Help

[AndyOrch]

Under track tick the Fasti-track box.

In the other information box write the following,

 

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/CPR 18 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 fully particularised Defence/counter-claim.

[pompeyfaith]

Thank You so far you are a gent i owe you a drink or two

[AndyOrch]

Ok Leon

 

I know you have submitted an Holding Defence and a Part 20 C/C however what have you still not recieved vis a vis your CPR 18 request?

 

Andy

Edited September 4, 2008 by Andyorch

[pompeyfaith]

they have not responded to my cpr18 all i got was a short letter dated 30th july 08 saying and i quote in there words:

 

We write with ref to your letter recently recieved at this office

 

We wish to advise that we are currently taking our clients instuctions as to how quickly the information you have requested can be provided

 

We hope to contact you as soon as possible. lol well its 5 weeks now and im still waiting

 

That is the only contact ive had with them

 

Note that the letter is headed " WITHOUT PREJUDICE"

[pompeyfaith]

So they are holding up proceedings but i cant use that letter in a court of law

[AndyOrch]

Thats fine leon we can request anything missing at disclosure which basically will boil down to a DN CCA and statements.I would proceed with your AQ as advised the claimants Directions mean nothing and nothing as been attached or served.

 

Regards

 

Andy

[pompeyfaith]

Dn = Default Notice ? Sorry I'm still learning all the abbreviations

[pompeyfaith]

Just one question regarding fees i need to fill in an EX160 form as my benefits are well below the threshold do I send that in with the N150 or does that get sorted at a later date just i cant see any info regarding that matter in the N150 notes

[AndyOrch]

Yes you need to request this from your Court or you may be able to download it.Dont worry for now that can be sorted at a later date.

 

Regards

Andy

[AndyOrch]

Leon

 

Just another tip dont sign the Claimants Copy of yor AQ print name you can sign the Courts copy

 

Regards

 

Andy;)

[pompeyfaith]

Thank You Andy

 

Do you mind once ive filled in my N150 if i scan it and post onto photobucket then send you the links via private message for you to check for me.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

HI leon

 

Unfortunatly my PM facility has been removed for some reason however I am sure your AQ will be fine.Are you happy leon not to make directions at this stage? seems a little pointless considering their AQ and would play it the way i have advised for now.

 

Regards

 

Andy;)

[pompeyfaith]

yes thats fine rather than use the N150 the court sent me i will use the on-line one fill it in and print off will be clearer to read then

[pompeyfaith]

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?

2. If Yes, do you want a one month stay?

3. Would you like the court to arrange a mediation appointment?

(A fee will be payable to the mediation provider appointed by the National Mediation Helpline.)

4. If you answered ‘No’ to question 1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

 

ok settlement you say tick yes but which box there are three boxes

[pompeyfaith]

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

 

There is no part 1 or part 2 just

 

C Pre-action protocols

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

Have you done so?

If No, explain why?

Yes

No

 

 

?

[pompeyfaith]

Could someone be so kind and give me answers to the above two posts andy was on about part 1 and part 2 of the protocol section but on my N150 there is no parts so im not sure there and in the settlement section andy said tick yes but as you see above there are 3 boxes so im not sure which box he means

 

Thank You

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

Hiya All

 

Got my AQ filled in any chance someone could run the rule over it and check for mistakes as i want too get this in court tommoz.

 

Thank You

 

Regards

 

Pompeyfaith

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/AQ1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/AQ2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/AQ3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/AQ4.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/AQ5.jpg

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Hi leon

 

You have left your surname on upload 1&2

 

Regards

 

Andy

[pompeyfaith]

Thank You Andy corrected

[pompeyfaith]

Was the AQ ok Andy apart from that error

[AndyOrch]

Hi leon

 

Yes looks ok with regards to the settlement that section as changed since I gave you the guidelines.You still have the option to issue directions should you wish to.

 

Regards

 

Andy

[pompeyfaith]

Well ummmmmm I'm not sure could you be so kind and explain to me the pros and cons of issuing directions thanks

 

Regards

 

Pompeyfaith

 

p.s sorry if i sound stupid just litigation is well above my head

Edited November 30, 2008 by pompeyfaith

[AndyOrch]

Ok leon

 

Its the Courts desire that settlement should always be first and foremost and goes in your favour that you are trying to be amicable in the matter.However the in your case they are aware that you have submitted part 20 counterclaim so that is a threat in itself.Assuming they file the AQ, the only way really for you to proceed, is to file a counter-claim (c/c) against the Claimant. Whilst it is possible just to rely on a Defence, you have to appreciate the limits of a Defence. It essentially refutes the POC and that's all it does.

 

Filing a c/c because:

 

1. It gives the Defendant the opportunity to raise arguments in respect of the Claimant's unlawful/illegal conduct.

2. The Defendant claims damages either to offset the debt, or in addition to the debt being wiped out.

3. It is a very strong bargaining tool, so that even if you were never really intent on going to Court, you have every chance of getting rid of the debt and the info registered with the CRA's, so you get what you want in other words!

4. It worries/frightens your opponents, particularly if you're accusing them of a littany of unlawful/illegal conduct. Nobody really wants to Court, and Claimants are no exception.

5. It tells the Claimant you are prepared for a fight, which will worry them, it very much puts them on the backfoot, which gives you the psychological advantage in the case.

 

Those are just a few reasons why it's a good idea. I am of the opinion that making them squirm is very much worthwhile and, if you're brave enough to go to Court, you may end up a few thousand pounds better off and their money is always better in your pocket than theirs.

So with the above in mind its not always neccessary to issue Directions but ticking no to settlement will bring proceedings to a head.Ticking settlement will bring the case to stay hence the qestion how long a stay on the AQ.

I would tend to play this the way you have and see what the claimants response is,

 

I wish you well in your case.

 

Regards

 

Andy;)

Edited September 9, 2008 by Andyorch
addit

[pompeyfaith]

Fantastic Thank You Andy for explaining to me in laymans terms because of my stroke my brain is not what it used to be, Now i understand ill change it in morning and get it sent off.

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith

[pompeyfaith]

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

 

So just need your clarification there

 

Regards

 

Pompeyfaith

Edited November 30, 2008 by pompeyfaith