Barclaycard/Lewis/CL Finance/Cohen Court Claim Help Please **WON**

[surfaceagentx20]

Hi CCM,

Often the court takes no notice of the parties proposed directions especially in a small claims track case. The DJ just fires off directions about how the parties should try to mediate and a set of basic directions for disclosure and exchange of statements and a fixture by when everyone should come to court.

 

Any way, if there's a chance an unless order could be obtained it's worth going for. Afix to the AQ your CPR 18 request.

 

Here's my proposed directions:

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and Barclays Bank Plc T/a Barclaycard under reference xxxxxxxxxxx together with any terms and conditions that applied to it

(b) the default notice

© a full and complete statement of account covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessmwent proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

5 There shall be a stay of proceedings from (date) (being a date 7 weeks from the date of the making of the case management directions) until (date) (being a date 11 weeks days from the date of the making of the case management directions) to enable the parties to settle using the small claims mediation service.

 

6 Standard directions for the notification of the result of mediation to the court office whereafter in the event of mediation failing,

 

7 Standard small claims track directions for the disclosure of documents and exchange of witness statements with no provision for expert witness evidence; date for hearing with a time estimate of 2 hours.

 

Any questions just call me on my radio.

 

x20

[pt2537]

just one thing, to add to what x20 has already come up with,

 

if the court goes with these directions, you will need to submit a certificate of service when you serve your amended defence upon the claimant

 

the form you need is N215

http://www.hmcourts-service.gov.uk/courtfinder/forms/n215_e.pdf

[creditcardmug]

Hi x20

Do i send it as is, i.e. leave the court to put the dates in or should i do it?

 

Cheers

[surfaceagentx20]

Let the court do it. None of us know when the DJ will sit down to consider the AQs so we can't predict when he will make the directions order. '(date)' is simply there to assist the DJ in recording the date by when the step in the case is to be taken.

 

x20

[creditcardmug]

Thanks thats what i thought just checking.

 

Thats a good radio system:)

[BlurredFX]

CCM, Thanks for your interest and input in my thread.

 

Reading yours has proved useful also, so I will update my thread with my questions!

 

FX

[creditcardmug]

CCM, Thanks for your interest and input in my thread.

 

Reading yours has proved useful also, so I will update my thread with my questions!

 

FX

 

Yes, please do, were all in the same boat here so lets help each other where we can.

 

Regards CCM

[creditcardmug]

I filed my AQ on 2nd October, and sent a copy to the claimant the same day, so far i have received NOTHING from the claimant or court.

 

Am i entitled to see a copy of claimants AQ? should i have had any correspondence from the court, or is this just a backlog situation?

 

Any thoughts anyone?

[tinkerbell20]

I filed my AQ on 2nd October, and sent a copy to the claimant the same day, so far i have received NOTHING from the claimant or court.

 

Am i entitled to see a copy of claimants AQ? should i have had any correspondence from the court, or is this just a backlog situation?

 

Any thoughts anyone?

 

 

Good practice to send a copy to the other side.

 

Ask the court to send you a cop[y of the one they filed.

[AndyOrch]

Hi CCM

 

Insist on a copy of the Claimants AQ this will give you an insight into their intentions on how they wish to further their case.On submission of AQs both parties will normally recieve an Order from Court stating a Hearing date for proposed directions in the event of non settlement before that date ,usually 2/3 months in advance.Presuming you ticked settlement and they also on their AQ which you have no way of knowing until you request sight of said AQ.

 

Regards

 

Andy

[creditcardmug]

Thanks Andy, i will get onto it tomorrow.

[tinkerbell20]

Just to give you heart.............:grin: GE money through their solicitors Howard Cohen threw the towel in last week and discontinued their claim against me even though they were using the Rankine argument. I had defended on basis that the agreement was unenforceable and they had served a variety of faulty default notices..............:grin::grin: I was told the day before the case was due to be heard ..............now I'm just trying to workk out waht I can claim for costs...........

[creditcardmug]

Thanks TB and congratulations!

[creditcardmug]

Update, received notice of allocation to small claims track.

 

Each party shall deliver to every other party and to the court copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing

 

The original documents shall be brought to the hearing.

 

The claimant shall file and serve by 30 Nov particulars of how the sum claimed is calculated, and copies of the agreement and default notice.

 

Any thoughts on this? does this mean what i hope it means i.e. file and serve copies, but bring originals to the hearing?

[AndyOrch]

As it says on the tin CCM:D

 

Regards

 

Andy

[creditcardmug]

Hi Andy, hope you're well.

 

Can i hold them to this, the notice from the court doesnt actually say its an order, i have the feeling they will try to wriggle out of this.

[AndyOrch]

Hi Credit

 

Im very well thanks hope you are same

 

The allocation is actually an order and anything refered to in said order must be complied with.

 

 

Regards

 

Andy

[creditcardmug]

Ok thanks andy yes im fine, will keep the thread updated, will be needing further help along the way.

 

Regards CCM

[creditcardmug]

Update

 

Without Predjudice

 

Our client is prepared to offer 25% discount for immediate payment

[shirei12]

Hi CCM, I also got a without predudice letter. 28 days were up on 11th Sept and got the letter on 15th Sept. I didnt reply to it. Nothing since??? What do you intend doing now?

[creditcardmug]

Hi, i'm not replying either, they have until the 30th to produce copies of the original docs, and they have to produce the originals at the hearing, so i just wait for now.

 

Regards

[paulwlton]

Good look CCM, i'm watching with interest.

 

Regards

[creditcardmug]

Hi all, well its the 30th today and they haven't served me with any docs as per the order.............any suggestions on next move?

[upto the eyeballs]

Hi, newbie here!

 

Very interesting thread, I am at the start of the battle with cohens/cl finance and barclays.

 

They have issued claim against me but before joining this forum I actualy admitted part of claim i.e debt less costs.

 

After cca request which are now 12+2 days I have received nothing.

 

Does anyone know how I can change my admission to a defend all of the claim??

 

Have started new thread, but can't seem to find it???

[creditcardmug]

Hi, newbie here!

 

Very interesting thread, I am at the start of the battle with cohens/cl finance and barclays.

 

They have issued claim against me but before joining this forum I actualy admitted part of claim i.e debt less costs.

 

After cca request which are now 12+2 days I have received nothing.

 

Does anyone know how I can change my admission to a defend all of the claim??

 

Have started new thread, but can't seem to find it???

 

Hi there, i saw your thread earlier, this happened to a poster a few months ago, i think he got around the problem but cant remember how exactly, i think he phoned the court and said he'd done it in error, and asked nicely to be allowed to defend all. If you did it online it would sound even more plausible i.e.ticked the wrong box etc.