John Lewis Cca?? ***WON*** struck out

[guzzleguts]

No probs when your ready, been reading your won thread great read, hope mine goes like that.

 

GG

[creditcardmug]

Have you read my nationwide won thread as well?

[guzzleguts]

Not yet that will be next on my list.

 

Thanks GG

[guzzleguts]

Hi CCM

Ive had a read through both your won threads excellent reading and makes me feel even more confident.

 

By the well done on both cases.

 

GG

[creditcardmug]

Is the claim under 5k not including costs?

[guzzleguts]

Its around 8k

 

Thanks

 

GG

[creditcardmug]

Is section I headed other information?

 

Just checking as there were 2 versions of this form

[creditcardmug]

Assuming its a yes to the above,

 

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "please see attached section C"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

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

 

Sign & date it etc.

[creditcardmug]

Pre-Action Protocols

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR Part 31.14, in order that I could investigate their Particulars of Claim, and file a suitable defence. A copy is attached to this form.

 

The claimant has not replied

[creditcardmug]

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service

© the deed of assignment the original document must be brought to the hearing

(d) notices of assignment together with proofs of service

(e) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(f) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order 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 assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

Edited May 17, 2009 by creditcardmug

[creditcardmug]

Other Information

 

Section I

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.

 

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

[creditcardmug]

In the directions, fill in the xxxxs, dont fill in the dates in paras 1 and 4, the judge will do that

 

In the Pre-Action Protocols fill in the date and attach a copy of your CPR letter

 

Print off the last 3 posts, and attach to the AQ

 

Send it to the court by SD, dont bother sending a copy to the other side

[guzzleguts]

Yes sec I is other information.

 

And thank you doesnt seem enough for the other posts.

 

Your a very nice person, thanks for your time.

 

GG

[guzzleguts]

Do i send the other side a copy?

 

Sorry ive read post 58 now, no i dont send them a copy.

 

GG

Edited May 17, 2009 by guzzleguts

[guzzleguts]

Hi CCM

 

On the draft order for directions, do i leave in the part (being a date 2 weeks from the dateof making the case management directions), and do i leave in the same at the bottom of page being the 6 weeks bit?

 

Sorry to be a pain

 

GG

[creditcardmug]

Yes you leave them as they are, the only thing you do with the directions is fill in where the xxxxs are

[guzzleguts]

Thanks CCM

 

Just one more thing, does it matter when i send them off, IE: late as poss or it doesnt really matter

 

GG

[creditcardmug]

id just do it now personally

[guzzleguts]

CCM ive sent you a PM to update you on this thread

 

GG

[guzzleguts]

Hi all, this case has been struckout without further order, i have had it confirmed from the court.

 

They didnt file their AQ's.

 

So title change please.

 

CCM i cant thank you enough you have been fantastic.

 

And CB thanks.

 

Wasted costs letter going today. (Donation once received)

 

 

GG

[Copier]

Congrats GG

 

Copier

[guzzleguts]

Thanks Copier

 

 

GG

[creditcardmug]

Excellent, just what i like to hear, well done!

[Misscynical]

Fantastic news, congratulations. Wish I could've held out on bankruptcy cos I would have loved a result like this. Still reading and absorbing, have offered my services to CAB and am waiting for them to sift through my references:-) If I'm successful I will happily share on here anything I learn in training! Good luck all. MissC

[citizenB]

Fantastic news, GG.

 

Have changed the title and moved you to the success forum.