Nasty Creation Finance **WON** Discontinued

[honey5]

thanks babe youre a star i'll get that off to them tomoro;)

and a very special happy birthday to you and your brother for yesterday

 

XXX

[tomterm8]

Thanks... just read though, and make sure all the facts are accurate etc. Make sure the fonts and etc are all the same... since CAG does odd things when you paste long text.

 

Personally, I would phone the court up and find out their Fax number, retain proof of postage.

[honey5]

well if it couldve gone wrong it was going too today, little one with ocd moved court papers so total flap here, got sorted and couldnt file online, but........... thankfully that wonderful SSL pulled thru for me and its sorted so huge thankyou to XXL

thanks girl xxxxxxxxxxxxxxxx

honey x

[tomterm8]

Eh, well good luck!

[honey5]

got your letter off eventually tt8 but with great difficulty from this end but ill keep you posted babe and thankyou once again xxxxxxxxxxxxxx

honey x

[sea-sidelady]

Your welcome loon, just glad its now gone. And your feeling more chilled.

[honey5]

just an update letter from the courts this morning

 

 

case number *********************

 

creation financial services ltd -v- honey

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor).

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will in form the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

take it its just a waiting game now then huh

honey x

[honey5]

letter recieved this morning from Drydens solicitors

 

creation financial services ltd~V~yourself

 

We refer to the above matter.

 

Please note we have written to the Court to confirm that, at this stage, our client does not accept the Defence that has been filed and has asked that the matter be transeferred to your local County Court for it to proceed as a defended action.

 

We are liaising with our client and hope to be able to respond to you shortly in respect of the issues that have been raised in the defence.

 

Yours faithfully

 

Drydens

 

 

 

 

 

honey x

[Us versus Debt]

subscribing

[bigandyuk1]

They do love to stretch things out in the hope that we will buckle and give in to their demands !!!

 

Regards

Bigandy

[honey5]

AQ received this morning, N149, been transfered to my local court, has to be back at the courts for 2nd June

could i please have some help filling this in

 

and does anyone fancy holding my hand for court

looks like theyre taking this one to the wire

 

thankyou

honey x

[renegotiation]

It would give me tremendous pleasure to go to court with someone to see one on these companies bite the dust. It would make a nice day out for me with a celebratory drink afterwards. Unfortunately, i'm on the south coast! :( Good luck and kick their pathetic little asses. :D:D

[sea-sidelady]

Here are the links to the AQ guide, they should help you. They are all in here.

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

[honey5]

thanks XXL youre a star

honey x

[poochball]

Subscribing and good luck xx

[car2403]

Are you sorted now, honey?

[honey5]

Are you sorted now, honey?

 

 

noooooooooooooooooooooooooo lol

theyre taking this one all the way i think, but with no documents to rely on thats unless they turn up last min

honey x

[car2403]

noooooooooooooooooooooooooo lol

theyre taking this one all the way i think, but with no documents to rely on thats unless they turn up last min

honey x

 

Ah. I meant with the AQ questions?

[honey5]

sorry no i havent most are straight forward but theres the "bit" in section G that im confused about

honey x

[honey5]

anyone please

still have no documentation from them other than the letters i have set out in the post, but times moving on and it has to be in by the 2nd June

thanks in advance

honey x

[honey5]

would someone please take a look and see if this will do

 

Section A

Yes

 

Section B

Yes

"The Defendant respectfully requests that the case is heard at her local County Court (NCLE CC) as she is a Litigant in Person."

 

Section C

Yes

 

Section D

No

 

 

 

Section E

No

No

No

 

Section F

Non

 

Section G

 

"If the Court is in agreement, the Defendant respectfully requests that special directions may be given . 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, the Defendant is at a disadvantage and is unable to serve a complete Defence in response to the documents requested (further to that filed......). Failure of the Claimant to supply the requested documentation will inhibit the Court's 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.

 

Should the Claimant not have the documentation required to progress this case, the Defendant would respectfully suggest that there is no case to answer. Therefore, it stands to reason that this documentation must be disclosed before the case can progress any further."

 

Section H

No

 

Section I

dated etc

 

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

thankyou

honey x

[pt2537]

would someone please take a look and see if this will do

 

Section A

Yes

 

Section B

Yes

"The Defendant respectfully requests that the case is heard at her local County Court (NCLE CC) as she is a Litigant in Person."

 

Section C

Yes

 

Section D

No

 

 

 

Section E

No

No

No

 

Section F

Non

 

Section G

 

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.

 

 

 

Section H

No

 

Section I

dated etc

 

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

thankyou

honey x

 

Ok well that the AQ taken care of,

 

Now i know that some people wont agree with me on this next bit, especailly since Small claims track has its own standard directions however, i have had some success on this so this is what i would do

 

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.

 

the bits in blue only matter if the debt hasd been sold / assigned to another company and its not the original creditor who are taking you to court

 

then on a seperate piece of paper

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N149 Allocation Questionnaire

 

Section G - 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

 

 

thats how i would go

[honey5]

thankyou so much for your input, as im sure you guessed from the pm i was starting to sweat it a little

its actually drydens solicitors taking me to court on behalf of creation

 

ill get that straight off to MY very specially and friendly printer (ms Jowalsy lol;) )

thanks again

honey x

[car2403]

Now i know that some people wont agree with me on this next bit, especailly since Small claims track has its own standard directions however, i have had some success on this so this is what i would do

 

I'm one of them

 

The reason I wouldn't use this is simple really - in my claim, I requested these directions, was called to a directions/allocation hearing then told that as the claim was a small claim, it comes with it's own standard directions. I was then told that, if my claim fails, I would have to pay for the other side to attend the directions hearing, as it could have been avoided by not requesting special directions. As it goes, the claim was settled out of Court, so that was never tested. I do feel that waiting for a directions hearing date delayed the claim and the Judge did say that, had I not requested them, the directions hearing date would have been the final hearing date under standard directions - so, in effect, requesting special directions delayed my claim unnecessarily, IMHO.

 

I can see why you would request them, but, they don't have that desired effect in every case. Not requesting them could mean your case is dealt with more effectively and quickly, too.

 

Of course, it's your call, but just wanted to share my experience of the use of these. (They are very well written, BTW, Paul)

 

[pt2537]

Hi Chris

 

Thanks for popping in, the great thing about this site is that we can all share our experience and that can only serve to help people make their own decisions

 

I appreciate you taking the time to post this:) and i am always happy to be corrected

 

Regards

paul