Help Please -HFC (HSBC) v Happy Shopper N150 - Allocation Q

[happy shopper]

Hi everyone,

 

First apologies that I haven't been on recently, have been away and came back to an allocation questionnaire N150 regarding HFC who are taking me to court with collection charges of almost a thousand pounds on a credit card opened with HSBC not HFC.

 

Link to my post (and all the help and advice received from x20, Caro, Steven, CCM, OMWO - thanks to all of you) it's a bit long reading.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156330-hfc-restons-hello-help.html#post1666963

 

You will see if you have time to trawl through my thread I managed to post links to the default notice I received from HSBC which seemed to be in order and also links to the POC I received. The response letter to my CCA request sent copies of 6 statements and a copy of the credit agreement. The response letter was on HSBC headed paper but signed off as HFC? HFC have not been allocated my debt as far as I can see but perhaps a Judge will say that HSBC are part of HFC anyway??

 

Restons also sent me a letter on behalf of HFC Bank (not HSBC) to try and secure a voluntary legal charge against my home which I refused, am in a DMP with CCCS and paying as much as I can afford to at the moment on a monthly basis.

 

Links to items received.

 

Default notice

 

Image of default online card page 1 of 2 - Photobucket - Video and Image Hosting

 

Image of default online card page of 2 of 2 - Photobucket - Video and Image Hosting

 

Particulars of claim

 

courtclaimhsbconline15aug08detailsr.jpg - Image - Photobucket - Video and Image Hosting

 

 

copy of credit agreement sent in response to cca letter but no pages 2,3 and 4 were attached

Image of CCA online card - Photobucket - Video and Image Hosting

 

I have until 17th November to complete and submit the N150 allocation questionnaire, have had a good look around the site before pestering you all again and think I have most items covered but would appreciate some help with some things.

 

I have had no response to the CPR 18 requests sent to HFC in Sept and second request sent in Oct, so I'm hoping this may prove good grounds for defence as per x20 guidance.

 

Any help most appreciated I'm going to have to get this sorted out by Wednesday night in order to ensure received in time by the court I think..

 

sorry for short notice, it wasn't a nice thing to come home to, but I was kind of expecting it really, just hope I can get it sorted out.

 

Will post N150 completed for perusal as soon as I've double checked what applies - sorry it will probably be a carbon copy of Madi's Mum's

http://www.consumeractiongroup.co.uk/forum/legal-issues/158235-help-allocation-questionaire-soon-2.html#post1696054

 

This, along with the advice from Andy Orch to Madi's Mum and the sticky on completion of allocation questionnaires has been really helpful.

 

Happy Shopper

[happy shopper]

:???:Sorry for posting on more than one forum...Link to my post below, need some help with N150 completion please, my initial post back in August http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/156330-hfc-restons-hello-help.html#post1666963

was put into the Debt Collecton industry forum so thought might help to bring it to the right people's attention if I post link to my new post here.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167657-help-please-hfc-hsbc.html#post1806387

 

Hope someone can help, thanks as always

 

Happy Shopper

[happy shopper]

Ok posting draft for N150 - it's pretty much made up of the sticky advice from pt2537

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

and Madi's Mum's

[happy shopper]

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

meant to thank jonni2bad also...have spent last couple of days reading so hope I can complete with minimum of advice (but doubt it, need all the help I can get)

[happy shopper]

Please could one of the site team or anyone who has been through similar advise if this looks ok, will complete asap if it is as I need to get copies sorted for HFC.

Could someone advise on the fee? I don't think I will qualify for an exemption (am on a dmp and in financial difficulty but not in receipt of benefits and income before paying out bills, dmp etc, is probably over threshold). Do I need to pay a fee to submit the N150 as I am the defendant to HFC's claim?

Thanks again, look forward to getting some advice

ALLOCATION QUESTIONNAIRE

 

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

 

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? £7,000.00

 

Applications

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

 

Witnesses

 

Xx xxxxx All the facts in the case

 

 

 

Experts No

 

Track Fast 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? 1 Hour

 

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

 

 

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 party YES

 

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.
  
• 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 November 9, 2008 by happy shopper
hadn't asked for any comments/help in the post

[creditcardmug]

Hi, looks ok but have a look at my thread post 45 onwards, in particular x20s comments

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-3.html

[happy shopper]

Hi, looks ok but have a look at my thread post 45 onwards, in particular x20s comments

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-3.html

 

Thanks CCM

 

just going back through your thread from the beginning to get the jist of things....I haven't even had a letter to say HFC are not obliged to respond to my CPR 18 request...zero response until the N150 arrived...

[happy shopper]

Thanks CCM and Andy Orch

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-3.html#post1735518

 

If I'm correct then it would be better if I put that I was willing to try and settle before it got to a hearing and to request the one month's stay, but no need to arrange mediation appt.

 

Section C Pre Action Protocol - agrees with my post I think?

 

Does anyone know the fee I'll have to pay, unfortunately mine isn't going to be small claims but fast track and i'm really impoverished at the moment, but not enough to get fee waived. Do I need to send fee in to court with the AQ?

 

I'm thinking that I should hold onto my full defence information until I hear back about a hearing date? x20 gave me a more complete defence when I first had to submit the AOS and I submitted a holding defence also from x20 to say that I needed more information to proceed with defence.

 

Thanks for the help and advice, just need a few more answers to get going.

 

HS

[creditcardmug]

YOU dont pay an allocation fee THEY have to, thats why quite a few weak cases fail at that point.

 

Its not unusual for the CPR request to be ignored.

 

Cant see the point in saying try to settle when they haven't produced any docs myself

[happy shopper]

YOU dont pay an allocation fee THEY have to, thats why quite a few weak cases fail at that point.

 

Hurrah!! Or in other words that's fantastic, so no fee to pay when I submit the Allocation Questionnaire? Thanks for clearing that up a big weight off my shoulders.

 

 

Its not unusual for the CPR request to be ignored.

 

Is it worth my sending a copy of my CPR request letters to the court and HFC along with N150 or shall I just hold onto these until I get a hearing date?

 

Cant see the point in saying try to settle when they haven't produced any docs myself

 

Bit confused....should I be ticking no to settle as per original AQ section A above or going with the suggestion from Andy Orch on your post which suggests asking for a stay of a month to try and reach settlement if i'm reading it correctly?

 

Sorry, probably getting confused have been on and off the site all day and really need to eat something...

 

thanks CCM for your help, it's appreciated.

Edited November 9, 2008 by happy shopper
too difficult to read

[happy shopper]

Please can anyone help a bit more? Especially x20 if you get the chance, do I hang onto my defence until I get a hearing date? Would you advise staying for 1 month to negotiate settlement or just tick no as they've supplied no documents with regard to the CPR 18?

 

Definitely grabbing some food now but would welcome any advice.

 

thanks in advance

HS

[happy shopper]

Have eaten now, going to grab some sleep, hopefully someone can give a bit more advice tomorrow. Thanks everyone HS

[42man]

Hi Happy Shopper.....these links might help you....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[happy shopper]

Hi Happy Shopper.....these links might help you....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

 

Hi 42man thanks for posting, just back from work.... I think I referred to these earlier in my post both really useful, I put the wrong link for Jonni2bad's guide on completion of the N150 sorry but have read it and it has really helped.

 

I think I just need a nudge as to whether or not to ask for a stay of a month or not in Section A Settlement? HFC haven't complied with my CPR 18 requests... should I ask for time to settle or put No as they haven't supplied requested documents?

 

Also, I was going to attach the draft order for directions (hope I got that bit right) as per Jonni2bad's helpful post to get HFC to produce documents and information requested to defend. Does that sound about right?

 

Finally, I am not sure if I need to attach my defence or will that come later down the line once a court date is set??

 

Just want confirmation that simply completing allocation questionnaire (without additional defence information) and attaching draft order for directions will be correct?

 

Will sort this out tonight if any experts can respond please? Thanks a million, you're doing a great job

 

Happy Shopper

[surfaceagentx20]

Hi Shopper,

No need to rush anything off yet. Just give me a few mos and I'll be along later this evening.

 

x20

[happy shopper]

Hi Shopper,

No need to rush anything off yet. Just give me a few mos and I'll be along later this evening.

 

x20

 

Thanks x20, you're the best!

 

Right going to jump in the bath and clear my head a bit - it's been a long day.

 

Unfortunately I can't submit the N150 online they've given me a paper form to fill out and then I need to get it photocopied so would absolutely love to get it filled out and sorted tonight, but I know you're busy..so whenever you get a chance.

 

thanks again

[happy shopper]

going offline for the evening, so thanks again for any help and advice you can offer x20, you have been a great help getting me to this point.

 

Will be on tomorrow to get form complete and copied, thanks everyone and have a good night.

[happy shopper]

Morning everyone, x20 any luck with casting your eye over my AQ N150 yet? Do you think ok to send as is with draft order for directions and no other documents/defence until I get a hearing date?

 

Grateful of any advice so I can proceed.

 

Off to work soon but will be back on later

thanks

[surfaceagentx20]

Shopper,

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.

 

This case is concerned with a claim by HFC Bank but relates to a credit card account held at HSBC. HFC do not plead assignment or even refer back to an agreement with HSBC. As a consequence the Defence simply denies entering into an agreement with HFC. This is a complete Defence to the claim as presently formulated. It would be tempting to seek directions which blast holes through the claim but doing so is likely in my opinion to alert HFC to the shortcomings and draw the case out. Ideally, this case would be coming on for trial, meaning there would be no time for HFC to get their case in order. So what to suggest for directions?

 

I had considered that eventually the penny will drop and HFC will appreciate their claim is poorly drawn and go on to seek permission to amend. If that were to occur, which seems to me to be likely, they will prepare that application at their own speed and present it when it suits them. So I was thinking about taking the initiative away from them by seeking a direction which compels HFC to provide a copy of the agreement they rely upon in say, 14 days. And of course, that would be an agreement between HFC and Shopper.

 

A copy of an agreement has been sought before under CPR 18 and ignored. There are two equally likely reasons for this. One, that they do not have a copy of the agreeent. Two, HFC are ignorant. However, unless I'm mistaken, the CPR 18 request asked for provision of the HSBC agreement, so I would not rely on the CPR 18 request as evidence that a copy of the agreement has been sought before. Instead, I would rely on CPR 31.14 and CPR PD 16 para 7.3.

 

As I came to draft directions along these lines I appreciated the added difficulty that HFC do not even mention whether the agreement is in writing. As such the proposed directions were necessarily wide. 'If the agreement is in writing provide this ..' If the agreement was made orally provide this ..' etc. In my view the court would not issue directions along those linese. Instead, the court would simply say, file and serve better Particulars of Claim.

 

So it seems to me that if the initiative is to be taken away from HFC, the proper course would be to seek a direction requiring HFC to file and serve better Particulars of Claim. I suggest this with some hesitation because at present the DN is understood to be effective, and it can not be said at this stage with full certainty that the agreement was improperly executed.

for these reasons and on balance I propose the directions set out below and therefore that you attach to the AQ 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)(being a date 14 days from the date of the making of an order) file and serve upon the Defendant Particulars of Claim which are fully compliant with CPR 16.4 and the Practice Direction, and in particular,

(a) incorporate an interest calculation in accordance with CPR 16.4(2)

(b) incorporate a statement of account from inception of the agreement to the date on which these proceedings began

© where the agreement is based upon a written agreement, the Claimant shall at the same time attach or serve with the Particulars of Claim (1) a copy of the contract or documents constituting the agreement and (2) any general conditions of sale incorporated in the contract.

(d) where the Particulars of Claim mention a document, the claimant shall at the same time attach or serve with the Particulars of Claim a copy of each document so mentioned.

 

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:

 

Do not send a copy of your AQ to the opposition.

 

Any queries, just yell.

 

x20

n150.pdf

[happy shopper]

Shopper,

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.

 

This case is concerned with a claim by HFC Bank but relates to a credit card account held at HSBC. HFC do not plead assignment or even refer back to an agreement with HSBC. As a consequence the Defence simply denies entering into an agreement with HFC. This is a complete Defence to the claim as presently formulated. It would be tempting to seek directions which blast holes through the claim but doing so is likely in my opinion to alert HFC to the shortcomings and draw the case out. Ideally, this case would be coming on for trial, meaning there would be no time for HFC to get their case in order. So what to suggest for directions?

 

I had considered that eventually the penny will drop and HFC will appreciate their claim is poorly drawn and go on to seek permission to amend. If that were to occur, which seems to me to be likely, they will prepare that application at their own speed and present it when it suits them. So I was thinking about taking the initiative away from them by seeking a direction which compels HFC to provide a copy of the agreement they rely upon in say, 14 days. And of course, that would be an agreement between HFC and Shopper.

 

A copy of an agreement has been sought before under CPR 18 and ignored. There are two equally likely reasons for this. One, that they do not have a copy of the agreeent. Two, HFC are ignorant. However, unless I'm mistaken, the CPR 18 request asked for provision of the HSBC agreement, so I would not rely on the CPR 18 request as evidence that a copy of the agreement has been sought before. Instead, I would rely on CPR 31.14 and CPR PD 16 para 7.3.

 

As I came to draft directions along these lines I appreciated the added difficulty that HFC do not even mention whether the agreement is in writing. As such the proposed directions were necessarily wide. 'If the agreement is in writing provide this ..' If the agreement was made orally provide this ..' etc. In my view the court would not issue directions along those linese. Instead, the court would simply say, file and serve better Particulars of Claim.

 

So it seems to me that if the initiative is to be taken away from HFC, the proper course would be to seek a direction requiring HFC to file and serve better Particulars of Claim. I suggest this with some hesitation because at present the DN is understood to be effective, and it can not be said at this stage with full certainty that the agreement was improperly executed.

for these reasons and on balance I propose the directions set out below and therefore that you attach to the AQ 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)(being a date 14 days from the date of the making of an order) file and serve upon the Defendant Particulars of Claim which are fully compliant with CPR 16.4 and the Practice Direction, and in particular,

(a) incorporate an interest calculation in accordance with CPR 16.4(2)

(b) incorporate a statement of account from inception of the agreement to the date on which these proceedings began

© where the agreement is based upon a written agreement, the Claimant shall at the same time attach or serve with the Particulars of Claim (1) a copy of the contract or documents constituting the agreement and (2) any general conditions of sale incorporated in the contract.

(d) where the Particulars of Claim mention a document, the claimant shall at the same time attach or serve with the Particulars of Claim a copy of each document so mentioned.

 

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:

 

Do not send a copy of your AQ to the opposition.

 

Any queries, just yell.

 

x20

 

:D:D:D:D:D WOW!!!! and that is an understatement..you are brilliant!

 

Words are not enough......Going to get onto this now, I couldn't have done this without you.

 

You're quite right on the CPR 18 going to HFC but asking for my HSBC agreement so thanks for pointing that out.

 

I'm just so thankful for what you've done for me...going to get onto this now, if I'm right then it's ok if I send a typed N150 even though they've sent me one to write on...

 

I'm so grateful, thanks a million, back on when the deed is done.

 

Thanks :D can you tell i'm pleased? It won't let me put in any more smilies...

[happy shopper]

Shopper,

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.

 

Ok a little stuck on this bit, should it be Total from the left hand side of the form Particulars of Claim or should it be the Total amount from the right hand side of the form, the bit where they are adding in their solicitor's fees and costs? Just want to get it spot on...

 

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

 

What should I putting in the Your ref. box, if anything?? Could I make up my own reference or will that just confuse me (probably ) and do I have to put my phone number??

 

This case is concerned with a claim by HFC Bank but relates to a credit card account held at HSBC. HFC do not plead assignment or even refer back to an agreement with HSBC. As a consequence the Defence simply denies entering into an agreement with HFC. This is a complete Defence to the claim as presently formulated. It would be tempting to seek directions which blast holes through the claim but doing so is likely in my opinion to alert HFC to the shortcomings and draw the case out. Ideally, this case would be coming on for trial, meaning there would be no time for HFC to get their case in order. So what to suggest for directions?

 

on balance I propose the directions set out below and therefore that you attach to the AQ a sheet of paper on which you copy and paste the following as your proposed directions:

 

Sorry if being a bit slow, just wondering do I need to put a heading on the proposed directions that I attach to the AQ? i.e. entitle the page PROPOSED ORDER FOR DIRECTIONS and add all the In the xxxxxxxx County Court etc. then add the information as below?

 

 

Proposed Directions

 

1 The Claimant shall by (date / time)(being a date 14 days from the date of the making of an order) file and serve upon the Defendant Particulars of Claim which are fully compliant with CPR 16.4 and the Practice Direction, and in particular,

(a) incorporate an interest calculation in accordance with CPR 16.4(2)

(b) incorporate a statement of account from inception of the agreement to the date on which these proceedings began

© where the agreement is based upon a written agreement, the Claimant shall at the same time attach or serve with the Particulars of Claim (1) a copy of the contract or documents constituting the agreement and (2) any general conditions of sale incorporated in the contract.

(d) where the Particulars of Claim mention a document, the claimant shall at the same time attach or serve with the Particulars of Claim a copy of each document so mentioned.

 

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:

 

Do not send a copy of your AQ to the opposition.

 

Great advice, I would have sent them a copy too

 

Any queries, just yell.

 

x20

 

OK, I'm yelling....and saying again a great big THANKYOU!! You can't appreciate how much this means, I see how busy you are tonight and it must have taken time for you to consider and pull together all the information for me and I really am very grateful.

 

I'm sure your advice is helping a lot of stressed out people at the moment.

 

Will wait to hear from you re: the above queries and am then going to print and get it sent off with a big sigh of relief!

 

Thanks so much

 

whoops one last question that has just occurred to me... Should I be putting 1 hour against Section E for estimation of trial of final hearing duration?? Can I leave that bit blank?

 

Thanks (sorry for bold text trying to make my questions stand out)

[surfaceagentx20]

The total comes from the Particulars of Claim (LHS).

 

Put whatever you want as your reference number. HFC/JOK.er.5 springs to mind. No need to put a telephone number.

 

You can add a case heading with court and parties names plus case number if you wish though it is not strictly necessary if the proposed directions are attached to your AQ.

 

I think I put in somewhere that you were unable to give a time estimate for the trial owing to a lack of appreciation of what the Claimant's case was about (reinforcing the need for the Claimant to deliver fully compliant PoCs) so I left this bit blank.

 

I suspect the AQ isn't due at court for a while yet. Don't send it until the very last minute in case the other side's AQ comes in first. That will then give you a chance to make any last minute tweaks. When is the AQ due in?

 

Oh, and thanks and you're very welcome.

 

x20

[happy shopper]

AQ due this week but will hold off until Thursday then if you think that's best?

 

Just going to grab a bite to eat and will then finish my AQ - you are a star!

 

Yep, you're right about section E you have mentioned unable to give a time estimate I just had one of those moments where I thought I had to tick the box...

 

Going to try and click your scales, tip you scales or whatever it is you do to say you've been a great help, it wouldn't let me when I tried yesterday so will try again.

 

cheers

HS

[happy shopper]

Sorry, I've got to spread some more reputation around before I can click those scales....but you have been great!!

[happy shopper]

Ok all done and printed and I can get an early night....thanks again x20!

 

Will get ready to post later in the week, just a small question (last one I promise) did someone mention that on signing a line should be put through/just under the signature to prevent tampering/copying by claimant in this case?? Or did I imagine that?

 

I know never to sign letters sent direct to DCA/Supposed Creditor but wasn't sure if this might be a problem if court forwards copy of my AQ and possibly proposed directions??

 

Once again thanks you have been great