Help

[AndyOrch]

Andy just filling out another AQ copy now as it the settlement Thank You i see where you are coming from now.

 

On the Part C what i put in as per above links is that right just i noticed on referring back to your post 125 it mentions: C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes correct leon

 

So just need your clarification there

 

Regards

 

Leon

 

Andy

[pompeyfaith]

Right all done Andy now i take a copy to court and send a copy to Optima Legal Yes

[AndyOrch]

yes leon and retain one for your file

No signitures on Optimas print name

 

 

Regards

 

Andy

[pompeyfaith]

Yes Have done I have a separate file on this PC with copies of everything which ill print of if and when a court date arrives.

 

Once again thank you for all your help very much appreciated

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Andy what you think of this tread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Would it apply in my case if so is it now to late to send off being as the court and optima legal have my AQ ?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Not to worry Leon we are approaching from a different angle and you have your Counter claim as bargaining.I have read the above thread and excellent and informative it is from Surfaceagent X20,this approach should be followed for future cases.

 

Regards

 

Andy

[pompeyfaith]

Ok Thank You ill leave as is for now

[pompeyfaith]

Hiya All

 

Should i ring the court to chase this up because i hand posted the AQ on the 10th september 08 and ive not heard anything.

 

Regards

 

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hi leon

 

 

You have submitted your AQ dont be ringing Court questioning procedures smacks of desperation. Sit Tight no news is good news.

 

 

Andy;)

[pompeyfaith]

OK Andy thank you just i was getting a bit worried because the young girl in court office came across as a bit vague and did not know what i was on about when i said heres my AQ for a fothcomming case she just stamped it and put it in file store on her desk.

[pompeyfaith]

Still not heard anything do you think judge has made a mistake and stayed it due to the banking fiasco.

 

Although if he did that i would of heard something ?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Andyorch,

 

i know you said do not contact the court a couple of weeks ago but i still not heard any thing in response to my AQ.

 

As in my post above im wondering if that has happened.

 

What do i do still hold out in the hope its just the court being busy?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hi leon

 

Ok well time as passed now and you should have recieved a copy of the Claimants AQ at least.Check with your Court tomorrow and ask :-

 

Have the Claimants submitted an AQ and if so can you have a copy.

 

Request an update on the status of the Claim

 

If they have not submiited their AQ ask if it is appropiate now to request a strike out.

 

let me know the above when convienient and we will take it from there.

 

Regards

 

Andy;)

[pompeyfaith]

Ok Thanks will do ill get on to it first thing tommoz and let you know the outcome.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Ok funny enough i got a letter from court today ill post it up via photobucket in a wee while for your comments.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Ok here is the court order

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage2.jpg

 

Haven't a clue what i do now im guess i need to prepare paper work now but i aint got any from them all i have is a few letters from optima legal and the paperwork that the court sent me.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Ok here is the court order

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/courtorderpage2.jpg

 

Haven't a clue what i do now im guess i need to prepare paper work now but i aint got any from them all i have is a few letters from optima legal and the paperwork that the court sent me.

 

Regards

 

Leon

 

Hi Leon

 

Ok standard Order of Direction and as you state very little for you to disclose,their case their claim burden of proof still remains with the Claimant.

I appreciate that the above order seems a little daunting and probally unsettled you but assure you it is standard proceedure in fast Track cases.The main points for you to consider is to do all that as been ordered by the DJ in the set timeframes which will be your skeleton argument (similar to a defence) and witness statements which simply confirms your Defence in more detail.The facts remain the same the argument remains the same and you will stand by your Defence and let the Claimant prove their claim.

Follow the dates outlined in the order and post nearer the time and I will assist in your preparation

 

 

Regards

 

Andy:cool:

Edited October 28, 2008 by Andyorch
typo

[pompeyfaith]

Thanks Andy

 

So am i right in saying the first think to do is a standard disclosure list and if so does this go to the court or optima legal ?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Correct and serve one to Court and one to the Claimants Sols

 

 

 

 

Andy

[pompeyfaith]

Thanks Andy ill contact you nearer the time then in November for your assistance.

 

Regards

 

Pompeyfaith:)

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Example Claim number: 8Xxxxxxxx

 

 

 

 

XXXXXXX – Claimant

 

And

 

Pompeyfaith – Defendant

 

 

 

 

 

 

 

DISCLOSURE BY LIST - of – xxxxxxx – DEFENDANT

 

 

 

 

I, name, of , my address being the defendant in this case, intend to rely on the following documents in court:–

 

1. Correspondences

 

 

(A) Copy of County Court Claim form issued by Claimant, dated xx xxxxxx 2008.

(B) Copy of formal request, dated xx xxxxxx 2008, from xxx to Claimants Sols. requesting under the Civil Procedure Rules for disclosure of documents upon which the claimants are reliant on in court, with proof of posting and delivery.

© Court Document: Acknowledgement by court of receipt of defence entered, dated xx xxxxxx 2008.

(D) Court Document: Advising Allocation Questionnaire enclosed, dated xxth xxxxxx 2008.

(E) Copy of Allocation Questionnaire completed by xxxxxx (with additional information sheet) as returned to court, dated xx xxxxxx 2008. With proof of posting and delivery.

(F) Letter from Sols to xxxxxxx, acknowledging receipt of letter listed at (B), dated 18th February 2008.

(G) Court Document: Notification of Allocation to the Fast Track, with Orders, dated XXXX 2008.

 

2. Authorities and Case Laws

 

(AA) Civil Procedure Rules, Rules & Practice Directions.

(BB) Consumer Credit Act 1974

(CC) Consumer Credit (Agreements) Regulations 1983

(DD) Consumer Credit (Agreements) (Amendment) Regulations 2004

(EE) Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

(FF) The Administration of Justice Act 1970

(GG) The Consumer Credit Act 2006 (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (No. 123 (C. 6))

(HH) Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

(II) Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul)

(JJ) Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339

 

 

Statement of Truth

 

I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I further certify that the list of documents set out in this List is a complete list of all documents which are or have been in my control and which I am obliged under the order to disclose.

 

I believe the facts stated within this document to be true and the document comprises of two pages.

 

Dated this xxrd day of month 2008.

[pompeyfaith]

Thank you Andy

 

You are a star:)

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

bump just to bring to front

[pompeyfaith]

Hiya Andyorch

 

IM just filling in the Disclosure list to send of as it has to be at court by the 26th Novenber 2008 4pm and ive come across a date you put in which im not sure about.

 

(F) Letter from Optima Legal to Leon Carter, acknowledging receipt of letter listed at (B), dated 18th February 2008.

 

 

You have put the 18th February 2008 but this they did not acknowledge until the 30th July and i cant use it as its headed WITHOUT PREJUDICE.

 

What i do here?

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Anyone

 

I got to get the disclosure list of today as it needs to be there by wednesday 4pm.

 

Can someone tell me please do i need to send the documents with this or just the disclosure list for now.

 

Regards

 

Leon