receipt of the paperwork.

5. It is admitted that I have in the past held a agreement with Barclaycard . If, which is not admitted, the agreement in the particulas of the claim exists the precise terms and date of this such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon.The Claimant is put to strict proof as to the date and terms of such agreement. To which I have requested and could of avoided court action.

6. It is averred that before Proceedings may be commenced the Claimant or MKDP LLP/Barclaycard must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

7. It is not admitted that any alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a lawful assignment took place. Without this proof, the Claimant has no standing before the court.

Again it is stressed that I was never informed of assignment of this debt neither by the original creditor nor the debt purchaser I have never received annual statement on the alleged account

For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136).Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

The assignment must be absolute.

The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

The assignment must be in writing and signed under hand by the assignor.

Notice of the assignment must be received by the other party or parties for the assignment to take effect.

Again it is denied any Notice of Assignment was ever received

8. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing with no illegal charges or insurances added.

9. In any event and pursuant to the County Courts (Interest on Judgement Debts) Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied.

10. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

11. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

12. It is also in my belief that should any of the paperwork requested, turn up at this late stage of the process. It should be disregarded as the claimant has had ample time to serve, and a agreement could of been reached at mediation as per the courts directions.

Statement of Truth

I believe that the facts stated in this defence are true.

http://www.consumeractiongroup.co.uk/forum/showthread.php?429894-3rd-claim-of-3-MKDP-Credit-Card***Claim-Dismissed***/page2

too much waffle in yours

from post 81 above

but read past that!

Hi jaycwl ..responding to your PM

The above is a good start..perhaps a little lengthy but quite succinct ...I always advise that you also wait to see if the claimant serves you their witness statement..this will give you an heads up on what their strengths and weakness are within the claim which allows you to tailor your witness statement in response and counter any points.

Put any consideration of offers without prejudice on the back burner for a little longer yet and lets wait until we get the Notice of Allocation with directions and see what time frame we are working to.....whether the claimant will comply with the directions will determine any proposed offers of settlement.

Regards

Andy

cheers Andy you opinion is valued so will wait and see what there move first is. I received the allocation direction today its set for the 30 September and all parties to serve 14 days before so I get that at the 16 sep

Excellent...so we wait for Sept 16...in the meantime..research read and read more similar claims by this claimant and get a picture of how they usually operate (comply with directions etc or any witness statements already uploaded.)

ok guys its getting close to sending my ws so had another go, let me no if this is any better or if it still waffles on lol I am a person who waffles on tho

WITNESS STATEMENT:

IN THE COUNTY COURT .............. CLAIM NO................

BETWEEN:

HOIST PORTFOLIO HOLDING 2 LTD Claimant

-and-

MR .................... Defendant

WITNESS STATEMENT OF MR ...................................................................................,

1. The Claimant claims the sum £9040.07, which includes courts fees of £410 from the defendant under an alleged regulated agreement originally between, the defendant and Barclaycard.

2. The claimant alleges that the defendants account number was ......................... and with no date that the debt was legally assigned to the claimant. The claimant claims the defendant was notified.

3. No documents supporting the claim in the particulars have been offered by the claimant nor have any dates of agreement or assignment been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

4. It is alleged no payments have been made in accordance with the terms of the agreement. No agreement has been produced along with any evidence to suggest the amounts claimed.

5. The claimant had failed to produce any evidence that an agreement exists. It is therefore not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Barclaycard.

6. I have in the past had dealings with Barclaycard. The account number suggested by the claimant I do not recognize.

7. The claimant has not stated the assignment date but is requesting interest pursuant to s69 of the county court act 1984 from 18/03/15, they entered the claim on 17/03/16. The defendant has had no communication from the claimant regarding this alleged debt until the claim on the 17/03/16.

8. The particulars are vague as there is no date of when alleged agreement was entered into or defaulted, terminated, when a valid default notice was issued or when the debt was legally assigned by MKDP LLP to the claimant and from Barclaycard to MKDP LLP .

9. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularized defense and witness statement. As a result of this I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

10. Notwithstanding the above, a request was made in writing (see Exhibit 01) on the 01/04/2016 via Royal mail signed for service (see Exhibit 02) under the consumer Act 1974, by way of a section 77/78 for a copy of the true agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said Section 77/78 request.

11. On 07/04/2016 I received a letter from the claimant (see Exhibit 03) stating they acknowledged receipt of my request but all document were with Howard Cohen & Co and returned my £1.00 fee (Exhibit 04)

12. A further request made via CPR 31.14, (see Exhibit 05) after the claim had been issued on the 01/04/2016 via Royal Mail signed for service (See Exhibit 06) and was received by the claimants solicitor on the 04/04/2016, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant had responded on the 05/04/2016 (See Exhibit 07) and stated they are not in possession of any paperwork connected to this claim and that they are in the process of retrieving the documents. The claimant has not complied with the CPR 31.14 and has not made further contact regarding the request since their response letter dated 05/04/2016.

13. On the 15/06/2016 Both parties agreed to mediation. This could not go ahead due to the documents not being provided by the Claimant to the defendant. The Claimant said they would send out those documents. These have never been sent to the Defendant.

.

14. It is denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the Claimant would not be aware whether one had been served or not.

15. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

16. The conduct of the claimant has been obstructive and incorrect throughout the process of this claim and has not sought to actively resolve this disputed claim by failing to provide information and documents stated in the particulars, which could remedy a quick resolution.

17. The claimant has acted in an inappropriate manner by entering on my credit file the sums of money allegedly owed by myself including the court fees for this hearing, even though this claim has not been concluded. (see Exhibit 06)

18. The Defendant respectfully requests that on the grounds of failure to comply with directions in the correct time limits, failure to supply evidence that the alleged sums are owed. Failure to comply with the CCA request under the Consumer credit Act 1974 and CPR 31.14 (civil procedure Rules) request that the case is dismissed/ stuck out / or stayed.

19. If such any of the requested documents are received at this late stage in the claim it is requested they are not accepted, as the claimant has had sufficient time to produce. If produced earlier the case could have been resolved at mediation as per the courts instructions. The defendant would be at a diss advantage not having able time to check for illegal charges and insurances.

I believe that the facts stated in this witness statement are true

SIGNED:

DATE:

I would remove the points I have highlighted in red jaycwl ...the rest will suffice.

Andy