Claim form issued but still no CCA received

[BeauBrummie]

It needs to be set out correctly so I think you are going to need help from someone else with this bit, maybe the mods could give someone a nudge who could help.

 

BB

[Cat Woman]

My problem is now that I'm short on time - only have tonight - due to my own stupidity! I will just have to do it the best I can - leaving out the legal jargon!

[Goldlady]

You can fax the defence to the court on the due date catwoman if that is of any help - I have done it a few times as I am an expert at leaving things till the last minute. It won't take long to compose if the gang on here get involved....

[Cat Woman]

Guess where we went to last night?? Luckily we only live 2hrs drive from Bradford so we took the defence in ourselves by hand. Sorted it out on time - looked at some examples on here & adapted them to suit our case. Not sure what happens next though - anyone got any ideas on court procedures??

[Goldlady]

The next thing that will happen I think is that your defence will be acknowledged and the other side will be sent a copy. Then the court will issue an allocation questionnaire to both parties, which is where you tell them which court you think is appropriate for the hearing (small claims, fast track, multi track) and they will decide based on the complexity of the case. At this stage the claimant has to pay more money to file their AQ so if your defence has rattled them (lack of CCA being quite a good one:p) they may actually back out at this stage, if they haven't already.

 

Fingers crossed;)

[BeauBrummie]

I am pleased to see you have got the defence in on time, did you get stopped by the police for speeding ? lol:D.

 

Hope it all goes well for you and give Eversheds a rocket where the sun don't shine. From personal experience I wish i could have my time with them all over again but still "water under the bridge" as they say.

 

Good Luck and keep us posted with any updates:).

 

BB

[Cat Woman]

Thanks everyone.Thank you in particular BB - as if it hadn't been for your keen observations of the thread, the papers would have still been sitting in the pile at home waiting for mid-June to arrive. It's funny how things happen - must be fate. Let's hope we have a good outcome. Thank God Bradford is not too far for us - no way could we have got much further in such a short time!

[BeauBrummie]

Hi Catwoman,

 

Re your thread on time limits, you should stick to one thread it helps others know to what you refer.

 

The Judge who looks over your case should now be deciding on the next move in the process. You are still at the stage that goldlady described and must wait for direction from the court.

 

Im sure you will here fairly soon its a waiting game im afraid.

 

BB

[Cat Woman]

Hello all,

 

We received our AQ this week - N150. Will be completing this over weekend - deadline is 7th July - and court is only 10mins from our home. Today we received a photocopy of the AQ which the other side have filled in, presumably to send back to the court. They have filled in Section G Costs as £400 in costs incurred to date and an estimate of their overall costs to be £3,500!!! Is this another scare tactic to try & make us sit up & think again???

 

I'll be seeking guidance from anyone who can help me complete our form. To date we've still not received a CCA or info under CPR, as requested in earlier letters. They have also ticked the box for wanting a "stay" for a month - what is this?? We would rather get it over & done with.

 

Many thanks for any help.

[creditcardmug]

Have a look here for starters, come back if you need more advice

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[Cat Woman]

Hi everyone,

 

Just received some papers from the Court - am hoping someone on the forum can translate into laymans terms.

 

It is an order from the judge stating:

 

1. Claim is allocated to fast track (this bit I understand!)

 

2. Disclosure of documents shall be dealt with as follows:

a) The parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm 15/08/08.

b) Any request to inspect the original of a copy document shall be made by 4pm on 29/08/08 and any request shall be complied with within 14 days of the receipt of request.

 

3. Each party shall serve on every other party the witness statements of all witnesses of fact on whom the party intends to rely by 26/09/08.

 

4. Each party shall:

a) serve any request for clarification or further information based on any document disclosed or statement served by another party no later than 14 days after disclosure of service and

b) reply to any such request served on it within 14 days of service of teh request.

 

5. Completed pre-trial check lists shall be sent to the Court by 7/11/08.

 

6. The claim shall be listed for trial during trial window 5/01/09 to 23/01/09 with a time estimate of one day.

 

7. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application within 7 days of service of this order.

 

It is points 2, 3, 4 and 7 which I,m not clear about.

 

Any help gratefully received. To date we've still not received CCA or a reply to our requests & the judge knows this as it was stated on our AQ.

[Cat Woman]

Hello everyone,

 

Out of the blue today we received a Notice of Discontinuance from the DCA solicitors dealing with the case - what a relief - it's been dragging on for so long. To date we had complied with every date on the court's order however, the other side had complied with not one thing!

 

Does this mean that as it didn't get to Court, it will now be sold on to another DCA?? I can't face going through all this again!!!

 

Also, as we hadn't discovered the CAG forum, when first chased to the alleged debt we made about 5 payments of £50 to the DCA - later realising that they were collecting this illegally. Would it be wise to quit whilst we're ahead or would it be worth trying for a refund? We didn't tick the box for a counterclaim on the cort form.

 

Thank you to everyone for your expert guidance through all the legal jargon, etc.

[pt2537]

Hello everyone,

 

Out of the blue today we received a Notice of Discontinuance from the DCA solicitors dealing with the case - what a relief - it's been dragging on for so long. To date we had complied with every date on the court's order however, the other side had complied with not one thing!

 

Does this mean that as it didn't get to Court, it will now be sold on to another DCA?? I can't face going through all this again!!!

 

Also, as we hadn't discovered the CAG forum, when first chased to the alleged debt we made about 5 payments of £50 to the DCA - later realising that they were collecting this illegally. Would it be wise to quit whilst we're ahead or would it be worth trying for a refund? We didn't tick the box for a counterclaim on the cort form.

 

Thank you to everyone for your expert guidance through all the legal jargon, etc.

Hi there

 

It means that youve won and if they have discontinued after a defence was filed then you are entitled to your costs as well at the rate of £9.25 per hour, of course the costs would need to be reasonable and i would suggest around 20-30 hours would be about right, however you do need to break down your costs properly

 

also it now means that they need the permission of the court to restart a claim again so i think you are pretty safe

 

if they sell it on to someone else you have a complete defence and just tell them to go away as the case went to court and they failed to prove their case so you owe them nowt

[Goldlady]

Well done catwoman!! Superb news.

 

If it was me I would quit while I was ahead as you said above - but that decision is entirely yours.

 

Have a great weekend:D

Edited October 17, 2008 by Goldlady
typo

[Cat Woman]

Thank you for your good wishes.

 

For the time being I am going to put this out of my mind. I'm just glad that those arrogant, bullying, big-headed idiots at that particular DCA are off my back. I thought they may be up to something when the phone calls stopped - even though we were mid-court proceedings!

 

I am so glad I found the CAG forum!

[Goldlady]

I am so glad I found the CAG forum!

 

I think a lot of people feel like that - me included:D

[creditcardmug]

Well done you have won!, you can relax now as it would be extremely difficult for them to resurrect this case, as PT says you can now claim your costs, if you wish, however this is your decision.

 

Im sure this is a weight off your mind.

 

Regards CCM

 

Just to make sure i would phone the court on monday to check they have notification of the discontinuance, but im sure it will be fine.