Just reading my thread again and remembered this bit! Could I literally say :- - An amended Particulars of Claim sufficiently particularised and compliant with CPR 16 Sound ok? Sorry for the plethora or questions today but am keen to get it wrapped up

Just a quick one, do you have to sign the directions and Other Information attatchments? Ta!

Another bit! Does my Other Infomation part need to be as detailed as Johns in Post 94 on here? I was going to use the one on here :- http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html unless I used this one but changed to small claims at the end :- http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance.html#post1896634 Please tell me if this is wrong as need to get this right and done today! Thanks again

Yes that sounds much better, thanks Where it says at the very beggining about have we sent a copy to the other party, and also section I it asks have you send documents to them, do you have to do this, or is it best to? In one way I guess if they pick up what they have done wrong, we know they cant go back and change so they may back down a bit, or possibly research into ways around it, what do you think? It may not even matter that much, as its been transfered to the local court here already, but I found some really good wording for the reason it should stay here, typically its the very one part I forgot to copy and save, anyone know of anything good, or actually if it matters, they may just leave it here I guess? Thanks!

Actually this will probably do :- 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. not sure if to leave this off though...should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer Thanks!

I am thinking how to word the reason why I am asking for it to goto small claims also, something along the lines of it being a straightforward case and us not wanting to waste the courts time? but worded much better, lol Thanks!

Thanks mate, that suddenly becomes crystal clear! I just called the court and they havent had anything from the other side yet. Am going to start polishing the draft and bits. By the way, with small claims, can you still seek directions with the draft order for documents?

You mean if the dont respond to the directions? as I didnt actually do the CPR thing in the end :-? I believe the reason I didnt is because the POC doesnt actually mention them in any way, its quite vauge :- The Claimants Claim is for the sum of XXXX being monies due and payable under the terms of a written finance agreement entered into between the parties on xxxx full particulars of which have been supplied to the Defendant. The Claimant also claims interest thereon pursuant to Section 69 of the county court Act 1984 at the rate of xx per annum Looks not very good compared to many others I have read!

I know the feeling, lol Ok, I had in my head to tick No to all the settlement part, but you said tick yes to the first two, is it likely or common the finance companies will try and settle early and a good compromie can be met? I am unsure what best to do on this. Pre-action, is this paragraph acceptable? This case is not covered by any approved protocol. After being diagnosed with a critical ilness rendering me unable to work by docotors orders, I have tried to act reasonably in attempting to negotiate a payment plan, however the claimant has been, indimitating, un-sympathetic and unco-operative, hence going straight to this claim. Witness, i thought to put myself and my Dad for all facts, maybe I am wrong though? Track part, I guess all the CCA rules still apply in the small claims? but gather it can be used for a straight forward case, like bad DN and other which I have, to resolve quickly even if over 5k? and it is good point as back up in case things went wrong in restricting costs! Directions, just use the templtes I have been seeing asking for all documents in 14 days, this is fine. Other Infomation is to attach the part asking about directions and at a disatvantage if they dont supply etc.... Actually I think that is about it, would you believe I didnt sleep at all last night and have come home from work il today with what feels like the flue, urgh! not good, this is just going round and round my head constantly, so I want to say a big thank you for peoples time, especially gh2008, on this, I guess I keep panicing in case I forget something and then post on here when no one is around! Oh also, is it worth me calling the court to see if the other side have submitted theirs yet? I think I read if so I can ask for a copy? Thanks again! E

Bumped and changed title

Is it possible someone could change this thread title to...N150 assistance needed...please? as am panicing a bit as the date to be in by draws closer! Thanks if anyone can

You would say yes?! just to get my head around it, if I say yes to trying to settle and yes to a one month stay, what would happen then? and how would I let them know they have a poor case without letting them know the reasons why?! In one way it it were a much reduced sum it could almost be worth considering, the problem being we are seeing it as 4k, so 50% of that would be good at 2k, but they are seeing 8k, so even if they offered 50% its still the same as we started, i was actually thinking do they ever contact prior to court with an offer like that? Cheers!

Cheers! Its funny you should mention that, because the amount of credit started off as lets say 4k, then when it fell behind they demanded lets say 8k which is the full amount that it would have added upto if it had ran the duration of the number of years. By the way we never actually sent a CCA off in the end so I cant mention that part. So you think I can get away with asking for small claims? What about the rest of the parts? I have to go and deliver it Thursday.

Bump

Good for you John! Ok, it feels like I have done a days work on here today, day light is going and my eyes need a rest, if someone can comment or help on the above posts I would appreciate it From what I have read now let me see if my thinking is correct for getting the AQ filled in :- A - Settlement Tick no in all three boxes ( not sure if I can leave reason blank, or if to mention trying to pay a reduced montly payment at the start but they didnt want to know?) B - Location Stay here at my local court as cannot travel C - Pre-action protocols This case is not covered by any approved protocol. After being diagnosed with a critical ilness rendering me unable to work by docotors orders, I have tried to act reasonably in attempting to negotiate a payment plan, however the claimant has been, indimitating, un-sympathetic and unco-operative, hence going straight to this claim. (Further to this, 2 solcitors letters were sent to the claimant, to date the claimant has not replied) D - Case management information Amount, should I put the 8k they are claiming for on the order, or the 4k it started off as until we missed the payments? Applications - No Witnesses - I guess my Dad as claim is against him, and then my name as I will represent him? Experts - No No No Track - its for just over 8k so Fast Track? E - Trial or final hearing - I have been reading 1 hour a lot? F Propesed directions Attached - Yes, then use the draft order by Peter requesting all documents in 14 days Agreed with other party - I am guessing no? G - Costs - leave blank H - Fee - Leave blank I - Other information Attatch the template reqesting if they dont give documents to be struck out etc... am I also able to mention the ilness part here so the judge knows there is valid reason for fincial hardship etc...? Well hopefully that makes much more sense now than a week ago when I first started panicing! As I say, if some of you guys could please have a look over this and comment where I have gone wrong it would be great. Thanks in advance! E

Hello again guys, lots of time on here today! I have just been reading this :- CPR - Pre-Action Protocols - Ministry of Justice to see about the pre-action protocol part, it doesnt appear to show a relavant one, so would this be ok :- Pre-Action Protocols Section C This case is not covered by any approved protocol. After being diagnosed with a critical ilness rendering me unable to work by docotors orders, I have tried to act reasonably in attempting to negotiate a payment plan, however the claimant has been, indimitating, un-sympathetic and unco-operative, hence going straight to this claim. (Further to this, 2 solcitors letters were sent to the claimant, to date the claimant has not replied) How does this sound? it probably needs re-wording! and I am not sure if this is the appropraite place to get this information across to the judge. Also the part in brackets I dont know if to leave out, bascially after we recieved the claimants solicitors letter, we spoke to a solicitor ourselves who wrote to them, the cretins got it completely wrong making it sound like it was just a case of being out of work, GRRR, but still they did not even respond to it, so maybe best not mention it to avoid confusion? Thanks in advance for any advice on this please! E

John, I have just beed reading your Draft and Other Information documents, very detailed and helpful have you had a responce back from them yet?

Although this looks to be for people claiming against their banks, I take it I can use this :- http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion- as a guide to help with my N150? Also am I able to use the Other Information section to state about the ilness and to get across we are not just trying to avoid paying? Thanks! E

Wow, does this mean I am starting to understand Yeah I hear what your saying, I seem to take more in after midnight, lol, I need a day off on here to read and read! I am about to advance search more AQ's, but any good links would be appreciated. So when defending, is it a similar format of box ticking on the AQ? there were some bits about it on a link you added but nothing going A-H. Cheers E

Its an N150 I have just seen. Yes of course, that makes sense now, they didnt actually mention any documents in the POC, I notice many other companies have though. When you say draft order, you mean at that point you can request documents, not mentioned in POC, but which will be refered to and the claimant is going to use, for example a compliant DN? Sorry what is CPR 16?!

Thanks GH, not all of those links worked properly though. Have read some bits here and there. How do I tell if it is a 149 or 150 and what is the difference? The main thing I noticed ith many other threads is many of them mention CPR 31.14 being involved and not responded too, but im sure someone said it was probably too late now or no point in doing this.

Hi Faye, Just a couple of things. I work in the trade and actually drive a Quattro myself, the power delivery is not 50/50, which means it is often the case, and in mine too in the snow or ice for example that the front wheels can spin as this is where the main drive is coming from, then it should be detected and the drive to the back wheels kick in as such. I am not saying there is not a problem there, but this is how they work if that helps. As for the cambelt, yes this is a major thing if it goes wrong, and if you really think it hasnt been replaced is worth pursing. Did it mentioned the tensioner and water pump being done at the same time by any chance? Cheers E

when you say AQ's, is there more than one? I am trying to get my head round the one I have :- http://www.consumeractiongroup.co.uk/forum/legal-issues/237396-defence-advice-needed-please-6.html#post2726218 so it looks like the creditor must have paid the £200 and is wanting it to goto court on ours?

Thanks again guys, all very helpful. I have just been sitting and reading through this AQ, and must say I am stuck Firstly, A. Settlement, it asks do we want to settle, I am guessing answer is no as we are saying there is no agreement due to them terminating and DN being faulty? also what is a one month stay?! and do we want a mediation thing? if we answered no to the first question, state why? B. Location I guess we just put our local town. C. Pre-action protocol, once again am stuck what to say to this? D. Case management information, do we dispute the whole amount? or the total minus the arrears? applications made in this claim? I am guessing no, now witnesses, if it goes to court it will be me doing the talking as the case is for my Dad who is ill. So witness to all facts? Experts, I guess this will be the evidence and rules they have broken, quoting the CCA where applicable? Track, I think i understand it to be fast? as its 8k E. Trial or final hearing, what time scale?! it almost looks as if the claimant is supposed to fill this in? F. Proposed directions, I have heard of directions in threads before but not sure on this? G. Costs, I am supposed to add up how much time ive spent on this I guess, and think I read somewhere about £9 per hour is going rate? H. Fee, wow one I think I know! the other party pays the fee? I. Other information, I dont think I am attatching anything to the questionnaire? I know I have listed it all from the papers, but I have read a couple of help guides but couldnt make head or tail of it, also each case must surley be different. If anyone would be so kind to give me a hand with this I would much much appreciate it, it has to be done by next Thursday which is why I am making my way through it now as dont want to leave it unilt the last thing then panic. Thanks in advance for any guidance. E

Thanks guys, this is what I am thinking you see, that it is relavant and should be mentioned to a judge, otherwise as you say he could just be thinking we are trying to get out of paying. I am just not sure how where and when it would be relayed to them? We did make attempts to try and come to an agreement but they actually laughed at it and went straight for the CCJ, I just wish that call had been recorded! Going back to the SO bit, I have been reading many threads and am actually more confused now, unless its just late, lol, as to if it would be a good idea or not, hmmmmm