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Help please...... the next stage


orky
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Hi All

 

 

I really need some advice on this.

 

State of play so far. Summons issued by claimants solicitors. defence filed etc (with help from PT2537). Court requested case management conference.

 

After the case management conference with the judge the claimant requested a stay. this was granted on the basis the claimant wanted more time to negotiate a settlement. the court advised me of this in writing and the order ststed the following.

 

1 stay of proceedings for 1 month to see if settlement can be reached.

 

2. if settlement reached the parties to notify court.

 

3. if no settlement reached the parties are to endeavour to agree directions for the continuation of this matter and if no agreement reached the claimant to notify the court by 27/5/08 when a directions application will be listed.

 

4 costs reserved.

 

my question is to the directions and part three. the claimants solicitors are requesting my proposals for directions. I am asssuming they mean what i want them to provide me. This would basically be contained in my defence I assume.

 

perhaps somebody can give some guidance on the directions issue.

 

r

 

orky

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What sort of account is this for?

Have you received a valid agreement & default notice?

 

How about something like

 

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,
  • 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.

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Hi Gh

the account is for a credit card. I have received a default notice but not a valid CCA doc.

 

Like your proposed directions. is there anything else I should include.

 

R

 

orky

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