Thanks again Car. I need to get this done before ten!! I understand now! (I think!). So what should I write in my directions? Cupcake

OK I'm lost! I have put the details in the Draft order for directions stating if the Claimant fails to comply the claim will be struck out without further order? I assumed I had to wait for the court to add the unless order? Cupcake

Hi I have one last question on this (sorry!) The last page has Other Information section. It asks "Do you intend to make any applications in the immediate future?" Can I say Yes If the claim is not struck out I will be making an application for Strike Out? Or would that be out of order? Thanks for all your help. Cupcake

Do special directions mean they will be told they must supply docs? Cupcake PS enjoy the Pizza!

Thanks so much Car. I think I can manage now!! I'm really not very good at this! LOL No doubt I will get it eventually! Cupcake

Thanks so much Car It is an N150 - so do I put fast track or leave it blank? Is there a certain way I should word the proposed directions? Thanks again Cupcake So should I leave cost blank?

Sorry to be a pain but I am still struggling with my AQ! I have filled in what I can and plan to send a covering letter to the judge expleining why I feel I cannot answer some of the questions when I have no idea of what the claim is for. There are a couple of questions I am not sure on though. Track - This claim is for just under £15k with costs. Should I state the track? Proposed Directions - What directions can I possibly send? Is this where I request SO and if so how do I word it? Costs - Should I be claiming costs for my time at this stage? Fee - Do I have to send a fee? Sorry guys but I am no good at this!!! I have read so many threads but they don't seem to have made it clearer!!! Cupcake

Maybe I should "suggest " a SO in the AQ and if the judge doesn't pick it up then I could send the application and pay the £75? Is that a good idea? Cupcake

So I have to submit the application seperately but at the same time? Sorry but this is all new to me Cupcake

Shame! Cupcake

Hi BD I was leaving it until the last day of the month to call!!! Will let you all know Cupcake

Just read on another thread that there is no cost for SO if applied for at time of AQ. Is this correct? Cupcake

Thank you again! I get it now!! LOL Cupcake

Should I have made an order to disclose first? I am reading so many threads at the moment my head is spinning!! Cupcake

Thanks again guys!! Cupcake

AH! Thanks CAR So I should send the AQ along with a request for strike out? Cupcake

Thanks guys! That really helps! I was worried about completing it and then finding out I shouldn't have done it at all but applied for a stirke out instead (or maybe something completely different!!) Cupcake

Thanks Gallahad I am really grateful for everone's help from CAG. I really don't know where I would be now if it weren't for you all! I also appreciate that everyone is busy and time is limited. I have to get this AQ to the court by Monday. I am searching the site trying to find similar cases to this. Ie no response from Claimant to CPR but there always seems to be something a little diferent about it and I am really nervous of doing the wrong thing and it then being too late to rectify. No doubt in time I will be an expert on all this! Lol Thanks again everyone Cupcake

Thanks so much CB I am really worried about submitting the AQ and then finding out I have shot myself in the foot!! Thanks again Cupcake

Hi CB Thank you for your time. Yes I am asking for advice with the AQ, it is an N150 and it is for just over £15000 !!! And yes, that is all the POC states. I have no idea how I should answer their questions when they still haven't replied to my request for more information on the claim? Thanks again Cupcake

Hi Jinx BC have until the end of the month to get back to the court. If not the claim will be stayed. I have a similar case with Virgin that I am having to focus on in the meantime!! I will keep this thread up to date. Cupcake

*23rd Nov 09 - Letter rec Virgin sold debt to Direct Legal *3rd Dec 09 - Letter from DLC - they now own my debt *21st Dec 09 - Another letter from DLC on behalf of Hillesden Securities they intend taking legal action *4th Jan 10 - Letter from Aplins They are going to issue court proceedings unless I pay *24th June 10 - Letter from Aplins "Further to our recent letter we are now issuing a Claim against you in the Northampton county court and will be seekingto obtain a judgement against you for payment of the whole amount forthwith. This does not mean we expect you to pay the full amount straightaway. The reason we are seeking to obtain a forthwith judgement is to enable us to apply for a Charging Order on your property simply to obtain some form of security for the large debt. We would like to make it quite clear to you that if we are successful in obtaining the Charging Order there is absolutely no intention to seek to enforce it by applying for an order for sale. We merely wish to register the Charging Order so that if you sell the property at some time in the future there will hopefully be sufficient equity to enable this debt to be paid. In the meantime, once we have obtained the Charging Order, we will be happy to accept payment at a rate which you can realistically afford." *26th June - Court papers arrive POC "The Claimant's claim against the defendant is for the amount due and unpaid as at today's date under a regulated running monthly credit account" *27th June 10 - This letter sent on the advice of Cerberusalert date ****NOTICE UNDER Civil Procedure RULES*** reference Dear Sir/Madam, This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted. Further to you stressing that county court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following. I put forward that you now have a requirement to provide me with; 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. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required. 2) All records you hold on me relevant to this case, including but not limited to 1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations 3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. 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. 7. 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. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998. 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement. I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules. I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the fos for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper.. Specifically this relates to one or any number of the following; * demand any payment on the account, nor am I obliged to offer any payment to you. * add any further interest or charges to the account. * pass/sell the account or outstanding balance to any third party. * register any information in respect of the account with any of the credit reference agencies. * issue a default notice related to the account. Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request. I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department. Yours Faithfully/Sincerely No response from Aplins *15th July 10 - DD advised this letter "i would write to alpens and tell them that their particulars of claim are vague and insufficient for you to prepare a defence, give them 7 days to re submit the claim failing which your intention will be to apply to the court to have the claim struck out if they dont reply in 7 days then file an embarrased defence of just a couple of lines along the lines quoted above ie: you cannot prepare a defence as the particulars of claim are vague and you do not know the case you have to answer and that the claimant has failed to respond to a request for further particulars " *27th July 10 - Still no response so filed this defence as per DD Claim Number: Between MBNA Europe Bank Limited Claimant And Defendant Defence 1. I, ......................... ......................... ........, am the Defendant in this action and make the following statement as my defence to the claim made by MBNA Bank Europe Ltd. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- 4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written contracts referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant’s claim. b) A copy of the purported written contracts that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim for 5 . On XXJuly 2010 the Defendant submitted requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant did not respond . On XXJuly 2010 the Defendant submitted a further requests under (CPR 18 and CPR 31.14) via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The claimant again did not respond. 6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents. Statement of Truth I, ......................... ............, believe the above statement to be true and factual. Signed................... ......................... *21st July 10 - Another letter sent to APlins asking them to resubmit giving full details. I received confirmation from court that they rec my defence and that Aplins had 28 days from receipt to contact court or case would be stayed. Still nothing from APlins. *3rd September 10 - Rec notification from court that case had been transferred to my local and I have to get AQ back by 20th Sept. SO this is where I'm at! I hope this all makes sense!! Cupcake

*CCA'd Virgin in March 2009 *11th April 09 - Rec'd chase letter from Aegis EC Virgin pictures by cupcake62 - Photobucket (turns out Aegis don't have a licence in UK or registered with FSA) *April 2009 - Sent the account in dispute letter to Virgin. *8th May 2009 - Another letter from Aegis *18th May 2009 - Postcard from Aegis telling me they will be calling on Saturday *13th June 2009 - CCA rec'd Covering letter admits it is an unclear copy! ME VIRGIN CCA rec 130609 pictures by cupcake62 - Photobucket Advise given by Diddydicky "it has to be "easily legible" if it is not then write back and point this out and tell them they are in default until such time as they send you an Easily legible document " "is also headed "credit agreement regulated by etc etc " if it is a credit card it HAS to say "credit CARD agreement etc etc" immediately improperly executed" "and it looks like a cut and paste jobby" *June 09 - DD Advised this reply... I refer to my CCA request of xxxxxxx 2009 I must now write to you as follows:-. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On*xxxxxxxx 2009*I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. The time limit for you to comply was xxxxxxxx 2009 ( 2 working days + 12 - use a calender You have failed to comply with my request, and as such the account entered default on*XXXXXXXXX 2009 On XXXXXX 2009 you sent to me an unreadable document purporting to comply with my request which did not comply your obligations under the consumer credit act sect 78 .. You have by virtue of not supplying the requested documents within 30 days also committed an offence. The document that you are obliged to send me is a*true copy*of the*executed agreement*that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.* As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on* debt collectors*which state under the title*Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8* (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. Please reply within 14 days with your intentions to resolve this matter which is now a formal complaint I will take this to be the end of this matter . I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours sincerely *15th July 2009 - Notice of Legal action rec'd from Optima *Sent the Letter to solicitors threatening legal action when account in dispute. *11th Nov 2009 - DN rec'd from MBNA (not Virgin) http://s683.photobucket.com/albums/vv199/cupcake62/EC%20Virgin/EC%20MBNA%20DN%20rec%20111109/ Dated 9th November sent UK Mail.

Hi GH Thanks for looking! I will get on with it straight away! Egg have until the end of the month to contact the court after receiving my defence and if not the case will be stayed. Cupcake

Hi Guys Could someone please advise me of my next move with this case please? It is my first (of many!!) court summons and I really don't know what I should be doing!! Thank you Cupcake