Phoenix/Cater Claimform - Joint LTSB OD Debt **WON - DISCONTINUED**

[AndyOrch]

Hi Madis Mum

 

Is it the N149 or N150 you have recieved?

I would summise its the N150 because of the value of the claim this will be allocated to fast track.

 

Regards

 

Andy;)

[AndyOrch]

Ok

 

Without knowing all your details or defence submission and what has been furnished or not I can only give you a guidence on how to complete said AQ as this would depend on what the argument of your defence was.I will post up shortly and you can edit to suit you claim

 

Regards

 

Andy

[AndyOrch]

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

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

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- if it is a joint debt put both of your names

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- no to both Q's.

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes[/font]

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

[AndyOrch]

Under track tick the Fasti-track box.

In the other information box write the following, but not yet, in case you provide me other info, that requires me to tinker with it!

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a 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 counter-claim

[AndyOrch]

The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

If they haven't complied with Court Directions, that tells you they are highly unlikely to even turn up to argue their case! You have complied, so even if they did turn up, you can point out to the Judge all the things they have neglected to do! You might resent having to send things off their sols and file stuff at Court, when they're doing nothing, but if you're doing things right, nobody can fault you on your efforts can they?

 

 

I trust the above is of help

 

Regards

 

Andy;)

[AndyOrch]

Yes thats fine.Not unsual for them to ignore your CPR 18 request.I take it you submitted a basic holding defence did you refute the Sec 69 interest point?

 

 

Andy

[AndyOrch]

I use this in my defences to cover the above should the claimant try for section 69 interest in their P.O.C

 

 

Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. It is therefore averred that this claim is brought in relation to a personal loan which is credit as defined within the Consumer Credit Act 1974, 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 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

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons

[AndyOrch]

Hi Again sorry for the delay

 

The above are only guidlines you may not wish to settle you may wish to issue Directions and which are very available to you via Fastrack/Multitrack.Tick multitrack and in the other information box change the S.A.R request to CPR 18 request as in your case

 

Regards

 

Andy

[AndyOrch]

Do you know roughly what the penalty charges are? Have you ever requested a S.A.R? Have you ever recieved a default Note.?

And most imprtantly have you ever recieved a NoA (Notice of Assignment) All the above must be taken into consideration at AQ and whather or not you may wish to issue Directions/Disclosures.

Its not that quite straight forward coming into a case at AQ stage as I am sure you appreciate

 

Regards

 

Andy

[AndyOrch]

I certantly dont advise you to throw in the towel you can still pull this back at this late stage

 

Ok in the AQ Settlement =no

Directions yes and request a copy of the NoA/Statements etc you can see in the stickys how to template a draft direction.I would also mention lack of NoA in the other as well as a copy will goes straight to the Claimant and visa vera and if they think they are on sticky ground they will discontinue IMHO.You need to do a little back tracking but im sure you can turn this round.complete your AQ as advised and then look at how to prepare your direction/disclosures and get it off to court.You have 2 days almost so its not impossable.

 

Good luck in your case and if you require anything further i will be online tomorrow,

 

Regards

 

Andy;)

[AndyOrch]

No problem thats what CAG is all about just wish we chatted earlier in your case.I will check your final Directions tomorrow been a long day.

 

Try not to worry.

 

Regards

 

Andy;)

[AndyOrch]

Hi

 

Excellent what a difference a day makes and you wanted to throw the towel in yesterday.Ok get that off 3 copies dont sign the Claimants copy print name One to the Court obviously and retain one for yourself

 

I wish you well with your case

 

Regards

 

Andy;)

[AndyOrch]

Hi Madis Mum

 

Ok when you have time if you can scan and post copies of the CCA and Default Notice less your personal details of course and we will take a look to see if any flaws

 

Regards

 

Andy;)

[AndyOrch]

Hi the attachments are too small if you can upload them to Photobucket

 

 

Regards

 

 

Andy

[AndyOrch]

Hi

 

The images are still too small you need to copy and paste the link to photobucket so we can download to view

 

Regards

 

Andy;)

[AndyOrch]

Hi Madis Mum & 42nd

 

I understand the full amount was issued in the summons.Just refreshing back over your thread i note this is an O/Draft and therefore not subject to a default note but rather a Termination Notice,the claimant must under section 87(1)also sections 76(1) and 98(1) of the CCA 1974 serve a Termination Notice before they can demand payment under a regulated credit agreement do you ever recall recieving the above?

 

 

Regards

 

Andy;)

Edited October 7, 2008 by Andyorch

[AndyOrch]

Also if you have and Penalty charges are in question (which there has to be) now that you have your statements.

 

I note that(The Termination Notice) to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. In respect of the figures claimed, it is averred that the sums claimed contain charges which are unfair within the meaning given in the Unfair Terms in Consumer Contract Regulations 1999 and it is further averred that the charges levied are punitive in nature and are penalty charges

The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in issuing a Default Notice/Termination Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice/Termination Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999

 

 

Just some food for thought

 

 

Andy

[AndyOrch]

And the above would also apply to said NoA being totally invalid also

 

The above are the key points on how to proceed with the above matter now that both parties have submitted AQs and Directions have been followed.

 

 

Andy

[AndyOrch]

Hi Andy

 

No, i don't recall receiving a termination notice from them, would they not have had to include a copy of it with the stuff we requested?They should have, also the screen shot you posted still shows the Router Account Number you need to amend this as it can identify you

 

Also, i take it you are refering to bank charges when you refer to Penalty charges, if so yes part of the outstanding amount consists of bank charges which i can quantify once i've been through the statements with a highlighter! Excellent equate your figures and then we will see which direction to take this matter next

 

Madi's Mum

 

 

 

Regards

 

Andy

[AndyOrch]

Hi

Ok now you have collated your penalty charge figure you are in a position to consider your options.

 

You need to consider 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:wink:

 

if you could clarify some dates it would also be helpful

 

Date of the Assignment

Date of the Summons

Date of the alleged Default notice/termination

 

Regards

 

Andy

[AndyOrch]

Hi

 

Ok thanks for that if you get chance is it possable to either post up or scan a copy of the claimants AQ.

Was this claim via CCBC ( Northampton) and have you had notification that the case has been transferred to your local County Court?

 

Regards

 

Andy

[AndyOrch]

Thanks

 

Well that is one of the most noncomital AQs i have ever seen.The fact that they have requested SCT on a value of that amount is bizzar to say the least.Given the fact that SCT case are quite contained re disclosure but good from a costs point of view.

I would now suggest that you either download N244 (application notice) or pick one up and submit your counter claim. This will cost you £75.00 pity because you could have done a part 20 Counter Claim when it was still with Northampton via MCOL.

I will re read your thread again tomorrow and then make some suggestions on which way to proceed with this.

 

Regards and sleep well

 

 

Andy;)

Edited October 13, 2008 by Andyorch

[AndyOrch]

Hi Madis Mum

 

I have to leave shortly for an appointment and will be out most of the day is it ok if I come back to you later on this,certianly before Monday anyway. Its quiet straight forward to complete. With regards to your opening question no its not in place of your defence, a Counter Claim is what it is you claimimg against them for the penalty charges applied to their claim.

 

 

I trust the above makes sence

 

 

Regards

 

Andy

[AndyOrch]

Hi Madis Mum excellent weekend thx

 

Excellent defence couldnt have done better myself:D I presume its your intention to submit an amended defence and counter-claim? via the N244.

 

 

Regards

 

Andy:)

Edited October 13, 2008 by Andyorch

[AndyOrch]

Hi almost given up on you;)

 

Ok you need to submit via the AN an amended defence which you have done and also request by way of the AN a request to submit a Counter Claim do you have the AN to hand?

 

 

Andy