Barclaycard - County Court Claim**WON**

[saintly_1]

Heather ..... have a look at the link that Michael posted then post back with any questions

[Heather58]

Hi there.

 

I am filling in partners N150 Allocation Questionnaire and even after reading Michaels thread regarding completing questionnaire, I am still non the wiser

 

Section A - I assume I tick No, No, No.

 

What do I need to put in No. 4

 

Have filled in B

 

Section C - Pre-action Protocols - What do I put here?

 

Section D - Have filled in witnesses part, do I put figure in dispute as that being what Barclays are trying to claim.

 

Exprests Section _ Tick All NO

 

Track - Do I tick Fast Track

 

Section E - Trial or Final Hearing - Have put 1 Hour

 

Section F - Proposed Directions - What goes here?

 

Section G - Costs - Leave blank

 

Section H - Fee - Is it not Barclays that should pay fee as I am not claiming any charges etc. from them.

 

Section I - Other Information - Should I inlcude documents, if so, what documents.

 

I am sorry that I appear useless but think I am way out of my depth here and am also tired so hard to concentrate.

 

Any help much appreciated.

[Heather58]

Bump

[Jeff2000]

Hello Heather,

 

 

I am also in the process of filling in my N150!

 

I'll take a quick look and see if I can answer any of your questions.

 

 

Jeff.

[gh2008]

Heather, try here http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html it's almost perfect for you as it is

[Heather58]

I don't want to appear a hair head but where was the link supposed to take me as I ended up on Consumer Action Group Home page.

[Heather58]

I am at work so I yo-yoing in and out of here.

 

Any help with my N150 is greatly appreciated as I have to have it at court by tomorrow.

[gh2008]

Weird the link won't work

 

I am often asked for help with allocation questionnaires where users are involved in cases which the other side has failed to supply copies of the credit agreement etc, in some cases they have even failed to comply with a part 18 Civil Procedure Rules request

 

 

to make life easier, i thought it would be easier to put my suggestions for directions and other information on here to keep them all in one place.

 

It is becoming very apparent that many DCAs are entering litigation without the correct credit agreement etc and that is why they fail to supply this information when requested under the CPR. it is my personal belief that they enter litigation in the hope that you wont defend and they will win by default

 

if you get to the Allocation Questionnaire stage the the claimant hasnt provided a copy of the credit agreeemnt and has ignored your CCA and/or CPR request then these Directions may come in handy.

 

if they are used and the judge agrees, then the claimant MUST supply the requested info and if they dont their case could be finished as you may be able to ask for the case to be struck out

 

if you are unsure about anything contained within then please ASK FOR HELP

 

 

 

Quote:

 

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.

 

 

 

 

 

 

Now the Draft order for directions above is applicable to both the N149 and N150

 

 

Quote:

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N149 / 150 **Allocation Questionnaire

 

Section G / 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

 

**Edit as needed

 

now on the form in either Box G or H depending on the type of AQ you have, write the following.

 

Quote:

Please find the following attached to this allocation questionnaire;

 

1) Section G / H ** - other information

2) Draft order for directions

 

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

 

i always send a photo copy of the AQ to the claimant as a matter of decency,hence why i suggest the above comment

 

If you need any help at all with any documents then please please please ask for assistance . getting it wrong at this stage can cause you problems

__________________

[gh2008]

The above is copied from PTs page on N149 & N150

[Jeff2000]

Hi Heather,

 

 

Section A, tick no if you believe you have given Barclaycard enough of a chance to reach a settlement.

 

Section C, Basically, I think this part refers to any information that you will be relying on to defend your case. For example, if you are counterclaiming for bank charges or PPI etc, then if you have given a copy of your charges to the claimant (usually in a spreadsheet) you have complied. If you are still awaiting things like statements from the claimant, then you cannot yet counterclaim properly and therefore this would be a reason why you have not complied. So, as long as you have sent them copies of stuff required, then tick yes. (Hope this isn't too confusing as I'm not always too great at explaining things).

 

Section D, All of the amount is in dispute if you are going for enforceability due to no CCA.

 

Experts tick no.

 

Track, if the figure they are claiming is only just above £5000 or the amount would be below £5000 if you were to recover any unlawful charges or PPI, then I would tick small claims and explain why in the box provided.

 

Section E, 1 hour is probably fine.

 

Section F, Basically, if you wish to print out the copy of draft directions then do so and tick yes.

 

Costs, definitely leave blank.

 

Section H, I believe you do not need to pay a fee if there is no counterclaim. (But just to be safe you could take some money or your cheque book to the Court when you take the AQ and ask).

 

Section I, If, for example, you have sent the claimant a letter asking for statements or other information and they have failed to respond to your request, then you can if you wish attach a copy of these letters and tick yes.

 

Then in other information anything else you can think of that might help.

 

 

I'm sure somebody else will correct me if I have made any mistakes!

 

 

Best wishes, Jeff.

[Jeff2000]

Hi Heather,

 

 

See also gh's post #99 for more advice and some docs to copy and attach to you AQ.

 

 

Regards, Jeff.

[Heather58]

Hi PT, nice to see you online - Have you got any recommendations on filling out my partner's N150?

[letitbeme]

I'm an interested subscriber

[cashins]

Sub

[pt2537]

Ok.

 

Sorry for the delay in looking in, but ive been really busy with personal probs

 

i will try and answer the questions as best i can

 

Part C Preaction protocols

 

NO I would say that if they never sent you a letter before action warning you of the intended legal action, i would write this

 

the claimant failed to comply with the general preaction protocol 4.3 insofar that no letter before action was served, as a result of the claimants failure i have not had the opportunity to comply with the Preaction protocols by replying to their letter before action as non was served

 

to the best of my knowledge no other protocols apply to this mnatter

 

 

With regards to directions look here, it has a set of draft orders http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

 

now, you need to amend them to suit your case,

 

 

and then in the large box where it says

In the space below, set out any other information you consider will help the judge to manage the claim

write this

 

Please find the following attached to this allocation questionnaire;

 

1) Section I - other information

2) Draft order for directions

 

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

 

and amend the piece that says section G/H other info to Section "I" other info

 

 

i hope this helps

[Heather58]

Pt, thanks for looking in.

 

I am still non the wiser but will do my best to trudge through it.

 

Can you clarify though, do I have to pay a fee as I am not claiming anything from Barclays, it is them that are trying to get me to pay them.

[pt2537]

Pt, thanks for looking in.

 

I am still non the wiser but will do my best to trudge through it.

 

Can you clarify though, do I have to pay a fee as I am not claiming anything from Barclays, it is them that are trying to get me to pay them.

 

No most definitely not, a fee is only payable on Counter claim or if you are the claimant

 

the main thing to make sure is you have printed out the Directions and other info on 2 separate sheets of A4 paper and attach them to the AQ

 

also with regards to the time for trial, i would suggest 3-4 hours is a reasonable time frame, and dont forget also to put you OH on the AQ as a witnes, and he would be Witness of Facts ( all facts)

 

if you need anything else just ask but my availability will be very limited

[Heather58]

To summarise what I have done so far:-

 

Section A - For all - I have ticked the following:-

 

1: NO

2: NO

3: NO

 

Need to fill out No. 4 - Reasons why we consider it inappropriate to try settle the claim at this stage.

 

Section B - Ticked YES (Because I am representing myself).

 

Section C - Preaction Protocols - Ticked NO and written as your post.

 

Section D - Case Management Information

 

What amount of claim is in dispute - Do I leave this blank?

 

Applications - Ticked NO

 

Witnesses - Put my OH name - What do I put in Witness to which facts?

 

Experts - Ticked NO, NO, NO, NO

 

Track - I asume I tick Fast Track as amount they are trying to claim is over £5,000?

 

Section E - Have put 3 hours & ticked NO

 

Section F - Proposed Directions - Type up and amend as per your post and also tick box YES

 

Section G - Costs Assume leave blank?

 

Section H - Fee - Ticked NO and put Not Applicable in this Case

 

Section I - Other Information _ Ticked YES, YES (as I will post a copy to Barclays Reps tomorrow whe I take form to court) & ticked NO

 

In box Have written in per your post - please find attached ......

 

Do I put my OH details in the box at bottom with telephone number etc.

 

I am sorry to bore you with this considering your own personal probs but appreciate the help as I haven't a clue.

[pt2537]

To summarise what I have done so far:-

 

Section A - For all - I have ticked the following:-

 

1: NO

2: NO

3: NO

 

Need to fill out No. 4 - Reasons why we consider it inappropriate to try settle the claim at this stage.i would suggest something along the lines of that the claimant hasnt provided any supporting documents as matters stand therefore until such time that they supply the requested information i do not know what case there is to answer

 

Section B - Ticked YES (Because I am representing myself).

 

Section C - Preaction Protocols - Ticked NO and written as your post.

 

Section D - Case Management Information

 

What amount of claim is in dispute - Do I leave this blank? enter the figure they claim

 

Applications - Ticked NO correct

 

Witnesses - Put my OH name - What do I put in Witness to which facts? (Just want to check, its your OH who the claim has been issued against isnt it?)

 

Experts - Ticked NO, NO, NO, NO

 

Track - I asume I tick Fast Track as amount they are trying to claim is over £5,000? How much over? i would tick small claims anyway personally

 

Section E - Have put 3 hours & ticked NO

 

Section F - Proposed Directions - Type up and amend as per your post and also tick box YES

 

Section G - Costs Assume leave blank? YEP BLANK

 

Section H - Fee - Ticked NO and put Not Applicable in this Case

 

Section I - Other Information _ Ticked YES, YES (as I will post a copy to Barclays Reps tomorrow whe I take form to court) & ticked NO

 

In box Have written in per your post - please find attached ......

 

Do I put my OH details in the box at bottom with telephone number etc.

 

I am sorry to bore you with this considering your own personal probs but appreciate the help as I haven't a clue.

 

i hope what i have listed in blue helps

[Heather58]

Thanks PT for all your help last night.

 

Have completed AQ this morning and typed up relevant bits from your post.

 

All enveloped up now ready to be delivered by hand within next hour or so.

 

Also sent copies to Barclays & their legal reps as a matter of courtesy.

 

What happens next?

[Jeff2000]

Hello Heather,

 

 

Have you received anything in the post this morning from Barclays or Optima?

 

I have received a copy of their AQ!

 

 

Best wishes, Jeff.

[Heather58]

Unfortunately left for work before postie came so will check when I get home.

 

Although I did send Barclays & Optima a copy AQ and directions yesterday when I dropped AQ in at court.

[Heather58]

Yes Jeff, also got copy of their AQ - Guess what I don't understand any of it!!

[Jeff2000]

Hello,

 

 

I think I will just wait until the Court contacts me with any orders etc!

 

Jeff.

[Heather58]

Not much else we can do Jeff.