Help Please Re: CCJ From Northampton CCBC - ***DISCONTINUED***

[AndyOrch]

You need to be sure that you've got your dates right in respect of when the AoS and defence needs to be filed. For example, if you receive a Court claim with an issue date of the 25th June 2008, you are given 5 days for service (delivery) so that takes you to the 30th June. You then have a further 14 days to file your AoS and if you need a further 14 days to file the defence, that is available to you. So in all, you get 33 days in total. If you are unsure, either post up the issue date here, or ring the Court ASAP, the number is on the front of the claim form, on the right hand side tiny print.

With regards to your intentions and if you intend defending then you need to do CPR 18 request (thanks Sequenci) again ASAP and give them 14 days to respond.Subject to their complience this will form the basis of your defence beit an holding defence or final.

 

I trust the above is of help

 

Regards

Andy

[AndyOrch]

Yes preferably G/delivery IMHO You will do your AoS online if this is a MCOL summons and what your intentions are.Send CPR 18 request to their sols address as advised on the summons

 

Regards

Andy;)

[AndyOrch]

Hi Misterzeus

 

No 1

 

 

Regards

Andy

[AndyOrch]

[AndyOrch]

Hi

 

Its really your decision the only way to stop a a judgement by default is to defend the whole claim submit your defence with the reasons to why you disagree with the claim ie it may contain penalty charges or their actions are averred as both UNLAWFUL and VEXATIOUS.

It really takes courage to stand up to them .They seek your acquiesce.By defending the whole claim you signal that you will challenge them and make them work for their goal a CCJ against you which will be with you for 6 years.

The choice is yours!

 

Regards

Andy

[AndyOrch]

Fingers crossed for you Misterzeus

 

 

 

Regards

Andy;)

[AndyOrch]

excellent news Mr Z

 

 

Now we can concentrate on these muffins when you settle into your new position

 

 

Regards

Andy;)

[AndyOrch]

Sorry for not responding earlier, but I have been away on business.

 

A defence should be deal with the claimants pleading and not be complicated and long in these matters. It should not contain references to cases etc. Do not forget you may have to argue that which is contained in your defence and so you need to understand that to which you are endorsing a statement of truth. The case of Dimond v lovell is not on all fours with this case. Until the claimant pleads in an appropriate manner, you should not reveal all your 'cards'. I suggest a defence as follows:-

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleadindg in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectivley or at all. The defendant is embarassed.

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

I hope this helps and is understood. I did not want to appear 'complicated' and apologise.

 

I have been reprimanded by persons for not explaining the 'full story' behind my suggestions. Some of those persons are suggesting you rely upon precedents to help in your case. I doubt you have read those precedents or the persons suggesting the same have done so. If they have they have not understood the same (now thats complicated). There is very little effective meaningful precedent in theses matters and you need to rely upon the CCA 1974. There is plenty of decent advice on this site, the difficulty is sorting the wood for the trees.

 

 

 

 

I would fully endorse the above

 

Regards

Andy;)

[AndyOrch]

Hi Why isnt it just input via MCOL

 

saves on the postage IMHO

 

Regards

Andy;)

[AndyOrch]

Thanks citizenB, but have had a thought...

 

As at this stage there is nothing for Mr Z to dispute having nothing from Incasso regarding CPR request, so in reality, the Embarrassed Defence should be sufficient? Yes

 

Thanks again, Mr Z says thank you very much too!

 

If someone knows if the above is enough, appreciate it. Clock is ticking and want to get it off in the post.

 

 

 

Regards

Andy8)

[AndyOrch]

Hi Mrs Z

 

Dosent realy matter The Court does not get involved anyway till the Claimants respond to your defence and if no response is recieved then their claim will go to stay.Make sure you print your time reciept off after submission via MCOL. Send hard copy Solicitors letter to Incasso they will recieve a copy of your defence via MCOL. Job done;)

 

 

Regards

Andy:)

 

 

 

Regards

[AndyOrch]

Hi

I suppose you could also put a copy of said defence in the letter.The main thing that matters is that the Court have recieved your defence and on time.

 

 

Regards

Andy:)

 

 

Regards

Andy;)

[AndyOrch]

they will recieve a copy of your defence via MCOL. Job done:wink:

 

 

Come CCM catch up post 86:D

 

 

Regards

Andy;)

[AndyOrch]

Hi Mr & Mrs Z

 

A nice genuine unenforcable application form;)

 

 

Regards

 

Andy:)

[AndyOrch]

Hi

 

Do nothing now not until you recieve an AQ which I doubt very much,the claim will remain stayed until such time the claimant wishes to revive the claim.The longer they leave it the better for yourselves.The claimant will have to pay and give very valid reason to revive said claim.

So in answer do nothing excersise patience and then apply for a strike out.

 

 

Regards

 

Andy;)

[AndyOrch]

Hi Mrs Z

 

Consecutive.

 

Regards

 

Andy:)

[AndyOrch]

Hi Mrs Z

 

Dont do anything untill ,if you recieve an AQ.Incasso wont contact the Court with regards to your requests they only act as a go between until said AQs are issued

 

I trust the above helps

 

Regards

 

Andy;)

[AndyOrch]

Hi Mrs Z

 

My ears are burning;)

 

Stays can remain in place months even up to a year.The Claimant can revive said claim at any time,with good cause for the delay and at a price.Every case varies and every stay varies in reason.I would only recommend Strike out given that your case is a dead cert in success,say 3 months.This will cost you vis a vis AN £75.00 but would be recoverable on wasted costs.

 

I trust the above clarifies your concerns

 

Regards

 

Andy

[AndyOrch]

You called Mrs Z Thanks CB well organised as ever;)

 

 

Andy

[AndyOrch]

Hi Mrs Z

 

Ok heres an example on how to complete the N150 AQ I have altered it slightly to suit your case but just post if you are unsure of anything

 

Regards

 

Andy;)

 

 

ALLOCATION QUESTIONNAIRE

 

Have you sent a copy of this completed form to the other party Yes (But dont sign it)

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

yes

 

Reasons:

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £ enter total amount on summons

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Mr Z All the facts in the case

Mrs Z All the facts in the case

 

ExpertsNo

 

TrackFast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast 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.

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES/No

 

Insert dates if any applicable

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee (not applicable to the Defendent)

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES CPR/CCA requests

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them? After Posting

Mrs Z this part is optional and a decision for you and yours to make

 

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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

 

Its is respectfully requested this case be allocated to the Fast 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.

 

 

DRAFT ORDER FOR DIRECTIONS

 

 

 

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:

• Complient 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 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment (only if applicable)
  
• 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

[AndyOrch]

Andy, what can I say!! You’ve been absolutely brilliant, thank you so much

 

Just to clarify:

 

 

• Do I have to be a witness?? The thought scares the life out of me.
  
• Facts of the case – I take it that this means the unenforceable CCA and any excess charges? Correct
  

Forever in your debt

 

Mrs Z

 

Morning Mrs Z

The fact that you are witness is only a term for the AQ and should the case proceed (The Witness is whos name the alleged debt is ie yours or joint if singular then just Mr Z/or Mrs Z)

At point A settlement you may wish to change that also but does goes in your favour if you appear to be amicable for argument sake if you state no you then have to reason your answer ie why you are not prepared to settle because a) the unenforcable agreement the DJ may not agree with you and the penalty charges.I would advocate holding that up your sleeve for a later stage or in the event of submitting a Counter Claim

 

CitizenB – thank you again so much for your help too

 

 

I trust the above clarifies your concerns

 

Regards

 

Andy;)

[AndyOrch]

Mrs Z you may also consider this for the Other section

 

 

In respect of that which is denied, during the period in which the Account was operating the claimant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Defendant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit

The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I aver that any default notice sent if recieved would have included these charges.

 

Hope it helps

 

Regards

 

Andy

[AndyOrch]

Hi you can go to the website and download and type up on screen then just run as many copies as needed.Ill check for the website for you

 

Try this one The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

 

 

 

Regards

 

Andy

Edited November 14, 2008 by Andyorch

[AndyOrch]

Hi Mrs Z

 

I have to agree with CB this is purley a mindgame tactic.From the tone of your post looks like it had the desired effect!!!The change of Sols well they had to bring the big guns in far too complicated for the previous Sols.You really must not rely on the opposition their tactics are only in the interest of their Client and of course your Defence should be struck out goes to say really dosent it? How dare you Defend:confused:

We have issued Directions and the DJ will follow them through they will either have to produce or discontinue no matter how many mingames are proposed the fact will remain have they got a valid enforcable agreement and have they issued a valid DN/termination? No clever trickery responses can get around that im afraid.

Dont be disheartened Mrs Z onwards and upwords you are going to be in for a few more mindgames yet.

 

Regards

 

Andy;)

Edited November 18, 2008 by Andyorch

[AndyOrch]

Hi Mrs Z.

I think you will be ok. Remember the DN is a defective one(no 14 days allowed) and the CCA is not enforceable(no prescribed terms within the signed part of the contract). Nothing they can do to change that. I think they are just trying to score out of your short defence. Lets hope that Andyorch/Aluysiorch (the advocate of the short defences) will not disappear and help you to write and file your witness statement before the hearing.

 

Hi Mrs Z I trust you are well

 

Ok just to enlighten my learned friend Tiokim the Defence used in this case was purely drafted by the latter name suggested ,and finalised by CB and approved by the latter.

I cant speak for the latter named but I have no intention of disappearing and will assist and continue to offer advice when and where needed.

As i recall you recently critised another thread by Amber So scared and don't knowwhat to do next. Robinson way have issued a CC claim against me (1 2 3 4 5 ... Last Page) were I had assisted and understand she still awaits your alternative advice to which you have never returned or offered alternative advice.

 

I trust the above corrects any misconceived points within this thread

 

Regards

 

Andy:cool:

Edited February 13, 2009 by Andyorch