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help needed with again - re Link Financial


pollydog
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Hi

I have had Link on my back since late 2007 and Curlyben has been helping me out. I filled my defence before Xmas and on the 14/01/08 had a reply from link apologising for the delay in providing me with C P R info i required but it had been requested but was stored off site they did enclose a copy of the letter of assignment that was dated 20/02/05. shorty after there letter the 28 days given by the Court was up.

I have now had a letter form the Court saying that as i filed a defence i need to fill out an Allocation questionnaire and i am a bit unsure on what to put- it asks if i wish there to be a month stay also Pre-action protocols will this apply to me and Proposed directions can anybody help me .

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Hi pollydog

 

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.

 

amend the bits that are XXXXXXX to suit your case,and then print it off onto plain paper

 

 

then do the same with this

 

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

 

 

 

 

then in the large box under the Heading Section H write 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 **/**/2008.

 

i hope this helps.

 

anything else you need just shout

 

regards

paul

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right part A refers to do you want a stay in proceedings, now this would be for you to negotiate with the other party? if you are looking to negotiate then tick yes otherwise tick no

 

part C is preaction protocols you want to tick part 2 No

 

on D you want to put in the box where it refers to witnesses, your name, and witness of fact

 

with where it says Track, if the claim is under 5000 then tick small claims if its over 5 but under 15000 then tick fast or else tick multi if its not the other two

 

time for hearing i would say 1- 1 .5 hours

 

 

anything else you need to know?

 

 

regards

paul

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