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arbo

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  1. bump again - can anyone help? I have to submit tomorrow - 42man you have gone quiet on me?
  2. Hi 42man, thanks for picking up the thread. The questionnaire is a N150. Also received is a N271 Notice of Transfer of Proceedings (to the local court) & N152 Notice that a Defence has been filed. Having read through the useful threads you have directed me to, I would appreciate your comments on the following proposed reply (in red) to the N150, with my additional comments (not to be submitted with the return) in blue: Have you sent a copy of this completed form to the other party: I will tick "yes" & will send a copy A Settlement 1. Tick "yes". We have as you will see been in communication for a while and have proposed to the Claimant that he has no case and should drop the claim. I have had no response to this point. However I do not see any middle ground - it is "s**t or bust". 2. Tick "yes". Can't think why not - but I do not see a settlement occuring. 3. Tick "no". Can't see a mediation being successful & my wife can not afford the fee anyway. 4. Will leave blank as 1. has been ticked "yes", but perhaps could tick "No" to 1. and state that I have asked the claimant to withdraw the case - what do you think? B Location of Trial - Tick "no". The case has already been transferred to the local court. C Pre-Action Protocols - Tick "no" and state "This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim." D Case Management Information Amount of Claim in Dispute - I will enter the full amount claimed by the Claimant Applications - Tick "no" Witnesses - I will enter my wife's name & "to all facts in the case" and my name & "to all facts in the case from 15 Sept 2006" Experts - Do you wish to use expert evidence - Tick "no" & leave all other question under the Expert heading blank. Track - Tick "fast track". The amount is for £6,853 exclg costs. E Trial or Final Hearing - I can fill out the dates of non-availability, but have no idea on estimate of how long a hearing will take. Thought about either 1 hour or 2 hours. Any idea? F Proposed Directions - Struggling with this one. I have checked the list contained in the Appendix to CPR 28. Do I need to complete them all & if so how? The things that my wife would like from the management of the case are i) to be able to submit an amended defence follwoing receipt of the Claimant's reply to her original defence. I am preparing a Rejoinder stating that the points made in the reply are disputed, without actually providing detail of the argument yet, which I can use to support an application to submit an amended defence ii) confirmation that the Claimant has provided all the evidence relied upon in the case. I beleive that the Claimant has issued all the documentation he is going to and there is therefore no need to request any, although it would help the argument re the lack of a final notice (not deemed necessary by the Claimant) if it could be confirmed that what they have provided is all they have. iii) that I be allowed to speak on her behalf at the hearing Are these points raised here or in Section I and how are the matters worded. In terms of agreeing the proposed directions I can submit by email and seek agreement with them if I have time. G Costs - Leave blank. H Fee - Tick "no". I believe as the defendant no fee is payable. I Other Information - see F above. I could enclose the Rejoinder. I will tick "no" to intent to make any applications in the near future? or is this where application is made in respect of the items in F above. I would be grateful of any assistance offered in the short time remaining.
  3. Back again as their have been developments that require some knowledgeable assistance. Although this message is directed at previouls assistance providers "I've got no money", "creditcardmug" and "42man" assistance from any source would be greatly appreciated. It would appear that the Claimant (Cabot) have successfully applied to have the stay lifted on the case as my wife has now received an allocation questionnaire from the local court which is to be completed and returned by no later than 07 Sept. This for me as one of the uninitiated, raises a whole host of questions. 1. In respect of the questionnaire itself I think I need some help in completing it for my wife for the following sections. Do I need to send a copy to the opposition (sorry Claimant)? I note that my wife is expected to contact Cabot. Can this be done by email? (she is not keen on talking to them direct - will this go against her? A Settlement As my wife is defending all of the claim should she answer that she does not want to attempt to settle? If so is mediation appropriate, given the fee and her inability to pay? D Case Management I assume that the question re applications does not apply. Witnesses - As I have corresponded with the opposition (and they have written to me), can I add myself as a witness in addition to my wife. I would also like to attend any hearing and speak on behalf of my wife - where can I request this? I assume that the relevant track is the "fast track". E Trial or final hearing How do estimate how long this will take? F Directions Which of the list of directions from CPR 28 are appropriate and how do I complete the blanks? G Costs Can my wife claim "litigant in person" costs, does she do it here and how are they calculated. H Fee I assume as defendant there is no fee to pay. I Other Information What documents need to be attached and what are the applications referred to? Is this where I apply to make an amended defence and apply to assist my wife in court. If so I will need to refer to notes - do I mention this now? I will need to do an amended defence in response to the opposition's "Reply to Defence". Do I need to do it now, if not when - can it be left for the hearing so they are unprepared? 2. I will need some assistance I think with the amended defence in response to Cabot's Reply to my initial defence as suggested earlier in the thread. I am not sure what the timetable would be for this. That's all for now, although I am sure there will be more. As always any help is gratefully received. Thanks
  4. Phone calls have been avoided, but my daughter's got the file of correspondence to show their continued pursuit of the amount despite the amount being disputed and them refusing to deal with the dispute, so may just give it a go!
  5. OK, I will write to them and tell them "to bring it on", see what happens & rely on the good folk of this website for assistance when / if the cc claim arrives. I have thought about making a harrassment complaint to the Financial Ombudsman. Do you think it is worth doing?
  6. Will do. Is their any legislation or anything like, that prohibits litigation in cases like this where the amount is disputed?
  7. Thanks IGNM - will do as suggested & keep fingers crossed.
  8. I first wrote in Feb 08 regarding a period going back a couple of years I think. My daughter has all the details.
  9. OMG - I see what you mean (have just read the relevant part of the CPR). The Court has not picked up on it. My wife is suffering from depression and I just thought that was the option to submit a defence on her behalf (& signed to say I am authorised to do so) as opposed to an solicitor (my fees are so much cheaper). Any advice on what to do to try an prempt any move from the Claimant?
  10. Having helped my wife with another issue my daughter now comes with a problem with Halifax. They are threatening court action over an amount, which albut £8 is made up of unfair bank charges. I have written on behalf of my daughter some time ago and advised them that these should be repaid and received all the usual guff regarding action be stayed pending the "court case" etc etc, but still insisted on the amount (just under £400 - £300 over her overdraft limit) being repaid. In the meanwhile my aughter has taken out an parachute account elsewhere. I wrote again saying that they can not demand this money until the dipute is resolved. As a final response they have written back and basically said pay up or else as they still have an entitlement to levy these charges and collect what they call outstanding debts. She has also received a strongly worded and threatening letter from the "Pre-Court Division" of Moorcroft Debt Recovery dated 01 July say that if the money was not received by 08 July legal action would commence. Can anyone advise what to do?
  11. IGNM Thanks for your response, although I am not sure about your point regarding litigation friends. I have made no issue regarding my wife's capacity at the time to enter into an agreement. At the moment, with her express authority I am dealing with the correspondence on her behalf. I am not sure what happens if it goes to court, but I would like to be able to present her argument for her. I will contact the court to try and find aout about the stay. I can find nothing about it in the CPR's. My third point was really what do I do now, nothing but sit back and wait, or try and prempt things with a letter to the Claimant as point 3 in post 34?
  12. Thanks for responding CCM. I have posted with this message the POC, Defence & Reply to Defence (although this does not appear to have been filed with the court). My main concerns are as posts 22 & 34, I think if necessary I am fine with everything else. In answer to your questions this is a credit card that was applied for in Nov 2001. A copy of the purported agreement is also attached. The claim was issued from Northampton CC. The defence was filed on 30 April 2009. A letter was received to day from the Court advising that "the case was stayed on 03/06/2009 as no response from the Claimant had been received in regards to your defence." Anything else just let me know. 1 Claim Form & Defence.pdf 5 Reply to Defence.pdf 6 Reply Docs A & B.pdf
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