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    • @jk2054 - I haven't started a claim with OIC or MIB yet, due to being unable to obtain the name of the other driver.  @BankFodder cheers for that, I'll go back to them with this info & update on here when I've had a response.
    • Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post. The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house. I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  
    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
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    • We have finally managed to obtain the transcript of this case.

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Arrows/Marlins Claimform - old LLoyds loan no CCA-**WON..DISC'D+COSTS**


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Well, its been 6 days and heard nothing.

My defence needs to be in by 28th which is Sunday so I really need to send it tomorrow (Thursday) to arrive Friday

 

So, saying that I still hear nothing tomorrow morning (7th day), will I need to add anything to my defence?

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Surprise, surprise, they wrote back saying exactly the same.

"We are not obliged to provide this information"

 

I really am getting confused.

Why am I fighting when they don't have to prove anything?

The laws gone mad.

 

Anyway, what to do now is the question?

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You may either:

 

[1] put in the Defence along the lines I drafted and which appears at post no13, or

[2] put in an application notice in Form N244

 

If you opt for option [2],

 

in box [3] of the N24 write:

 

'An order that unless within 14 days of the making of an order upon this application the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment, the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

The application is made because of the Claimant's refusal to comply with the Defendant's CPR 31.14 request and the documents are required owing to the age of the case and to enable the proper preparation of a Defence.'

 

In Box 4 write: 'Yes'

In Box 5 write: 'Without a hearing'

Ignore Box 6

In Box 7 write: 'None'

In Box 8 write: 'District Judge'

In Box 9 write: 'Claimant'

 

In Box 10 tick the box marked 'the evidence set out in the box below' and beneath it write:

 

'On (date), following service of the Claim Form in this case, I wrote to the Claimant requesting inspection of documents mentioned in the Particulars of Claim pursuant to CPR 31.14. A copy of my letter of request is attached to this application notice marked 'A'.

 

The Claimant replied by letter dated (date) rejecting my request on the ground it had no obligation to comply. A copy of this reply is attached to this application notice marked 'B'.

 

The agreement relied upon by the Claimant is now very old. The documents sought by my request are essential for the proper preparation of my defence and the determination of the claim and CPR 31.14 afford me a right to inspect those documents.'

 

Sign the statement, attach the copies and complete the remainder of the N244 in the usual way applicable to your case.

 

On a separate piece of paper to be attached to your application notice, write this:

 

Claim No:

 

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the assignment,

 

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

x20

 

 

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  • 3 weeks later...

Letter from Mortimer Clarke Solicitors dated 16th Oct 08.

 

Arrow Global v me

 

We write in reference to the above matter and in particular your Defence dated 25th Sept 08.

 

We can confirm that you entered into a Loan agreement with Llyods Bank TSB PLC on the 21 Jan 1991.

 

We can confirm that we have requested the relevant documentation from our client: however we note from our clients records that you have made monthly instalments towards the outstanding balance, we therefore believe that the grounds on which you intend to defend the claim are misconceived as the payment made are an admission to the above claim.

 

However, in order to settle this matter amicably without the need for protracted litigation our client is willing yo accept the amount of £1253.53 Payable by monthly instalments of £10

 

Please find enclosed the draft Consent Order in duplicate confirming the terms of the proposed settlement. Please endorse your signature on both pages of the consent Order and return it to our address as listed above within the next 10 days.

 

End

 

----------------------------------------------------------------

 

The Consent Order states:

 

In the Northampton CC Bulk centre

Claim No *********

 

Upon the parties having agreed terms of settlement

 

By Consent

 

It is ordered that all further proceedings herein be stayed upon the terms set out in schedule 1 hereto save for the purpose of enforcing or carrying into effects the said terms with liberty to apply for that purpose.

 

AND IT IS FURTHER ORDERED that the parties do perform and abide by the terms set out in the schedule hereto.

 

AND IT IS FURTHER ORDERED that there be no order for costs

 

Dated and named......

 

Schedule 1 states:

 

1. The claimant will accept £1253 (the agreed sum) in settlment of their claim against the Defendant inclusive of interest and costs.

2. The defedant will repay the Agreed sum by making consecutive monthly instalments of £10 with effect from 28th Nov 08

3. In the event of the Defendant failing to pay the monthly instalment of £10 the claimant will be entitled to apply to the court for judgement to be entered against the defendant for the outstanding balance of the Agreed sum.

 

We hereby agree to settlement on terms set out above

 

(Names of both of)

 

End.

--------------------------------------------------------------------

 

Sorry I have had to type it out, not sure how to cut and paste.

 

I have never heard of this Consent Order.

What would be my best action now, given as I cant actually even remember this loan?

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Reads to me like they haven't a hope. They have no documentation and now the fact they've offered to accept the sum over 10 years without interest says that they know it too. The trouble with signing the Consent Order is that if you don't do exactly as it says they automatically get judgement for the lot - it's as if you admitted their claim and asked the court for time to pay. If you did fail in a payment and they got judgement they could then go for a charging order. They are also wrong in saying that by making any payments you have admitted their claim is legitimate. They appear to be real bottom feeders.

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Just thinking out loud here, it seems they know their case is dead in the water, so whats stopping you drafting your own consent order along the lines of you discontinue, and i wont claim my costs.

 

Any thoughts on this anyone?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Well i certainly wouldnt sign it, if you want to reply to them you could just say that you are confident with your defence and you believe their claim cannot succeed, thats my opinion anyway.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Guys, any advice on my last question?

 

Do I just igbnore this Consent Order?

 

If you don't want to accept the offer (and I certainly wouldn't - never mind the fact you're not even clear whether you owe them the money and they can't provide any proof that you do) I'd just tell them as much in writing. Keep it short and sweet, decline to enter into a Consent Order at this stage.

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  • 2 weeks later...

Hi Guys,

 

I ignored the consent order.

 

I received the transfer to my local court letter and my Allocation Questionaire.

 

I could do with some help with this.

 

For example,

A-Settlment- Do you wish to use the small claims mediation service?

I presume No

 

And what is the fee for this?

 

Thanks guys

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Info here to help with the AQ

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

You dont pay a fee to file yours, but they have to pay a substantial fee to file theirs, this is where a lot of these weak cases fall over!!

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Is this still relevant though?

 

Haven't the courts decided that the Claimant doesn't need to provide a signed agreement anymore?

 

Yes its very relevant, the court hasn't decided anything yet.

In your AQ you will draft a set of directions asking the court to make an order that they provide all the relevant documents and everything they will be relying on in court.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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