Nationwide taking court action

[angel_1]

Good luck on this and will be following your thread with interest

 

ciao for now maz

[1littleduck]

Hi all, I have had a look at the directiona and not to sure about this as they have sent me a copy of the application cca and a copy of a standard default notice....it seems that I am asking for them again or is the directions implying that they have not sent the requested doccuments and should do so?

[1littleduck]

can someone please help, as I have to post this in the week.....

[creditcardmug]

Hi, here is a suitable set of directions,

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

1. A true copy of the executed credit agreement and any other document(s) referred to within the agreement.

 

2. True copies of any default notice and cancellation notice that you sent to defendant

together with a copy of any proof of postage that you hold.

 

3. A full breakdown as to how the amount claimed has been calculated, including all payments made and charges applied throughout the duration of the agreement.

.

4. Any other documents relied upon

 

5. The original documents to be brought to the court at the hearing

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

 

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

Edited November 22, 2008 by creditcardmug

[creditcardmug]

Here is the Other information,

 

Other Information

 

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

It is essential that the Originals of these documents be brought to the court at the hearing

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

 

You will need to get the fonts all the same

[creditcardmug]

What date must the AQ be filed by? can you hand deliver it?

Have you filled in the rest of the form yet?

Remember it will be Fast Track

[1littleduck]

Hi CCM, thanks for replying...I have not filled in anything yet and it has to reach the court by 1st Dec and I will have to post it...I have 1 week. The problem was that they have sent the cca (although it was an application form) and a sample default letter without my name and address on..this is why i was not sure about the draft letter to the court, but if you say I should send it, then I will of course.

[creditcardmug]

Hi again, the thing is you need to insist on the originals of the documents being brought to court at the hearing, at this stage they only have to provide copies of them, but they will have to be exact copies.

 

I have put a line in the directions/other info to reflect this (not sure if you should but hey the judge will see it anyway).

 

What you have received up to now is neither here nor there, what they provide from here on in must be legit (they cant change anything now),so we will know what were working with.

 

You said it yourself, what they have supplied is an application form, and a "sample" DN, this is not good enough, they must produce the original documents, and in the case of the DN, proof of service as well, otherwise their case cannot succeed.

 

I hope this allays your fears. anything else shout, but you need to get this part sorted out pretty soon.

[1littleduck]

Hi again CCM and thank you, I will fill in the form tomorrow and copy the letters you have given me..will then post it off tues/wed...fingers crossed.

Thanks again.

[1littleduck]

OMG CCM, I am having trouble and dont know how to fill in this entire form...please help..I have posted all of the pages above but dont know what to say for the answers.....please help.. I dont know if i have to say i am trying to settle it, if i need a months stay and the list goes on

[1littleduck]

Panic has set in...please help someone..I have looked at other threads in order to complete this N150 but the forms seem to be different from the one I have had..I have posted the link to every page abone in link 49 and I am really thick as I dont know what to put for most of the questions...

[ScabHunter]

CCM is offline at the moment, so I'll have a read of this thread and see if there is anything I can help with.

 

I see he has done an absolutely brilliant job so far.

 

Do you know how much time pressure you are under with this?

 

SH

[1littleduck]

Hi...thanks for help...i have to get it into the court on 1st december

[1littleduck]

i dont even know what to say on question 1....i am so thick and worried i will get it all wrong

[1littleduck]

Yes I agree..CCM has been fantastic with this...so has everyone else that has helped me...i think i may end up going bankrupt, but i have told many people about this site and how good you all are, and when i get sorted i will be a regular donator because it needs to keep going it maybe to late to save me but not to late for others.

[ScabHunter]

OK, I've looked through the thread. It is just the filling in of the Allocation Questionnaire forms to do now.

 

I see this has been moved to another court. Is that somewhere within easy reach of you?

 

I will get the forms up on my PC and see what you need. They've moved them on the HM Court Service site, so all the old links don't work anymore.

 

Are you staying up late tonight until this is done, or do you want to fill this in tomorrow?

 

SH

[1littleduck]

Hi. i can stay up if you like, i dont have to go to work until 11. i have put in the court box for coventry court as it is near to my home

[1littleduck]

i think as long as it is in the post by special delivery on friday it should get there in time

[ScabHunter]

Right. I've found the AQ online and your forms are the same. I'm filling in the answers now. What I am going to do is PM them over to creditcardmug so he can look at them. I think that is only fair as he has invested so much effort in this. Also, he has personal experience of a similar case.

 

Get yourself off to bed now and prepare for work. Have you got access to the internet at work, or in any of your breaks at work?

 

SH

[1littleduck]

Hi, no i cant get online at work, i get home at 10.30pm so will be online from then

I cant thank you enough for this, I was really panicing

[ScabHunter]

OK. Shame you can't get online during the day, but don't worry. We'll have it sorted out for you before you get home, and it won't take long to fill it in.

 

Goodnight!

 

SH

[1littleduck]

Thank you SH Thank you very much!

[ScabHunter]

I am bumping this thread, and the one from dazza3956, to the top because they involve court action with deadlines fast approaching.

 

Both cases can be won with the correct defence. It will be a tragedy if the cases are lost due the defence being faulty, or, even worse, not submitted at all.

 

Apologies to anyone else who is in need of advice, but I feel I need to concentrate exclusively on these two threads until the court papers have been correctly filled in and filed.

 

In this case, the defence has already been submitted, and it is the Allocation Questionnaire which must be submitted by 1st December. The thread is very thorough, and a quick read through will tell anyone what the situation is here.

 

I have prepared answers for the AQ N150, but there are some "grey areas" where some input from experienced people would be welcomed.

 

A - Settlement

 

I am assuming it is better here to answer Yes to question one, even though you know there is no possiblity that it will be settled, just to 'show willing'. Also because it avoids having to answer question 4. I assume you have to answer Yes to question 2 as well. Question 3 is definitely No as there is a fee involved.

 

B - Location of Trial

 

Yes, and local court because you are an individual

 

C - Pre-action Protocols

 

Yes

 

D - Case management information

 

What amount of the claim is in dispute - fill in the full amount

 

Applications - No

 

Witnesses - Enter your own name, and "All" to 'witness to which facts'.

 

Experts - No to first question - leave the rest blank

 

Track - Fast Track (as claim is over £5,000) - Leave the other box blank as Fast Track is normal

 

E - Estimated time for trial or hearing - 1 hour

 

(dates need to be filled in by individual)

 

F - Proposed Directions

 

Yes to question 1, No to question 2.

 

Attach direction from post #54

 

G - Costs

 

Leave blank

 

H - Fee

 

No (not payable by defendant)

 

I - Other Information

 

Yes to questions 1 and 2. Sent today. No to Applications and leave blank.

 

Other Information - Information from Post #55

 

Then sign the document and fill in your details - but if you are going to send a copy to the claimant copy it BEFORE signing!!!

 

Thanks in advance to anyone who just gives this a quick look over to make sure I've got everything right.

 

SH

[creditcardmug]

Hi again, sorry been busy the last few days, just looking over the suggestions above by SH (thanks for helping), i would only change a few things,

 

Section A for all

1 yes

2 yes

3 no

4 leave blank

 

Section B tick yes and write " already transferred to my local court"

 

Section C Tick no and write "Please see attached section C"

Then on a separate sheet of paper type this, and head it section C

 

This case is not covered by any approved pre-action protocol, i have requested the claimant provide information in my CPR request, but to date the claimant has not provided the documents i require to investigate this claim

 

Section E 2 hours

 

Section I

1 yes

2 yes

when- leave blank

applications no

in the big box write "Please see attached section I"

 

Everything else as in the above post

 

Now before you sign the form make 2 photocopies of it,(one for you, one for the claimant)

 

Print of two copies of the directions, other information,Section C

 

Sign only the original and send it to the court with the above attached

 

Send the other copies to the claimant, with covering letter to say you have today filed the enclosed at ? court.

 

Send it by SD on friday to the court, send the claimants copy by 2nd class

 

get back with any more questions, i should be about most of tomorrow.

[ScabHunter]

Excellent CCM. Many thanks for that.

 

I wonder if you know the answer to this one - Can this AQ be handed in to the court personally, or does it have to be sent by post?

 

I know today the OP didn't start work until 11am, so it may be possible to take it to the local court first thing in the morning.

 

SH