County Court Summons - Amex**WON IN COURT**

[pt2537]

In the ************* County Court

Claim number **********

 

 

 

 

Between

************* - Claimant

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N150 Allocation Questionnaire

 

Section H - other information

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

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, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further

 

 

 

right then, heres the directions for the AQ,

 

i will be back soon with details on how to fill out the AQ itself

 

regards

paul

[pt2537]

with regards to the N150 itself

 

Quote:

Section A - Settlement

tick no

 

Quote:

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

 

Quote:

Section C - Pre-action protocols

 

tick no in part 2, and on a separate piece of paper, state that you have asked for disclosure of documents from the claimant and they have failed to comply therefore you cannot as yet supply anything in return until they comply

 

Quote:

Section D - Case management information

amount of claim in dispute, you should be able to answer that

 

Quote:

Applications

tick no

 

Quote:

Witnesses

yes you so enter your details as a witness of fact

 

Quote:

Experts

 

Tick no

 

Quote:

Track

small claims or fast track i would suggest,this depends upon the amount claimed.under 5000 is small claims , 5000 to 15000 is fast track and over 15000 is multi track

 

 

Quote:

Section E - Trial or final hearing

1 hour for the hearing

 

if there are any days you are not available let them know

 

Quote:

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

 

Quote:

 

 

Quote:

Section G - Costs

 

leave blank

 

 

Quote:

 

 

Quote:

Section H - Other Information

 

 

 

 

 

 

 

in the section H box put the following

 

Please find the following attached to this allocation questionnaire;

 

1) Section H - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/**.

 

 

 

send a photo copy of the completed allocation questionairre to the claimant along with a copy of the directions

[Padders]

Superb, thanks for your help Paul (as ever)!

 

Kind regards

Peter

[Padders]

Hi Paul,

 

I have heard back from Capquests representatives, HL Legal with a letter dated 11/1/2008 saying:

 

We enclose a copy of our Clients completed Allocation Questionnaire which has today been filed with the Court.

 

We look forward to receiving a copy of your Allocation Questionnaire in due course.

 

 

The questionnaire shows answers as:

 

A = yes

B = no

C Part 2 = no

D = All of it

Applications = no

Witnesses = Jo'Okeefe Facts= The terms of a credit agreement and the parties dealings with each other

 

Experts = no

Track = small claims track

E = 2 hours

F = no

G = costs so far £350

overall costs = £5000

H first question = no

Do you intend to make any applications = no

 

I delivered my Allocation Questionnaire on the 7th with the Draft Order for Directions to the Court (the deadline date) - and sent a copy that day to Capquest. I have never received any information requested from Capquest, can we no push for this or try to impose the Draft Order?

 

Many thanks

Peter

[pt2537]

so they have the copy of your AQ then

 

thats fine ,the AQ's will go before a judge who will give directions as to how the case should be managed and what orders he or she feels fit will be given and you should hear in due course,

 

unfortunately its not up to us what the judge orders, we have put forward our suggestion. the judge may agree or disagree, we will find out shortly i guess

 

regards

paul

[pt2537]

Well, i am pleased to be able to say that Padders Won his case in court

 

he will be updating the thread in due course but its another Victory for the little man:)

[Padders]

Case of Capquest (Amex) v Padders thrown out of court today!

 

I will write up the events over the weekend, but suffice to say without the CAG and in particular PT2537, I would not have stood a chance!

 

If you have an Amex issue or indeed Crapquest on your tail, fear not, compared to them, I felt like a Barrister in Court today!

 

I'll share the Judgement over the weekend when I'll write it up, but in the meantime, thank you CAG and in particular PT2537, your help and support were both non judgemental, but more importantly, priceless!!

 

You'll be astonished how a big organisation can drop the ball so badly.

 

I can't help with the legal stuff, but can share my experience with anyone who wants to contact me.

 

Regards,

Padders

[tomterm8]

Congratulations.

[Curlyben]

[42man]

Well done Padders, PT, Tom, Ben.....fantastic !!

[Padders]

OK, this is what happened...

 

About 18 months ago Crapquest contacted me about an AMEX debt of c.£4800 they had been assigned. Right from the start they were unorganised and aggressive, and would come on very strong then go away for months on end.

 

In October 2007 I received a County Court Summons, and that's when I found the CAG and even more importantly PT2537!

 

The CAG members helped me file a defence, and whilst I won't bore you with the details, Crapquest were very obstructive; they did not send particulars of the claim, didn't arrive in Court for the first hearing etc. It appears by instigating each stage they expect you to give in and pay. So when they didn't show up in Court the Judge made an order that they should, amongst other things, serve me with a copy of the CCA and a notice of assignment. Eventually (late) they sent me a copy of my original AMEX application, called a "60 Second Application" and a statement from a Crapquest member of staff saying that whilst they could not trace the default notice and notice of assignment, it was academic, I owed the money! Clearly, they could not supply the original credit agreement.

 

PT2537 then helped me with my defence and preparation for the hearing.

 

When I arrived at Court, Crapquest had sent a Barrister, who was quite bullish, but poorly prepared.

 

My case was, that under the CCA 1974 Section S127(3) for a consumer credit agreement to be enforceable, it must contain all the Prescribed Terms and that the application form supplied by Crapquest did not. The amendment to the CCA in 2006 doesn't have this requirement, however CANNOT be applied retrospectively.

 

The prescribed terms must include the interest rates, my signature, payment terms and credit limit. The Barrister argued that the monthly statements sent to me had the payment date, interest rate and credit limit on them, and also as I had had the money and I should pay.

 

I just kept firm on the point that no notice of assignment had been produced and no credit agreement.

 

In the Judges summing up, he firstly said the claim should fail as there is no notice of assignment, and whilst Crapquest would not pursue a claim if it had not been assigned to them, it still needs the notice of asisgnment. I am not sure if he would have thrown it out just on this, but went on to say that without the Credit Agreement, and the prescribed terms in it, and as it was clearly in force prior to the CCA 2006 amendments, the claim must fail. He did touch on the moral aspect, but that is not the law.

 

From my point of view remember this:

 

(1) If it is Crapquest, they are so unorganised and as their Barrister said to me afterwards, "it's a numbers game, 9/10 fail". Push them all the way, and ignore their bully boy tactics.

 

(2) If the credit agreement was in place prior to the 2006 CCA amendments, then they must produce it, with the prescribed terms.

 

(3) They must produce a notice of assigment and proof it was served on you.

 

(4) A moral obligation to pay is not the Law, you may feel a bit embarrassed etc, but you are at a Court of Law not a Moral Court and these organisations deal with the law all day long.

 

(5) Get advice timely from this forum before you do anything; no one here is judgemental. The advice I received was 100%!

 

Finally, I would like to thank all the CAG members that gave me advice and in particular PT2537, without his help, I could not have done this - thanks everyone!

 

Peter

[tinkerbell20]

Congratulations:D

[pt2537]

Hi Peter,

 

Blooming good result mate,it is nice to get one over amex as they are real persistent beggars and they employ a rather big law firm who i believe were involved with the Rankine Case

 

 

Still, i guess i had better move this thread to where it belongs in the Success forum:D

 

Im glad it all worked out for you mate and you know where we are if you need anything else

 

Regards

 

Paul

[Monty2007]

Hi Peter,

 

Blooming good result mate,it is nice to get one over amex as they are real persistent beggars and they employ a rather big law firm who i believe were involved with the Rankine Case

 

 

Still, i guess i had better move this thread to where it belongs in the Success forum:D

 

Im glad it all worked out for you mate and you know where we are if you need anything else

 

Regards

 

Paul

 

Dear Paul

 

I have an Amex Citation (Scotland) and would be very grateful for your input, my thread is:-

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/138263-threat-legal-action-brechin.html

 

Thanks Monty

[upto the eyeballs]

Excellent news. been looking for sucess against Amex

[Desperate Daniella]

Dear Padders,

 

Congratulations on your win over Amex. I am just starting here and also have a 60-second application form. Today BRW pointed out that a good point is that it doesn't have the word 'Card' in the Credit Agreement ... box which hopefully will help.

 

I have read all your thread but can't see (may have missed it) that there is a copy of the back of your agreement on your thread. When I asked for the CCA they sent the application form. The front referred to reading the Use of Information paragraph "overleaf", but when they refer to the T&Cs it just says they form part of the agreement, not that they are "overleaf" at all.

 

I've also read that T&Cs should have a reference number in the bottom left hand corner but there isn't one. In fact I'm not certain that the back would fit on the front.

 

Did you by any chance ever receive from Amex what was supposed to be on the back of the 60-second application form?

 

I'd be so grateful for any help on this.

 

Thank you.

 

DD