Shortfall Court Summons - URGENT help needed please!

[inafix]

I haven't had any reply from the solicitors re my Pt 18 request.

 

Do I just leave it at that and wait until I hear from the court?

 

What docs do they need to provide to the court before they can pursue the claim?

[inafix]

I have just received a leter from my local court titled:

 

'General Form of Judgment Order

 

It is ordered that the parties must file their Allocation Questionnaires, and any fee payable, by 3rd December and in default their respective cases will be struck out automatically.

 

Where default is by the defendant, the claimant will be at liberty to enter judgment forthwith and any counterclaim will be struck out.

 

Where the default is by the claimant, the defendant be at liberty to enter judgment forthwith on any counterclaim.'

 

What is an allocation questionnaire?

What do i have to do now, as they haven't given me much time.

I haven't heard anything from my pt18 request.

 

Urgent help and advice neeeded please guys.

[ndcdavis]

After they received your Defence, the court should have sent out an allocation questionnaire. It is a peach colour form. You can also download one from http://www.hmcourts-service.gov.uk/courtfinder/forms/n150.pdf . If that address hasnt come out fully, just do a google search on: n150 allocation questionnaire.

 

You need to complete this as fully as possible and it is ESSENTIAL that you get it to the court in time.

 

You are the defendant so do not have to pay a fee.

 

Make sure you use section I. Attach the part 18 request. State in I that it has not been responded to.

 

Ask at "I" for order that the claimant do answer the part 18 request within 14 days.

[ndcdavis]

You also do need to do some research on the old judgment.

 

This would have been given by the court for the area of the repo'd house. If this is local, go in and ask at the desk otherwise call them. Say that you need an order which was made in about (date) and ask if this will be available. Then give the names of the bank and yourself.

 

If this doesnt help, have a think abut any credit searches that may have been done on you for the 6 years after that order. Organisations who did searches may still have copies. I dont know if the Registry TRust www.trustonline.org.uk can provide details of older judgments.

 

Bear in mind that the claimant should make proper discosure:

1. it should disclose the old judgment

2. it needs to prove its figures - screenshots are not enough

3. it should provide the file of the solicitors who acted on the sale, and the auctioneers/agents file also

4. if it says it cannot find the old judgment, then it should provide a copy of the standard letter of instruction to solicitor agents at the time.

 

Good luck!

[inafix]

Thanks ndc.

I have not received an allocation questionnaire, but have dowloaded one as you suggested.

However, I do need some help filling it all in correctly.

Can you or anyone else point me in the right direction?

[ndcdavis]

this reply is sent in a hurry!

 

fill in court details in top right and your name in the box on the left.

 

Tick the frst bix. NB copy the form at the end (or print 3 times - you need a copy too) and send one to other party.

 

A - I always recoomend trying to settle so tick boxes 1 & 3. There is probably no point in a stay.

 

B - tick no

 

C - there is no relevant protocol so write N/A

 

D - 1st box is "all" (I assume)

then tick "no", assuming you have made no applications.

 

witnesses - INCLUDE YOURSELF. I doubt there are others. Facts - "all"

 

experts - are you claiming sale at a shortfall? If so tick:

yes

none net obtained

single joint suitable - YES

just write in field of expertise "value of property at date of sale"

oral evidence - "no".

 

Track - tick fast track and write in the box - issues are reasonably straightforward and trial will not take more than 1 day.

 

E

 

1 day

fill in any dates which are not available from(say) March 2009 to Dec 09.

 

F

tick "no" in 1st question

 

G

leave blank

 

H

tick "no"

 

I - as my post yesterday.

 

remember to sign and date and you are done!

 

 

 

 

 

Thanks ndc.

I have not received an allocation questionnaire, but have dowloaded one as you suggested.

However, I do need some help filling it all in correctly.

Can you or anyone else point me in the right direction?

[inafix]

I have been to the court and handed in the AQ in person.

 

They said because of the amount it has to be multi-track.

 

They also thought it was unlikely it will go to mediation, and that it would be wise to see a solicitor as when it goes to trial I will need a barrister.

 

I have contacted the Registry Trust who informed me that they only keep records back 6 years, so unless the bank have a copy, no-one will!

 

What docs will they have to provide to the court to pursue the claim?

[inafix]

I have phoned the county court office this morning to enquire whether the AQ from the bank solicitors had been received.

The clerk there was extremely helpful.

She said nothing has been sent back, therefore the claim will be struck out automatically.

If they send it back late, and want the case reinstated, the judge will want a credible reason as to why it wasn't sent back on time, and that the judge in question would not accept any lame excuse!

Do you think they are likely to pursue this?

[surfaceagentx20]

fix,

The case now stands struck out, not 'will be'. I suggest you send this letter over to the court office:

 

Dear Sir

 

Re: (Name) v (Name) Case No: (Case Number)

 

I am the Defendant in this case.

 

By the order of District Judge (Name) made (date) it was ordered that unless the Claimant filed a completed allocation questionnaire and paid the fee by 3 December 2008 the claim shall stand struck out. The Claimant has failed to comply with the order and in consequence the claim now stands struck out.

 

I should be pleased if you would treat this letter as my request pursuant to CPR 3.5(2)(a) for the entry of judgment in my favour and for costs in accordance with the costs provision of the said order.

 

I look forward to hearing from you with a record of the judgment as quickly as possible.

 

y/f

 

x20

[inafix]

Will do, thanks.

 

I can't begin to thank everyone enough for all your help and advice (esp. x20 & nick)

 

Is it worth sending a letter to Halifux asking that this case will now be closed and not sent to some other DCA in the future?

[surfaceagentx20]

There is no need to 'ask' Halifax for anything. It was their case and they blew it by failing to comply with an order of the court. Further, what's there for a DCA to buy now? If some DCA should be dim enough to buy this 'debt', you'll be able to tell the DCA that in truth there ain't no such thing since the Halifax litigated over it and lost.

 

x20

[ndcdavis]

Good result!

If you havent yet sent the letter to court though, you might want to wait.

HLX can apply for 'relief from sanctions' and the longer they leave it before they do so, the harder it is to pursuade the court to grant this. Many people therefore wait a while as a court order may 'wake up' the other party.

 

Regards

[inafix]

NOW WHAT'S GOING ON?

 

I have just received a letter from banks sols with a copy of their AQ dated 12 Dec. as last date for filing.

 

How did they get more time and why did I not know?

 

Also enclosed is docs that I have been requesting since Jan!!

 

(Mortgage Deed, Mortgage Offer, Valuation reports), but no Repossesion Order or Judgment.

 

HELP, what do I do now?

[ndcdavis]

The next stage is that the Court will consider the allocation questionnaires with the claim and defence. The Court will either set a date for a case management hearing, or will give orders to get the case ready for Trial.

 

For the moment, just write back to the bank to thank them for the documents but to point out what is missing.

 

Which Court is the case in?

 

NOW WHAT'S GOING ON?

 

 

HELP, what do I do now?

[inafix]

Have spoken to court office this morning. They were too late.

Case was struck out.

 

If claimant wants to have case reinstated, the judge will want good reason as to why They did not reply in time (and why they altered the date).

[citizenB]

Have spoken to court office this morning. They were too late.

Case was struck out.

 

If claimant wants to have case reinstated, the judge will want good reason as to why They did not reply in time (and why they altered the date).

 

 

This is great news.

[inafix]

I thought it was too good to be true!!

 

Have today received Notice of Application to Reinstate Case Hearing from the court, which will take place on March 10th.

 

H.E.L.P ! Please !

[inafix]

ANYONE ANY ADVICE ON WHAT TO DO NOW??? Thanks all.

[42man]

Inafix.....i've read through your plight, i'm not knowledgable of this, a free consultation with a solicitor via CAB might be a good option or a local Law Centre - The Law Centres Federation a call to the National Debtline would probably be a good option too (free and impartial) - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

Site team are aware....

[slick132]

Hi Inafix,

 

Does the Notice say if you are required or allowed to attend.

 

 

Please confirm what the Notice rec'd from court actually says.

 

[inafix]

It says I should attend.

 

Have seen a solicitor who says to ask for an adjournment and suggests now contacting lender direct to offer a F & F settlement.

 

Not sure of exact wording on court letter as sol. now has all my paperwork.

 

It said a strike out would not be in the interest of justice, and the fault of returning their allocation questionnaire late, was due to absences?

[slick132]

Hi IaF,

 

This advice is, IMHO, surely flawed.

 

Unless and until the case actually IS re-instated, it remains Struck Out and you are compelled to pay zero.

 

Whilst you are slightly "ahead" at this stage, why on earth go back to negotiating. I'd have waited to see if the court allowed their case to be re-instated and I'd have attended to argue that it should NOT be.

 

However, if the papers are still with your sol'rs, I assume you have instructed them to act. You should probably therefore take the advice for which you are paying.

[inafix]

Thanks slick.

 

Solicitor and myself attended court and argued case should not be reinstated, but judge said it was the fault of Hbos sols., and not Hbos themselves, who were to blame for discrepancies, so case will go ahead.

Judge ordered that Possession Order must be produced within 14 days or case will remain struck out.

 

Judge also said that I had a strong defence against them claiming back all the interest.

 

My sol said F&F will be a 'last resort', and IF they do come up with a P/O, will contact a barrister who deals solely with cases such as this for advice on the best way forward.

 

I have mentioned all the advice given to me on here to my Sol. which has been extremely helpful. Thanks guys, keep it coming.

[ndcdavis]

You may want to pass this decision to your solicitor...

 

http://anlaw.co.uk/downloads/files/Allaince%20and%20Leicester%20v%20Reynolds.pdf

 

regards

Nick.

[inafix]

OMG!!!

Have today received a 'new' Claim Form from the court. (same particulars of claim as before (actually for slightly less?) and the same sols.)

Can they do this???

Court ordered that the claim remains struck out as the claimant has not complied with the conditions for reinstatement imposed by the order of 10th March 2009, as of 1st April 2009.

They did not pay the court fees nor my solicitors fees for attending court.

What should I put in the acknowledgement of service?

PLEASE HELP, I'm at a loss and really can't afford the solicitor again!