Nottsdave/Capquest-Court date soon.

[DonkeyB]

Hi Dave and all who are helping you. Alarmingly, a third case has surfaced where HL is putting the CPR31.14 request into court as the defendent's defence - see here.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186936-county-court-claim-2.html

 

I'd be grateful if any of you could add to rogermeard's thread from your experiences. HL legal, as ScabHunter says, now definitely appear to be using this as a tactic and it needs to be stopped.

 

DonkeyB

[Nottsdave]

well I rang the court today hoping to hear that the case had been struck out because they had run out of time (court gave 5 days from the 9th March).

No such luck as the guy at the court told me that they allow a couple of days for post and there`s a bit of a backlog , I was told to ring back in a couple of days:mad:.

And there was me thinking that 5 days meant 5 days, only in my world it would appear:confused:.

 

Notts

Edited March 16, 2009 by Nottsdave

[creditcardmug]

The court always gives the claimant a lot of leeway, if you were late filing, you would get none:(

[cymruambyth]

Hello ccm, glad to see you still aroiund

[MARTIN3030]

Yes this is not unknown I have dealt with 3 courts and all have a post backlog-thing is it should not reflect their deadline-it was either filed on time or it wasnt-if it wasnt,then its your call.

[Nottsdave]

well I rang the court again today to see if the case had been struck out (judge gave 5 days from the 5th March for the claimant to get there AQ in) surprise surprise no AQ has been received but the case now has to be refered back to the judge for action.

 

How long will this drag on !!!!

 

Notts

Edited March 18, 2009 by Nottsdave
fast fingers

[citizenB]

well I rang the court again today to see if the case had been struck out (judge gave 5 days from the 5th March for the claimant to get there AQ in) surprise surprise no AQ has been received but the case now has to be refered back to the judge for action.

 

How long will this drag on !!!!

 

Notts

 

This is so unfair. Did the DJ say the case would be struck out if they didnt file within the extra 5 days ?. It is now the 18th, more than enough time to get themselves sorted.

[Nottsdave]

yes, the letter clearly states ----

 

Quote

Unless the Claimant files an Allocation Questionnaire and pays the fee thereon within 5 days of service of this Order in default the Claim is struck out.

 

I dont think the AQ is coming from the other side;), but I still say five days is five days:confused:.

 

Really frustrating

 

Notts

[creditcardmug]

I know how frustrating it is, i have had this twice myself now, the last time i wrote two letters to the court, in order to achieve success, if its been sent back to the judge to look at, you should get movement soon

[Nottsdave]

thanks CCM. great to see you are still around

 

Keep up the good work mate

 

Notts

[tamarindo]

thanks CCM. great to see you are still around

 

Keep up the good work mate

 

Notts

 

Hi

 

Sorry for being inquisitive but

Any news about your case??

 

bye

Tam

[Nottsdave]

Hi Tam

 

I tired of ringing the courts to see if the case has been thrown out (due to backlog of work) Im expecting to hear this week.

 

Notts

[Nottsdave]

:mad::mad:

 

I cannot believe whats happened, after the compete cock up regarding Northampton Bulk Centre claiming that my defence had been filed when it hadnt. Then after contacting Nottingham court over the past two weeks and being told that nothing had been received from the claimant I then get a letter from the court that states......

 

Dear Sir / Madam

 

I refer to the above mentioned claim and your recent telephone conversation with a member of the Court staff.

It appears that you were incorrectly told that the Claimant had not filed an AQ, the Claimant had actually filed a AQ in Feb , the order dated the 5th March 2009 should not have drawn.

The file has today been referred to a district judge for allocation directions. so what does this mean ?

 

An order will be sent to you in due course. ?

 

Please accept the courts aploigies for any inconvienience caused. no I wont but it wont help me now

 

If you have any queries with reference to the above please do not hesitate to contact the Court on the above number.

 

Many Thanks

 

Blah Blah Blah

 

What happens now guys ?

 

Notts .... mad mad mad and very bemused.

[tamarindo]

:mad::mad:

 

I cannot believe whats happened, after the compete cock up regarding Northampton Bulk Centre claiming that my defence had been filed when it hadnt. Then after contacting Nottingham court over the past two weeks and being told that nothing had been received from the claimant I then get a letter from the court that states......

 

Dear Sir / Madam

 

I refer to the above mentioned claim and your recent telephone conversation with a member of the Court staff.

It appears that you were incorrectly told that the Claimant had not filed an AQ, the Claimant had actually filed a AQ in Feb , the order dated the 5th March 2009 should not have drawn.

The file has today been referred to a district judge for allocation directions. so what does this mean ?

 

An order will be sent to you in due course. ?

 

Please accept the courts aploigies for any inconvienience caused. no I wont but it wont help me now

 

If you have any queries with reference to the above please do not hesitate to contact the Court on the above number.

 

Many Thanks

 

Blah Blah Blah

 

What happens now guys ?

 

Notts .... mad mad mad and very bemused.

 

 

Surely the court do no have proof that you filed the initial defense papers..

unless a hacker broke into your web page and used your password and

personal id to authenticate himself!!!!.... report it to the police!!!...

 

very odd, ask pt2537 for advice fast!!!!

 

Tam

[Nottsdave]

the issue of the bogus defence was a error admitted to by the court, so thats kind of done and over with now.

 

It just highlights the number of errors made by the system.

 

Notts

[citizenB]

Crikey, this is a bit of a muddle isnt it ?.

 

I guess what this now means is that things will be going ahead and that a court date will be sorted out. I am sorry, I dont really know what the procedure is. You have filed all your paperwork havent you ?

 

I really think you need to get in touch with creditcardmug, have you pm'd him. I will ask for a more experienced site member to look in on you.

[Nottsdave]

thank CB,

 

Yes all paperwork filed I will give CCM a pm to see if he can help

 

Notts

[DonkeyB]

I think the next step is an allocation hearing where the judge will look at the claim and the defence documents, then allocate a track and set a trial date. That bit is straightforward.

 

My worry is if they can't get the straighforward bits right, what have they done with all the other paperwork? Beggars belief. Let's hope your correct defence is in place and that you're not nobbled by more cock-ups (or, er, allegedly dodgy practice by their solicitors).

[Nottsdave]

anyone else got any ideas on post 238 ?

 

 

 

Notts

[ukaviator]

Hi Nottsdave

 

These directions are made by the court at the allocation stage of litigation and depend on which track the case is allocated to, and the circumstances of the case. The criterion are set out in the Civil Procedures Rules, and usually made at the discretion of a procedural judge following receipt of allocation questionnaires. These directions allow the justice system to assign the most appropriate court resources to the dispute, having regard to the size of the financial claim and other material considerations.

 

Usually, a court will not issue allocations questionnaires until all of the Defences in the litigation are filed. It is these documents, which are filed and served by each party that the court relies on to allocate the case. The time for allocation may be delayed where a stay of proceedings has been ordered, or where the proceedings have been transferred to another court. The court is at liberty to require the parties to attend an allocation hearing if it thinks fit.

 

A court will make standard directions in small claims track cases. In fast track and multi-track cases a court will consider making directions that set out the timetable up to the hearing, which includes disclosure, exchange of witness statements, filing and serving of experts' reports (narrowing the issues for expert evidence), pre-trial checklists and listing the claim for trial.

 

Once a Defence has been filed in proceedings in either the County or the High Court, the next stage is the filing of Allocation Questionnaires. This is a document forwarded by the Court to each side. The Court sets a deadline by which the completed document must be returned to them.

 

The person who started the proceedings, i.e.: the Claimant also has to pay a fee to the Court of £80 when the Allocation Questionnaire is returned. In some straightforward matters the Court will dispense with an Allocation Questionnaire. This usually occurs when it is clear that the claim is for £5,000 or less and should therefore go into the Small Claims Court jurisdiction. The fee however is still payable. The Allocation Questionnaire will ask for information which will give the Judge a clearer idea of the issues between the parties. The Questionnaire asks about the following issues:

 

1. Whether the parties want the Court proceedings to be “stayed” i.e.: put into suspension for a period of one month to see if a settlement can be reached.

 

2. If the final Trial needs to be held at a different location and if so why.

 

3. A clear indication of the amount in dispute.

 

4. Some idea as to the number of witnesses that each party might be calling.

 

5. Confirmation as to whether Expert Evidence and Expert Reports will be needed.

 

6. Which Track the Solicitor believes is most appropriate for the case. Small Claims Track relates to claims of £5,000 or less. The Fast Track relates to claims of between £5,000 and £15,000 and the Multi Track applies to claims of over £15,000. Different procedures apply depending on the Track that is adopted. The Track can also be determined not necessarily by the amount in dispute but whether there are any complicated legal issues.

 

7. An indication as to how long the parties think they will need for the final Trial and if there are any dates they already know need to be avoided.

 

8. The timetable and items that the Solicitors believe will need to be dealt with before the case is ready for final Trial. These are referred to as Directions.

 

9. Some idea as to the legal costs already incurred.

 

10.Any other information, which will be of use to the Court.

 

Each party must file the Allocation Questionnaire with the Court by the date specified. They must also supply a copy of their completed Allocation Questionnaire to the other side. The Judge will then look at the two Allocation Questionnaires and the Court file and will decide what Directions are appropriate and whether or not a Case Management Conference is necessary. The Court will then send out an Order which will set out the timetable the Court requires, the list of things that will have to be done and any date fixed for the Case Management Conference. In most cases the Court will also fix a “window” for the final Trial.

 

 

Edited March 30, 2009 by ukaviator

[Nottsdave]

thanks UK,

 

So looks like Im off to court then, I suppose I just wait now.

 

 

Notts

[tamarindo]

thanks UK,

 

So looks like Im off to court then, I suppose I just wait now.

 

 

Notts

 

 

hi

 

just a quick question, have they complied with your cca request and default

notice, and cancellation notice and prescribed terms, etc

[Nottsdave]

they sent some statements and a poor application form which the mighty Scabhunter says is rubbish. No cancellation notice.

 

So i figure with what they have sent isnt enough for them to win.

 

Notts

[creditcardmug]

Hi, you wont necessarily have to attend an allocation hearing, you will probably get an order for directions from the court shortly

[ukaviator]

Yes it will probably be allocated by post in your case.