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Eversheds County Court Paperwork / **SUCCESS**


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Gooner,

The AQ will state a date by when it is to be filed. Identify that date and let me know the date given. That's the date to start thinking about it, not now. Then add seven days to the date to file it. The date plus the seven is the date to file it, not the date the court say.

 

I take it we still have no answer to the CPR 31.14 letter?

 

x20

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Gooner,

The 7 November is the date the court require the parties to provide their AQs and strictly speaking that is the date by when the AQs should be returned. However, the likelihood of your opponent returning the AQ on or before 7 November is remote in my opinion. Invariably in cases of this kind, the CAGger completes the AQ, sends it off to court and to the other side and then finds himself in a state of limbo because the other side have not filed their own AQ at court. They have a habit of leaving things until after the last day.

 

Where such a situation arises, there will come a time in the space of a week or so when the court issues an order directing the other side to file their AQ and pay the AQ fee or face having the claim struck out (See CPR 3.7). The court normally give 7 days for compliance. If the other side never intended to comply then they will ignore the order and the claim will be struck out. If they wish to comply they will do so with the benefit of the information provided in the CAGger’s AQ.

 

I’m simply proposing to play them at their own game. I’m also proposing that your AQ is not sent to the other side because as sure as eggs are eggs, they won’t send you theirs.

 

In the meantime though I suggest you send them this letter.

 

Dear Sir,

 

I am in receipt of the court’s allocation questionnaire due for return on 7 November.

 

For the purpose of CPR PD 26A we should consult on the matter of case management directions and in this regard I look forward to hearing from you with your proposals for the future management of this case. I should add at this stage that my preliminary objective will be to obtain the very early disclosure of the documents mentioned in your client’s Particulars of Claim and requested in my letter to you dated (date). So far my request has been ignored without any explanation and unless you comply with that request by return it is highly likely that my questionnaire seek an appropriate order under CPR 31.14.

 

I look forward to hearing from you by return of post.

 

y/f

 

x20

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top man, i will get that off asap, from what i can make out and correct me if im wrong, we are trying to build a mixture of two defences, one that says the DN was incorrectly served and the other saying that they have failed to provide the relevant docs they are relying on does that sound about right, also just out of interest they have changed the court to my local one, is there any chance what so ever that i would be made to attend court? or is it all dealt with in writing?

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:D:D

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Gooner,

Attached is a part-completed AQ in Form N150. You will need to download your own copy from here.

 

Complete the form you download in the way I have completed the attached N150. You will need to state the name of the court, claim number and your proper name in the form heading.

 

At Section D you will need to state the actual amount in issue. That sum will be the total sum claimed in the Particulars of Claim.

 

At Section E find out whether there are any dates you would like the court to avoid for a final hearing any time during say the first 8 months of 2009. If there are any, write those dates down in this section. and just follow what I have written in that section.

 

Sign and date the AQ on page 5 and fill out your address etc.

 

Attach to the AQ

[1] a copy of your CPR 31.14 letter and

[2] a sheet of paper on which you copy and paste the following as your proposed directions:

 

Proposed Directions

 

1 The Claimant shall by (date / time) comply with the Defendant’s request made (date) pursuant to CPR 31.14 by supplying to the Defendant true copies of each of the documents mentioned in the Particulars of Claim, namely

(a) the agreement relied upon

(b) the default notice and

© the notice of assignment

 

2 If the Claimant shall fail to comply with paragraph 1 of this order, the Particulars of Claim shall be struck out and the Defendant shall be at liberty without further order of this court to apply for judgment upon his Defence and for the costs of this case to be paid to him by the Claimant to be subject to detailed assessment proceedings pursuant to the provisions of the Litigants in Person (Costs and Expenses) Act 1975 if not agreed.

 

3 If the Claimant shall comply with this order, the case shall be stayed for a period of one month from the date of compliance.

 

4 [such further directions as necessary to manage the period of stay to include in the event that a settlement is not reached, directions for the case to be allocated to track and other desirable case management directions]

 

Signed:

 

Dated:

 

Any queries, just yell.

n150.pdf

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thanks for that surfaceagent, right i have received a copy of eversheds completed allocation questionaire this morning, they also acknowledge the case manegement letter but they say that the solicitor dealing with my case has not seen my defense and so will need to review this before continuing, i will scan up a copy of the full document for you to read if you like, mean while im preparing to get my allocation questionaire completed and sent off asap, will it matter that they have completed theirs on time and i haven't?

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hi goonerhenry-hi surfaceagentx20-I am also having problems ref Default Notices as well-3 notices have been issued and a termination notice -the DN from G.M. and the TN from G.M. I received -the other two D.N.'s are fictitious-all are posted on my thread castella-bank loans----(42 man asked me to post them)--if you could spare the time to have a look---any thoughts would be greatly appreciated---thanks

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Because you do not know when the Judge will look at the AQs and make an order you can not specify a date by when the Claimant should comply with the order. Indeed, you do not know if the Judge will make such a order. Whether to make an order and if so by what date to require the Claimant to comply with it is entirely a matter for the Judge. So I tend to draft as I have done with your draft, ie by simply saying (date / time) so the Judge can write in that space a date and time and then send off for typing. An alternative way, where you wish to propose a period of time, the most usual being 14 days to comply, is to say in the daft (date / time)(being a date 14 days from the date of the making of any order).

 

You can head up the proposed directions as you indicate with the name of the court, case number and names of the parties.

 

x20

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so if i start it:

 

The Claimant shall by (date / time)(being a date 14 days from the date of the making of any order) pursuant to CPR 31.14 by supplying to the Defendant true copies of each of the documents mentioned in the Particulars of Claim, namely

 

then that should be ok?

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