Capquest/HL - claimform Cap1 debt *OH gave in £30PCM*

[joneseyblod]

Yes I would be interested too, especially with the detailed defence creditcardmug did! Wow!

[rogermeard]

UPDATE..................

 

Today we received a letter from Bulk court centre stating that our defence has been filed and the case is to be transferred to our local County Court.

 

The letter also contains an Allocation Questionnaire (Small Claims Track) which has to be filled in by us before the 20/4/2009 and given to Court. The form was dated the 3/4/09 and sent yesterday, effiecient service not.

 

Is this the correct procedure that we have to go down, "small claims track" ?

 

It also says a fee applies , surely i don't pay a fee for filling in this form?.

 

Advice required please guy/gals.

[creditcardmug]

Hi mate, no you dont pay anything (the other side do though:D)

Yes this is the correct procedure, it means that the claimant has indicated to the court that they wish to proceed.

 

Ill re-read the thread again, and get back to you on how to fill it in etc. is it N149 or N150? is the claim under 5k?

 

This is probably the most important part to get right.

[rogermeard]

The claim is under £5k, the form is a N149.

 

Sorry for the late reply, on shifts.

[creditcardmug]

Ok, posting up the info to fill in N149

 

A tick no

 

B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

 

C tick yes

 

D write none

 

E tick no to the first question, leave the rest blank

 

F self explanatory tick yes and fill in if there are dates you cant attend if not tick no

 

G in the big box write “please see attached section G”

 

H leave blank

 

I sign and date etc

[creditcardmug]

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© notices of assignment together with proofs of service

(d) the deeds of assignment shall be brought to the hearing

(e) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

Edited April 13, 2009 by creditcardmug

[creditcardmug]

Other Information

 

Section G

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 these documents must be disclosed before this case can progress any further

[creditcardmug]

Make copies of the last two posts to attach to the AQ

[Patma]

I'm really shocked to hear how your bank's treated you, rogermeard. I wonder if it's worth making a formal complaint and if you don't get any satisfaction taking it to the ombudsman.

I would definitely be taking my custom elsewhere though whatever the outcome. Your regular income would be safer going into a new account now and then you could pay small amounts, as and when you could afford them till the overdraft is cleared. Make sure the new bank account is with a bank which is completely separate from the original one, so that your money can't be hijacked That way you'd be back in control of your own money.

You are absolutely entitled to have money for food and other necessities.

Good luck with your court case.

[creditcardmug]

Shocked patma, how so?, ive long passed the point of being shocked by things i read on here...my shock/horror is now transposed into anger/revenge!

[creditcardmug]

Can a mod move this to the legal forum now please

[Patma]

Shocked patma, how so?, ive long passed the point of being shocked by things i read on here...my shock/horror is now transposed into anger/revenge!

Yes you're right creditcardmug, but somehow it still gets to me that way.

I couldn't agree more about directing our feelings into anger so we can get revenge for all those who are being treated in these appalling ways.

[rogermeard]

CCM, your Inbox is full

[rogermeard]

CCM you have a PM.

[creditcardmug]

Roger

I have amended the draft directions, you will need to print it off again, section 3 is correct

[rogermeard]

UPDATE....................

 

The Court accepted our directions and demanded copies of everything from the Claimant.

 

The Claimant has now sent the Court and us copies of the same usual stuff they have been sending us for ages.(only copies though)

 

Court has now directed us to file an amended Defence. 14 days to do so.Form N9B.

 

Obviously this will be going to a hearing then.

[rogermeard]

CCM pm sent:)

[rogermeard]

Any clues as to defence?

[creditcardmug]

Did the judge make the order exactly as in your directions?, if not can you type up what the order said.

 

Have they complied with the judges order, completely?

 

What does it say in the paperwork you have just got from the court, apart from the n9b?

[rogermeard]

not at home presently, however the claimant has supplied the same "copies" as i have described in earlier posts. As far as i can remember the judge wrote the order out the same as the draft (i will confirm that later). The only thing i got from the court was a copy of the order tha had setion 4 highlighted in fluoro pen and the N9B thats all.

 

No idea if they have complied fully. I assume they have enough for the court to send this back out to me?

[rogermeard]

anyone know how i can post up document scans??????

[42man]

Hi Roger...you could use www.photobucket.com (free) and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[rogermeard]

[rogermeard]

CCM, the above document is what we received from the court. It DOES differ from the Draft Order we wrote out, i will copy that Draft below.............

 

 

 

 

Draft Order for Directions

 

 

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and ***************under reference **************** together with any terms and conditions that applied to it, the original document must be brought to the hearing.

 

(b) the default notice together with proof of service

 

© notices of assignment together with proofs of service

 

(d) the deeds of assignment shall be brought to the hearing

 

(e) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and,

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[pt2537]

have they supplied EVERYTHING the order required?