claim form help **WON* * DISCONTINUED

[Jud67]

Hi,

 

The AQ is N150 attached previously

 

I have a letter from the court that states that a fee of 200.00 is to be paid by the claimant on the filing of their allocation questionnaire.

 

Do I also have to pay 200.00??

 

I also have a Notice of transfer of Proceedings to my local Court, do i address all paper work to this court now??

 

My CCA letter and 1.00 was posted on the 25th February and confirmed receipt of by Arrow 29th Feb and Eversheds 27th Feb should i be reporting them to the court if i have not received the details requested after the 44 days?

 

I appreciate all comments, help received.

[saintly_1]

The link I posted in #25 gives an outline of how to fill in the AQ .... In section H - Other Information you could put in there about the failure to produce a CCA

[Michael Browne]

Do I also have to pay 200.00??

From HMCS website:

4. Preparing for hearing

4a. Allocation Questionnaire fee

• small claim for money of £1,500 or less no fee

no fee

• small claim for money where the claim is between £1,500 and £5,000

£35

• all other claims

£200

 

This fee is payable by the claimant except where the case is proceeding on a counterclaim alone, when it is payable by the defendant.

Where a fee is due, it must either be paid when the allocation questionnaire is filed, or, if:

either the court decides that an allocation questionnaire is not required;

or the Civil Procedure Rules do not require an allocation questionnaire to be completed,

then the fee must be paid:

 

• within 28 days of filing the defence (or the filing of the last defence if there is more than one defendant); or
  
• within 28 days of expiry of the time for filing all defences.

Warning: if you do not pay the allocation fee when required, the court can make an order which may lead to your statement of case (claim or counterclaim) being ‘struck out’. This would mean that you could not proceed with your claim (or counterclaim).

[Jud67]

Hi,

 

I have had a look at the AQ and excuse me if i am wrong but it seems tobe set out to suit someone trying to recover bank charges and not defending a claim for a defaulted loan that is statute barred

 

Thanks

[Jud67]

Sorry my reply was not meant to sound ungrateful even if it did.

 

Thanks for the advice

[saintly_1]

As I said it gives a guide and I also said you wouldnt need the draft directions and that you could put in section H any other relevant info such as the non compliance with the CCA request ect

[pt2537]

Hi there,

 

Just lookin in while im taking a quick break from my studies, now i think a draft order for directions should be used, it may not get ordered BUT if you dont ask then you never get;)

 

i think that by way of directions , they need to be very simple and ask for the claimant to provide documents which he relies upon to show the debt is not statute barred and also that they have the right to collect this debt so you would need to ask for the Notice of Assignment (law of property Act 1925 S 136) which must be served by recorded post (LoPA 1925 s196) and i would be asking for the Default notice too

 

if they cant supply any of the info then their case should be struck out

 

this may help as i wrote them more with debt in mind but you would need to amend to suit http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[Jud67]

Hi,

 

I still have not had any response from Arrow or Eversheds since Feb 29th is there more i can do to get information out of them or am i better off letting them dig themselves a hole by not provideing me the information.

 

Should i send the AQ now or last knockings.

 

Thanks for the support.

[Jud67]

Hi,

I received Notice of discontinuance from Eversheds this Morning, legally what does this mean to me? Can i file it all away and get a good night sleep or do i need to do anything else, the letter has been copied to the County Court.

[pt2537]

Hi,

I received Notice of discontinuance from Eversheds this Morning, legally what does this mean to me? Can i file it all away and get a good night sleep or do i need to do anything else, the letter has been copied to the County Court.

 

well what it means is that the case is over , they have discontinued

 

keep the letter safe as they are not allowed to restart this case again without the permission of the court on the same material facts, and i doubt very much that the court would give permission considering it was statute barred

 

It means now that you can have a good nights sleep;)

 

Congrats

[42man]

Great work all on this esp PT !!

[Jud67]

Thanks for everyones assistance especially PT2537 would of buried my head and had 13k of debt to pay.

 

Will definately donate, a geat site!

[pt2537]

Thanks for everyones assistance especially PT2537 would of buried my head and had 13k of debt to pay.

 

Will definately donate, a geat site!

 

Well its a good job you didnt bury your head, im glad that you got a good result. its results like this that gives me a sense of satisfaction as i hate to see these large financial institutions ride roughshod over our rights and ignore the law

 

keep that letter very very safe jud67 and i hope that lifts a great weight off your mind now and you can get a good nights sleep without the worry

[saintly_1]

Well done A good nights sleep for you very well deserved

[stapeley]

PT in post 32 you mention the default notice and notice of assignment . I moved house and never received any of these.

[creditcardmug]

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