CCJ court claim form received

[jodenice]

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[supasnooper]

The Allocation Questionnaire needs to be completed and returned to the court NOT to the solicitors.

 

I would wait to see if Andyorch can advise on this before completing and posting.

[AndyOrch]

Hi Jodenice

Ok you have received the N149 AQ SCT.This is quite simple to complete and I will run through this with you next week.

 

Regards

 

Andy

[jodenice]

Hi Andy

 

OK I've bought the form to work with me today.

 

We also received a 'General Form of Judgement or Order' Form.

 

It says that the claimant must file at court all the things we asked for earlier (loan agreement, default notice etc)

 

It says that an allocation / case management conference is listed to be heard before a district judge in April and is estimated to be 30 minutes. Is this for us to go to? As there is no way that my boyfriend will make this (he works shifts in London and that day he has to be at work by 5am!)

[jodenice]

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[AndyOrch]

Hi

 

What has happened here is perfectly normal. The claim has been defended so it has been transferred to your local court and your local court is now arranging to make some directions for the future conduct of the case.

This is where the AQ comes in. It's a bunch of questions the answers to which will help the court manage the case.

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick 'Yes'

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessmwent proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way.

Regards

Andy;)

[jodenice]

OK this all looks good and I shall bring in the password tomorrow and do it online.

 

Couple of questions (fairly inane ones but I've never let that stop me in the past!)

 

Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him?

 

Secondly - I'm really worried about the court dates thing. He works shifts - I cannot write down the entire years shifts in the box. I want to somehow indicate that he is in shift work without writing down all the dates. (in some cases he would be available in the afternoon and not in the morning and vice versa). He sometimes starts work at 2am or gets home at 2am. I guess if we knew far enough in advance he could tryto swap his shifts.

 

Thirdly - G - There have been quite a few letters! One says thank you for sending the default notice and copy of the CCA however you did not furnish me with the details of charges applied to the account - is this the one? Or the original default & CCA request letter. Or everything!

 

Lastly - At what point would I point out that they have filled in their court form wrongly (particulars of claim amounts don't match amount requested).

[AndyOrch]

OK this all looks good and I shall bring in the password tomorrow and do it online.You dont do the AQ on line its sent to your Local CC

 

Couple of questions (fairly inane ones but I've never let that stop me in the past!)

 

Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him?Yes

 

Secondly - I'm really worried about the court dates thing. He works shifts - I cannot write down the entire years shifts in the box. I want to somehow indicate that he is in shift work without writing down all the dates. (in some cases he would be available in the afternoon and not in the morning and vice versa). He sometimes starts work at 2am or gets home at 2am. I guess if we knew far enough in advance he could tryto swap his shifts. cant advise

 

Thirdly - G - There have been quite a few letters! One says thank you for sending the default notice and copy of the CCA however you did not furnish me with the details of charges applied to the account - is this the one? Or the original default & CCA request letter. Or everything!Everything/anything not furnished

 

Lastly - At what point would I point out that they have filled in their court form wrongly (particulars of claim amounts don't match amount requested).

Dont mention it yet unless it actually gets to Court

Regards

Andy

[AndyOrch]

Hi Andy

 

OK I've bought the form to work with me today.

 

We also received a 'General Form of Judgement or Order' Form.

 

It says that the claimant must file at court all the things we asked for earlier (loan agreement, default notice etc) By what date?

 

It says that an allocation / case management conference is listed to be heard before a district judge in April and is estimated to be 30 minutes. Is this for us to go to? As there is no way that my boyfriend will make this (he works shifts in London and that day he has to be at work by 5am!)

 

If they fail to do the above and ignore the order you can they apply to have the case struck out.More on this later

Andy

[jodenice]

Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him?Yes

 

Yes to which one?!?

 

Re General form of judgement - says 14 days of the 'service of this order' and the date on it is 15th January.

 

Re downloading - OK I shall do it now then.

[AndyOrch]

Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him?Yes

 

Yes to which one?!? yes zero

 

Re General form of judgement - says 14 days of the 'service of this order' and the date on it is 15th January. Ok wll advise later on this

 

Re downloading - OK I shall do it now then.

yes you can fill it in manually but look far better done and printed off screen

andy

[jodenice]

Where can I find the PDF? Is there one on CAG? (I've been searching but can't find it)

 

i did find a PDF online but the wording is different so it seems it may be a different version.

 

thanks for this

[AndyOrch]

Its on the HMCS website make sure you open the N149 and not the N150

 

will try and find the link for you

 

Further DetailsTitleFormatN149

 

 

 

 

Andy

Edited January 21, 2009 by Andyorch

[jodenice]

right I'm doing it now. With regards to the correspondence sent to them - don't include the stuff sent back in the beginning of August when they were harassing him for voluntary charge orders, where he explained that he was on a DMP and that all money is shared between his creditors? Just stick to the legal stuff?

[jodenice]

One other thing - in a lot of your stuff it has (date) written on it, is this for me to fill in? And am I going by the date that this form is due back in court?

 

thanks

[AndyOrch]

Yes Jodenice

 

Just stick to todate and yes fill in the dates to suite your case

 

 

andy

[jodenice]

so in the part when I am asking for a stay of proceedings to use the court mediation services, i'm putting the date of the 26th Jan down? (it just doesn't seem much time)

[AndyOrch]

usually 1 month Jodenice

 

Regards

 

Andy

[PGH7447]

Reading with interest, just starting out on this route and the info provided by Andyorch and Havinestella is invaluable.

 

Good Luck Jodenice

[jodenice]

Cool, OK I've filled it in, dated it tomorrows date and will send it recorded in the morning.

 

~Thanks very much and I'll let you know what happens.

 

I know PGH - they have been fab. Hopefully if you read through you can see some of the mistakes I have made (sending the wrong letter out at the start ) and avoid them!

[jodenice]

Hi we received a letter this morning and its from Weightmans and its a copy of their allocation questionnaire sent 'by way of service upon us'. It says they wish to receive a copy of ours by return.

 

Their form says they want a one month stay. However they have refused mediation.

 

They have ticked that they agree to the small claims track but on the next page they have filled in the costs at £200 to date and an estimated £4500 overall costs. (it says don't fill this bit in if you have suggested your case is suitable for the small claims track so not sure what this is about).

 

Also says they are calling a witness, presumably HFC.

 

Not sure what to do?

[jodenice]

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[jodenice]

sorry, can anyone help please.

[jodenice]

Whats the button you press to ask for urgent help as my time is running out.

 

I've not done anything with regard to sending the form to the solicitors and I need to find out what to do!

[jodenice]

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