Help needed with a very tight one...thank you!!

[steven4064]

In b) I would add "as required by paragraph 7.3 of CPR Practice Direction 16."

About halfway down you have "Notwithstanding point 8" - where is point 8?

 

A little lowwer down "whether the claimant’s statement of case should be struck out under CPR Part 3.4(2)(a) as disclosing..."

 

A little lower, you refer to point 6 - again, where is it?

 

"In addition I respectfully request that the court use its powers under s142 of the Consumer Crdit Act 1974 to declare this agreement...."

 

Just some suggestions - otherwise OK, IMO (apart from formating and paragraph numbering which need to be sorted out)

[hsbclinkdcms]

Thanks very much steven for taking the time to read through my defense. It's all formatted now and including your recommendations ready to go !

 

When you get into this and read the law available it really is shocking how these people get away with what they do !

 

Your time and effort is really appreciated.

[hsbclinkdcms]

Received the following tody;

 

' all relevant documents have been requested from the origial finance provider but unfortunately they will not be available within the time scale you have quoted. If the information is required may we suggest you contact **** direct.

 

We hope the above information has clarified matters and you now recall the debt.

 

It is our intention to proceed to judgement in this matter. In an effort to save court time and to prevent this matter being listed for a hearing, we attach a letter for your consideration.'

 

The attached letter states;

 

' It has been brought to my attention by the claimant that I am indeed indebted to the claimant for the monies claimed.

 

I would therefore wish to admit the claim in full and consent to the claimant being granted leave to request judgment against me for those monies claimed and the fixed costs.

 

Any papers filed in defence of the claim, I would request be withdrawn.'

.............And while you're at it why not stick an extra £5000 on for having the bare faced cheek to suggest this in the first place !!!!! :D

 

I cannot believe that a company such as this, having being served with the defence that they have would seriously send a letter such as this....unbelievable !!

 

Please withdraw my defence !! :D:D

 

See you in court !!

[sillygirl1]

If it hasn't got 'Without Prejudice' on it send it to the court and ask the judge to consider this 'harrasment' letter as part of your claim against the claimants.

 

Cheeky whatsits......

[hsbclinkdcms]

On a serious note should I go back to the OC ?

 

If I don't cpr/cca the OC will this now put me in bad light with the potential judge as the claimant has advised me to seek info from them ??

 

Thanks in advance.

[Docman]

If you CCA'd the DCA properly, then its their problem, not yours. The Act requires them to notify the OC of any such legal requirements. If they don't, then tough on the OC.

 

I would write back to the DCA and tell them that under the Consumer Credit Act, it is their responsibility to pass on your CCA notice to the OC. The timescales are set by the Act and they have to comply.

[hsbclinkdcms]

Hi all, just to bring you up to date, Link have not replied with anything other than the letter mentioned on July 28th (4 posts above). So they are past the 12+2 day mark and on the 20th (next Tuesday) will be past the 30 day mark.

I have today received the AQ and would appreciate some help filling this in.

 

Thanks.

[hsbclinkdcms]

Sorry forgot to say that the amount of the claim is under 5K but they are claiming section 69 interest which I have been advised they are not entitled to as this agreement was regulated by the CCA 1974. This pushes it over the 6K mark....any advice please.

[AndyOrch]

Sorry forgot to say that the amount of the claim is under 5K but they are claiming section 69 interest which I have been advised they are not entitled to as this agreement was regulated by the CCA 1974. This pushes it over the 6K mark....any advice please.

 

 

Did you refute that in your Defence?

 

 

Which Aq have you recieved N149 /N150?

 

 

Regards

 

Andy:cool:

[hsbclinkdcms]

Hi Andy, this was submitted in my defence;

 

The defendant further notes that the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

An N150 AQ is the form supplied.

[AndyOrch]

Ok the above is correct.So you are Fast Track which is good as it gives better disclosure than SCT.

 

 

Regards

 

Andy

[hsbclinkdcms]

Ok Andy can you explain the advantages/disadvantages as to SCT v FT, I thought the purpose of providing the argument about the interest was not just that they cannot claim it but so that when it came to allocation it would go SCT.

I suppose that the real implication is the cost issue, what sort of potential costs am I likely to face by going FT bearing in mind that these monkey's could be sat on a complete set of correct documentation ?

 

I know that on the face of it that would seem unlikely but I'm just trying to cover the bases in case they're being clever and waiting until the disclosure stage before providing me with anyhting concrete.

 

Thanks again Andy.

[AndyOrch]

Hi

 

Well the Court as looked at the amount of the claim and therefore allocated you to fast track its at their discretion and you are corrct to be wairy re costs.However the flip side is as I have advised far better disclosure to enable you to prove your case.if you are adamant and I cant recall all the details of your case as Paul has been assisiting you the Claimant can only claim the true amount in the summons at the the time of the breach an is not allowed to add the interest as per your defence submission.You could call Court and explain your concerns to why this should be SCT and request the N149 and that you wish the case to be allocated to same.

 

 

I trust the above is of help

 

 

Regards

 

Andy;)

[hsbclinkdcms]

Ok I've just been in contact with the court and they have recommended that I include the reference to Interest on judgement debts on the AQ.

 

I've been through the sticky on AQ's but in all honesty it's a bit swahili to me !

 

Any chance of someone running throught he N150 for me ?

 

Thank you.

[AndyOrch]

Hi

 

Did they insist you use the N150 rather than the N149?

 

Heres a guide that i have just done on another thread saves me re typing again:D

 

 

Regards

 

Andy;)

[AndyOrch]

Hi Andy, Thanks, I've taken what I think is the right way to answer this AQ. Can you check this please? Here goes:

 

Sent copy of this form to other party: ticked YES.

 

A) Settlement: Do I want to settle at this stage: ticked NO.

Reason: Claimants have not replied to defendant's previous requests for information under CPR, therefore the defendant cannot effectively defend the claim.

B) Location: ticked NO.

C) Pre-action protocols: ticked YES.

D) Case management info: amount of claim in dispute: £9041.55 (as per their claim).

Applications: ticked YES.

For what: TO BE STRUCK OUT.

For hearing on: left blank.

Witnesses: MYSELF. To which facts: ALL FACTS IN THE CASE.

Experts: ticked NO.

Track: ticked FAST TRACK.

E) Trail: How long: 15 MINUTES. this is what I put on the N244, is it ok to put the same on here??

F) Proposed directions: ticked NO to both.

G) Costs: left blank.

H) Fee: ticked NO. (I have already sent an EX160 exemption form with the N244).

I) Other info: Have I attached docs: ticked NO.

Sent to other parties: ticked NO.

Do I intend to make any applications in the near future: ticked NO.

Then in the box I put:

Dear Sir/Madam,

Dispite requesting several times for more information regarding how the amoumt of this claim has been calculated, and for other relevant information under the CPR, NatWest and their agents Incasso have failed to answer any of my letters. I have enclosed copies of these requests with this Questionnaire for your convenience. I have also enclosed a copy of the N244 application for the claim to be struck outif the claimant fails to comply with the CPR as per my requests.

[hsbclinkdcms]

Hi

 

Did they insist you use the N150 rather than the N149?

 

Heres a guide that i have just done on another thread saves me re typing again:D

 

 

Regards

 

Andy;)

 

Hi Andy, the lady said that I should raise my concerns on the N150 and that it would be forwarded to the DJ for their consideration.

 

On the issue of SCT v FT the debt is less than £5000 and I have to balance this against the possibility of (as I have seen on other threads) @ £3500 in costs. As my argument will be on the basis of the lack of CCA etc it seems to me that SCT and avoiding those potential costs would appear to be the correct course since if they cannot provide the info requested a SCT hearing will accept this as a defence in any case.

 

If I am wrong in this I would appreciate advice.

 

The thought keeps occuring to me as to why Link are pressing ahead with this if they are not sitting on the documentation requested ??????

 

Thanks for the guide, I will adjust this for my case and re-post before filling the actual form in..... a once over by yourself would be appreciated when that's done.

 

Thanks again Andy.

[AndyOrch]

Hi

 

Well thats the question have they or havent they?

If they have and have not sent it to you then why?

In your directions you will put them to proof that one exsists anyway?

Dont forget they have to pay to submit their AQ you dont so is as much of a gamble as it is for you.

At lot of ifs and buts in litigation and a considerable amount of mindgames and a journey fraught with its concequencies.

I would put the amount in claim in question to the true figure on the AQ and see what happens!now hows about that for a little mind game.

 

Post up when complete and i will take a look let me have a think about your predicament in the meantime.

 

Regards

 

Andy;)

[hsbclinkdcms]

A) Settlement: Do I want to settle at this stage: ticked NO.

Reason: Claimants have not replied to defendant's previous requests for information under CPR, therefore the defendant cannot effectively defend the claim.

B) Location: ticked Yes. ******* court as I am a litigant in person.

C) Pre-action protocols: ticked YES.

D) Case management info: amount of claim in dispute: £6509.22 (as per their claim).

Applications: ticked YES.

For what: TO BE STRUCK OUT.

For hearing on: left blank.

Witnesses: MYSELF. To which facts: ALL FACTS IN THE CASE.

Experts: ticked NO.

Track: ticked SMALL CLAIMS TRACK.

Brief reasons: AS STATED IN PRIOR POST RE RIGHT TO CLAIM S69 INTEREST

E) Trail: How long:

F) Proposed directions:

G) Costs: left blank.

H) Fee:

I) Other info: Have I attached docs: .

Sent to other parties: .

Other info:

The red sections are the areas that I am having difficulty with, any help appreciated with these. I am employed so not exempt the fee.

[AndyOrch]

A) Settlement: Do I want to settle at this stage: ticked NO.

Reason: Claimants have not replied to defendant's previous requests for information under CPR, therefore the defendant cannot effectively defend the claim.

B) Location: ticked Yes. ******* court as I am a litigant in person.

C) Pre-action protocols: ticked YES.

D) Case management info: amount of claim in dispute: £6509.22 (as per their claim).

Applications: ticked YES.

For what: TO BE STRUCK OUT.

For hearing on: left blank.

Witnesses: MYSELF. To which facts: ALL FACTS IN THE CASE.

Experts: ticked NO.

Track: ticked SMALL CLAIMS TRACK.

Brief reasons: AS STATED IN PRIOR POST RE RIGHT TO CLAIM S69 INTEREST

E) Trail: How long: 3/4 hours

F) Proposed directions: are you proposing any Directions etc

G) Costs: left blank.

H) Fee: Nil you are the defendent

I) Other info: Have I attached docs: .

Sent to other parties: .The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particularised Defence/counter-claim, by refusing to provide information first requested under a Subject Access Request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a Defence/counter-claim

 

 

Other info:

The red sections are the areas that I am having difficulty with, any help appreciated with these. I am employed so not exempt the fee.

 

Hows that?

 

Regards

Andy;)

[hsbclinkdcms]

Super Andy, I presume that the ' Other Information section is ticked as NO, NO, what about the section marked

 

DO YOU INTEND TO MAKE ANY APPLICATIONS IN THE IMMEDIATE FUTURE:

 

I presume at this stage that I am not as we are to wait to see what they turn up with if anything ??

 

Also on the question of the N244. In my limited (very!) understanding this is a specific direction issued by myself to the claimant such as ' you have 14 days to produce the documents or else ' ... if they don't have the docs the court should take care of this in any case (after they've given the claimant numerous extensions !!!) and this is something that I am prepared to wait for, afterall if they haven't got them it's game over in any case....am I right or wrong on this and can the N244 be submitted at a later stage ??

[AndyOrch]

Super Andy, I presume that the ' Other Information section is ticked as NO, NO, what about the section marked

 

DO YOU INTEND TO MAKE ANY APPLICATIONS IN THE IMMEDIATE FUTURE:

Leave Blank

I presume at this stage that I am not as we are to wait to see what they turn up with if anything ?? Correct

 

Also on the question of the N244. In my limited (very!) understanding this is a specific direction issued by myself to the claimant such as ' you have 14 days to produce the documents or else ' ... if they don't have the docs the court should take care of this in any case (after they've given the claimant numerous extensions !!!) and this is something that I am prepared to wait for, afterall if they haven't got them it's game over in any case....am I right or wrong on this and can the N244 be submitted at a later stage ??

Can be submitted any time during proceedings

 

 

You can give direction in the AQ if you require to force Disclosure but putting the paragraph i have written just warns them at this stage

 

Also dont sign the Claimants copy of the AQ as Im sure you are aware

 

 

Regards

Andy

[hsbclinkdcms]

Thanks V V much Andy, you have been more than V helpful and I appreciate what you have done.

 

On the paragraph you have provided which section should this be submitted in ??

 

Just a small point and not sure whether it has any relevance but the only letter I have received from Link was from their ' litigation officer ' and not a separate firm of Solicitors.

[AndyOrch]

Thanks V V much Andy, you have been more than V helpful and I appreciate what you have done.

 

On the paragraph you have provided which section should this be submitted in ?? Put it in other along with what the Court advised about which track

 

Just a small point and not sure whether it has any relevance but the only letter I have received from Link was from their ' litigation officer ' and not a separate firm of Solicitors.

That fine like I said thats from another case just edit to suit your requirements replace S.A.R with CPR 18 etc

 

 

 

Regards

 

Andy:-)

[hsbclinkdcms]

AQ's sent off and supposed to be there on the 29th, should the claimants be there for then and are they timebound as to when they are supposed to supply me with theirs ???