Help! Received Court Claim Form**WON**

[pt2537]

Hello Phil,

the N149 is predominately used where cases are suitable for the small claims track whereas the 150 is more used in fast or multi track claims

 

bear with me Phill and i will go through it with you

 

its fairly straight forward and once youve filled it out you will see what i mean

[MR2Phil]

Ok, brilliant. Cheers Paul

[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, which the claimant seeks to rely upon
  
• 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.

 

 

right then Phil,

 

firstly, amend that above and print off onto A4 plain paper

 

 

then do thee same with this

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N149 Allocation Questionnaire

 

Section G - other information

 

1). It is requested the court give consideration to using its case management powers pursuant to part 3.4 of the Civil Procedure Rules to strike out the claimants claim for failing to comply with the requirements of inter alia part 16.2(1) (d) and fails to comply with the requirements of practice Direction 16 in so far that it fails to comply with point 7.3 which states

 

7.3 Where a claim is based upon a written agreement:

(1)

a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing,

 

The claimant failings to supply this documentation has placed me at a serious disadvantage, especially when it is considered that the credit agreement must comply with the Consumer Credit act 1974 and the Consumer Credit (Agreement) regulations made under the act. The consequences of the document failing to comply with the regulations and the Act can render the agreement unenforceable even by the honourable court.

 

If the court does not consider it appropriate to strike out the claimants case as suggested above, I respectfully request that the court considers the request set out below in point 2

 

 

2). Alternatively, if the court does not consider it just to strike out the claimant claim as set out in point 1, 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

 

 

then in Box G write the following

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2008.

 

 

 

thats the directions taken care of

[pt2537]

Phil, do you need help with the main form itself?

[MR2Phil]

Ummm...yes please. Thanks very much for that previous post too. Doing that now.

[pt2537]

ok,

 

A) No

 

B) If the form has to go back to your local court then tick NO if not the shout

 

C) Yes

 

D) Zero

 

E) no,no,no,no, blah blah

 

F) well you can answer that one

 

 

G already dealt with

 

H) NO cause you dont pay

 

I) i hope you can do that one:)

 

 

 

if you need any more help mate, just shout

[MR2Phil]

Great, that's all done. Thank you SOOO much.

 

Do I send photocopies to CLF and the originals back to the court? And why do I not have to pay (although that is good news!).

[pt2537]

Phil,

you send a photo copy to the claimants

 

the original goes back to your court.

 

the fee is for the claimant unless you are specifically directed that you have to pay. there should have been a covering letter from the court with the AQ what does it say?

 

it should say the Claimant is required to pay the fee of xxx?

[MR2Phil]

No, it just says about transferring proceedings to my local court and where to return the AQ to, no mention of any fee at all.

[pt2537]

No, it just says about transferring proceedings to my local court and where to return the AQ to, no mention of any fee at all.

then no fee to be paid

 

to put your mind at rest if you like just give your local court a call,

 

they will confirm this for you;)

[MR2Phil]

Ok, thanks. I swear, if I ever win the lotto you're getting a slice!

[MR2Phil]

Right, that's all sent. Original went to my local court, copies to Howard Cohen.

 

What is likely to happen next and what is the estimated timeframe?

[MR2Phil]

Anyone?

 

[pt2537]

Right, that's all sent. Original went to my local court, copies to Howard Cohen.

 

What is likely to happen next and what is the estimated timeframe?

 

Hi Phil

 

ok, well alot depends on the other side,

 

its now a matter of waiting for the other side to file their AQ in the time limit set. if they do, then you will get either a set of orders/directions or you will get notification of a prelim hearing.

 

if they dont file their AQ then you will get notification from the court that they have to file it by XX date or their case could be struck out

 

as i said its really a waiting game now

[The GodMother]

They will then wait fo the claimant to file there AQ and when and IF they do the case file will be given to a judge and they will make a decision based on everything in front of them.

 

Chrissi

[The GodMother]

posted at same time paul.

[MR2Phil]

Brilliant, thanks both of you. I am moving house pretty soon...do I only have to notify the local court? I'm still going to be in the same town and that will still be my court of choice (oxymoron there!?!)

[pt2537]

yes phil you do,you need to inform the court that is dealing with your case

 

and you also should inform the Claimant too via special delivery

[MR2Phil]

Yesterday was the cut off point for getting the AQ in. Is it worth giving the court a bell to see if CL got their's in on time?

[pt2537]

worth a shout although, if they didnt, chances are that the court will just write to them ordering them to comply and file by xx date

 

now once this has happened,depending on the order ,if they dont comply, then you can ask the court to throw their case out

[MR2Phil]

Bum....just phoned the court and they received the AQ from CLF today...it's been passed up to the judge for allocation. What happens now? Still hoping they give us a chance to settle out of court and CLF accept, say, 50% of the total.

[MR2Phil]

Ok...so I received a letter on Friday from the judge saying that he is giving CLF and I until April to sort our case out.

 

What does this mean? Why not just thrash it out in court?

[pt2537]

ok well, its difficult to comment unless you can let me know the wording of the order

 

the devil is in the detail im afraid Phil so , if you can post what the order says then i can help you further

[MR2Phil]

ok well, its difficult to comment unless you can let me know the wording of the order

 

the devil is in the detail im afraid Phil so , if you can post what the order says then i can help you further

 

Ok, thanks Paul, I'll get it up tonight.

 

Cheers

[pt2537]

Ok, thanks Paul, I'll get it up tonight.:o

 

Cheers

 

I think you mean you'll post it up tonight;)

 

people could misread that and think you mean...........