Welcome/Cohens - case withdrawn ***WOO-HOO ***

[Prudence]

Thankyou 42man, much appreciated. Both links refer to cases where a Credit Agreement has not been provided, but we do have the original Credit Agreement. If anyone has any knowledge of these AQs and time to have a look at our details on the link above, I would be so grateful. P

[Prudence]

Oh no! On doing some more reading it seems that there is a lot lot more to these AQs than I originally thought! I've seen Draft Orders for Directions and documents to be attached, also copies sent to Claimant. I haven't done anything like that!! Am I too late? Have I ruined our chances?

[Prudence]

I've had a go at completing the AQ after reading other threads but really don't know if my replies are correct. I'm afraid I haven't got very far with it. I hope someone can check the bit I have done and advise me as I need to hand in the form tomorrow. Also don't now what to do about attaching documents, sending copy to Welcome etc?

A SETTLEMENT

 

1 Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? YES

 

2 If Yes, do you want a one month stay? YES

 

3 Would you like the court to arrange a mediation appointment? YES/NO ????????

 

4 If you answered No to Q1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

 

B LOCATION OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? YES because it will be difficult for us to travel out of our region due to work & family commitments.

 

C PRE ACTION PROTOCOLS

 

You are expected to comply with the relevant pre action protocol

Have you done so? YES/NO??????????

If No, explain why? ?????????????

 

D CASE MANAGEMENT INFORMATION

 

What amountof the claim is in dispute? £8,400.00 (total)

 

Applications

 

Have you made any application(s) in this claim? NO

 

If Yes, what for

 

Witnesses

 

So far as you know at this stage, what witnesses of fact dop you intend to call at the trial or final hearing including if appropriate yourself?

 

Mr XXXXXX All facts of the case

Mrs XXXXX All facts of the case

 

Experts

 

Do you wish to use expert evidence at the trial or final hearing? NO

 

Have you already copied any experts' report(s) to the other party(ies)? NO

 

Doyou consider the case suitable for a single joint expert in any field? NO

 

Please list any single joint experts you propose to use and any other experts you wish to rely on. Identify single joint experts with the initials SJ after their names.

 

Do you want your expert(s) to give evidence orally at the trial or final hearing?

If Yes give the reasons why you think oral evidence is necessary

 

Track

 

Which track do you consider is most suitable for your claim? FAST TRACK

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? ??????????

 

Are there any days when you an expert or an essential witness will not be able to attend court for the trial or final hearing? NO

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? ????????????????

 

If Yes, have they been agreeed with the other party(ies)? NO

 

G COSTS

 

n/a

 

H FEE

 

Have you attached the fee for filing this allocation questionnaire NO (don't think it's applicable to us???)

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? NO?????????

 

Have you sent these documents to the other party(ies)? NO????????

 

If Yes, when did they receive them? ?????????

 

Do you intend to make any applications in the immediate future? NO

 

In the space below, set out any other information you consider will help the judge to manage the claim. ??????????????

What amount of the claim is in dispute? Their claim was for £8400 and as the final point on my "Defence" says "the claimant's claim to be entitled to £8400 or any other relief following termination of the agreement is denied" so I assume I would put down the whole amount??

 

Have we made any applications in this claim? I assume the answer is NO since this is the only action we have taken.

 

Witnesses - the claim was in my husband's name - although the credit agreement was in both of our names so do I put myself down as a witness?

 

Expert evidence? Several questions about this.

 

Which track - small claims, fast track or multi-track - looked this up and I see it is 'fast track' ?

 

How long we estimate the trial/hearing to take?

 

Proposed directions???

 

Estimate of our costs incurred? & overall?

 

And Fee - is there any fee for us? I thought it was for the Claimant, am I correct?

 

Documents - do we need to attach any documents? We sent in our Defence and there were no documents attached to that. Then it's

 

Do we intend to make any applications in the immediate future?

 

Any info we consider will help the judge to manage the claim?

[AndyOrch]

I've had a go at completing the AQ after reading other threads but really don't know if my replies are correct. I'm afraid I haven't got very far with it. I hope someone can check the bit I have done and advise me as I need to hand in the form tomorrow. Also don't now what to do about attaching documents, sending copy to Welcome etc?

 

A SETTLEMENT

 

1 Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? YES

 

2 If Yes, do you want a one month stay? YES

 

3 Would you like the court to arrange a mediation appointment? YES/NO ???????? No

 

4 If you answered No to Q1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

 

B LOCATION OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? YES because it will be difficult for us to travel out of our region due to work & family commitments.Case should be tranfered to your local CC is this a Northampton summons?

 

C PRE ACTION PROTOCOLS No

 

You are expected to comply with the relevant pre action protocol

Have you done so? YES/NO??????????

If No, explain why? ?????????????This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

D CASE MANAGEMENT INFORMATION

 

What amountof the claim is in dispute? £8,400.00 (total)

 

Applications

 

Have you made any application(s) in this claim? NO

 

If Yes, what for

 

Witnesses

 

So far as you know at this stage, what witnesses of fact dop you intend to call at the trial or final hearing including if appropriate yourself?

 

Mr XXXXXX All facts of the case

Mrs XXXXX All facts of the case

 

Experts

 

Do you wish to use expert evidence at the trial or final hearing? NO

 

Have you already copied any experts' report(s) to the other party(ies)? NO

 

Doyou consider the case suitable for a single joint expert in any field? NO

 

Please list any single joint experts you propose to use and any other experts you wish to rely on. Identify single joint experts with the initials SJ after their names.

 

Do you want your expert(s) to give evidence orally at the trial or final hearing?

If Yes give the reasons why you think oral evidence is necessary

 

Track

 

Which track do you consider is most suitable for your claim? FAST TRACK

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? ??????????3/4 hours

 

Are there any days when you an expert or an essential witness will not be able to attend court for the trial or final hearing? NO

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? ???????????????? Your Choice

 

If Yes, have they been agreeed with the other party(ies)? NO

 

G COSTS

 

n/a

 

H FEE

 

Have you attached the fee for filing this allocation questionnaire NO (don't think it's applicable to us???) No the Claimant pays

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? NO????????? CPR 18

 

Have you sent these documents to the other party(ies)? NO????????Blank

 

If Yes, when did they receive them? ?????????

 

Do you intend to make any applications in the immediate future? NO

 

In the space below, set out any other information you consider will help the judge to manage the claim. ??????????????

What amount of the claim is in dispute? Their claim was for £8400 and as the final point on my "Defence" says "the claimant's claim to be entitled to £8400 or any other relief following termination of the agreement is denied" so I assume I would put down the whole amount??

 

Have we made any applications in this claim? I assume the answer is NO since this is the only action we have taken.

 

Witnesses - the claim was in my husband's name - although the credit agreement was in both of our names so do I put myself down as a witness? Yes

 

Expert evidence? Several questions about this.

 

Which track - small claims, fast track or multi-track - looked this up and I see it is 'fast track' ?

 

How long we estimate the trial/hearing to take?

 

Proposed directions???

 

Estimate of our costs incurred? & overall?

 

And Fee - is there any fee for us? I thought it was for the Claimant, am I correct?

 

Documents - do we need to attach any documents? We sent in our Defence and there were no documents attached to that. Then it's

 

Do we intend to make any applications in the immediate future?

 

Any info we consider will help the judge to manage the claim?

 

 

Regards

 

andy

[AndyOrch]

ALLOCATION QUESTIONNAIRE N150 fast track Multi Track

 

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

No/or yes your prerogative

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £19,198.74

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case

XX xxxxx All the facts in the case

 

 

ExpertsNo

 

TrackFast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

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.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES

 

Xxxx xxxxx 1st – 14th October Inclusive.

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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

 

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 this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

 

In the ************* County Court

 

Claim number **********

 

 

 

 

Between

 

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

 

 

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

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925. (If applicable)
  
• Copies of any statement or other document relied upon
  

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.
  

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

Edited October 8, 2008 by Andyorch

[Prudence]

Thankyou so much for your help andyorch! In your red suggested answers in your first response you mention CPR18 as a document I should attach to the AQ. What is this please?

Also, the under "Have you attached a list of the Directions" you say 'your choice' and in the second example you gave me you have attached some Directions which I don't think will apply to us as we have the Credit Agreement (see http://www.consumeractiongroup.co.uk/forum/legal-issues/159527-help-please-only-4-a.html ) etc. So is it best to leave that blank or say NO, or is it best to put some appropriate Directions in there - if so, what? Many thanks if you're still around andyorch, or if anyone else is around and can help with these points, as I must hand it in tomorrow. P

[AndyOrch]

Thankyou so much for your help andyorch! In your red suggested answers in your first response you mention CPR18 as a document I should attach to the AQ. What is this please? Not applicable if you didnt send it on reciept of you Summons so disregard

Also, the under "Have you attached a list of the Directions" you say 'your choice' and in the second example you gave me you have attached some Directions which I don't think will apply to us as we have the Credit Agreement (see http://www.consumeractiongroup.co.uk/forum/legal-issues/159527-help-please-only-4-a.html ) etc. So is it best to leave that blank or say NO, or is it best to put some appropriate Directions in there - if so, what? Many thanks if you're still around andyorch, or if anyone else is around and can help with these points, as I must hand it in tomorrow. P

Its your choice the above was an example from another case on how you wish to proceed with your case

 

 

I would think back to why you defended what was the bullet points of your defence which I have seen prepared by SAx20.The AQ gives you opportunity to outline the main points of your defence and to order by way of Directions what you need to say/see to conclude/settle the claim.

 

I think in your position and considering the PPI element of the case I would be serving a Counter Claim.

 

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.

 

I trust the above is of help

 

Regards

 

Andy:wink:

[Prudence]

Thankyou for that. I have the form ready to go but ticked NO to the Directions as I completed it late last night. I don’t know what to do now about the advice you have given me as don’t know how to word it in the Directions, also where to I say that I intend to put in a Counter Claim (also how do I do that and will it cost us anything?). Please Andyorch or someone help asap as literally got to take this form in very soon. If I don’t add the bit about Counter Claim and the info in Directions is it going to spoil my chances? Help!!!

[AndyOrch]

Hi Prudence.

 

Its ok not to submit directions at this point the main thing is that you return your AQ on time failure could lead to the Claimant gaining Summary Judement.You can submit a counter claim anytime during proceedings and that is not via the AQ so dont Panic.

Yes A counter claim wil cost you a fee but hopefully this would be reibursed in your costs if and should you win the case.Alternativly you may be excempt if on bennefits.

 

Regards

 

Andy

[AndyOrch]

you could under the other section imply that you intend to make further directions and submit a counter claim with regards to miss sold PPI

 

just a suggetion

 

 

Andy

[Prudence]

Andy thank you SO much. I was actually at work when I managed to sneak a peak at your reply but was unable to respond so sent messages to my son to post the last questions to you at lunchtime! I was so relieved you were around and able to answer which meant I was able to add the bit about the counter claim & mis-sold PPI. I ticked NO to the settlement and Stay questions and ticked YES to "Do you intend to make any applications in the immediate future?" (as I'd mentioned the counter claim). Hope this was OK.

Could you please advise me what we should do now and what may happen? Many thanks again. Pru

[AndyOrch]

Hi Prudence

 

From here on its a waiting game, did you send the Claimants Sols a copy of the AQ? 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.

You may well recieve requests to disclose information from the Claimants Sols in the meantime with regards to information you have stated in your AQ.I would suggest that you make sure you get a copy of the Claimants AQ also forewarned is forearmed.

 

 

 

 

 

 

Regards

 

Andy

Edited October 9, 2008 by Andyorch

[Prudence]

Thanks Andy. I have a copy of our AQ ready to send to them tomorrow. I was going to send it to Welcome, but I shall readdress to HC, their Solicitors. I assume I should send it by Rec Del. It is 22 days since we filed our Defence - as we received an AQ does it mean that Welcome must have responded? I know that up until yesterday the Court had not received an AQ from Welcome, I will check again tomorrow as this afternoon was the deadline.

[AndyOrch]

Thanks Andy. I have a copy of our AQ ready to send to them tomorrow. I was going to send it to Welcome, but I shall readdress to HC, their Solicitors. I assume I should send it by Rec Del.Yes It is 22 days since we filed our Defence - as we received an AQ does it mean that Welcome must have responded? Yes and the case transfered to your local ounty Court was this a CCBC ( Northampton ) claim?I know that up until yesterday the Court had not received an AQ from Welcome, I will check again tomorrow as this afternoon was the deadline.

Give them a little extra say a day or so then Contact the Court in question to prompt them

 

 

 

Andy:cool:

[Prudence]

Yes it was a Northampton claim. If things go badly for us, and the Court does not accept our case, what may happen? Just wondered if you have any knowledge of Welcome's usual procedure!

As regards the PPI - I did actually submit a claim to the Ombudsman that we believed the PPI was missold over a year ago and unfortunately I did not get back to them in time with some information requested due to other pressures. Will this go against us at any hearing?

[AndyOrch]

Yes it was a Northampton claim. If things go badly for us, and the Court does not accept our case, what may happen? Just wondered if you have any knowledge of Welcome's usual procedure!

As regards the PPI - I did actually submit a claim to the Ombudsman that we believed the PPI was missold over a year ago and unfortunately I did not get back to them in time with some information requested due to other pressures. Will this go against us at any hearing?

 

Well litigation is all about presenting your argument and why you do not agree with someone elses view.You present your argument and the Claimant has the opportunity to back off or proceed.At the end of the day you only want things to be correct and justice served.I am afraid I dont know all the details of your case Prudence but understand its to do with HP Car Finance.You need to satisfy that the outcome is agreeable to yourselves and that there is no financial loss.Stick to the miss sold PPI that is the key to your case.

 

 

Regards

 

Andy

[Prudence]

I rang the Court today, couldn't resist, and one day past the deadline the Solicitors for Welcome, Cohen, still havent sent in their AQ. Shouldn't I write to the Court and say that I have not received a copy of the other side's AQ so that it is on the file in writing? Neither did we receive a copy of anything they sent in response to our defence (they must have sent something to the Court as we received an AQ). They didn't bother to show up at the Court or indeed contact them or us when we went & had the judgment set aside.

I am also wondering if we should write to Welcome with a CPR18(?) request (although we do have our original credit agreemtn in our possession)? Just been reading around the site and want to make sure we are doing everything possible to help this case along!

[Prudence]

Hi, we rang the Court today one week past the deadline for the Allocation Qustionnaire and they have received an AQ from Welcome (obviously just arrived in the last couple of days). We have not had a copy not only that but why does the judge give them more time when the deadline was the 9th? Also it is more than 28 days since we filed our defence - aren't they required to respond and send us a copy of that response too? Shouldn't I be writing to the Court about this, and if so, how should I word it? Thanks for your continued support on this case. P

Should I yet be doing anything abou the Counter Claim & "Further Directions" ?

[Michael Browne]

There is no requirement for either claimant or defendant to send a copy of their AQ to the opposing side.

[Prudence]

But I was given the following advice here on this forum. We would really rather have not sent our AQ to the opposing side.

 

"did you send the Claimants Sols a copy of the AQ? 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."

[Michael Browne]

It is recommended as a courtesy, but is not a legal requirement.

 

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.

I have never known this happen

 

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."

This only happens if the AQ is not filed with the court

[Prudence]

Thankyou for that, but I wish I'd known this as I certainly would not have sent them a copy! They were extremely uncommunicative with us prior to the judgment.

[Michael Browne]

but I wish I'd known this as I certainly would not have sent them a copy!

It's not a problem, the AQ doesn't tell them anything they didn't know already. If you phone the court and ask, they will almost certainly send you a copy of their AQ

[Prudence]

As we received an AQ, does that mean that they must have responded to our Defence? And if so, will the Court let me have a copy of their response? Thankyou for your help.

[AndyOrch]

AQs are expected to be exchanged as per Civil Procedure Rules.If you have not recieved theirs, request a copy from the Court handling the claim.The reason for wishing to view the Claimants AQ is logical it gives you insight to which way they are proceeding with their claim.They may have made a AN (which will probally contain a Witness Statemant) it may contain Directions / Disclosure requests all an insight to what they are doing and gives you the heads up in your reaction.It may state that they wish to settle and therefore give you a stay which enables you more breathing space in your next move.All the above must be taken into account for you to be able to proceed in your best interest.That is why its expected to exchange AQs it even says in the AQ itself have you forward a copy of this to the Claimant/defendent.

With regards to your last post AQs are only issued if the Claimant wishes to proceed and therefore responded to your Defence.There is no copy of their response to be seen they simply pay the fee of the AQ and it is issued to yourself to move the Claim onto the next stage and subject to how you and the Claimant complete said AQ will then determine when the Court will become involved ie is settlement achievable or does this matter go to Trial.

 

I trust the above clarifies any misunderstandings

 

 

Regards

 

Andy