upto the eyeballs v CL Finance No CCA IN COURT ** Help **

[upto the eyeballs]

Hi Need help filling N150 (Allocation Questionnaire)

 

The Story so far:-

 

 

• Original debt Morgan Stanley, then Goldfish & finally sold to CL Finance
  
• Many threat-o-grams including pretty post cards (nice)
  
• Money Claim Online court claim against me started Nov08 by Howard Cohen for CL Finance
  
• Acknowledged Service and embarrassed defence submitted
  
• CCA request submitted (NOW IN DEFAULT ie 12+2days)
  
• Request for further information letter sent to Howard Cohen (In accordance with Civil Procedure Rules (CPR) please disclose blah,blah,blah
  
• Account in dispute letter sent to CL Finance with copy to Howard Cohen
  
• N150 received today with notification that claim is being transferred to my local court
  

Now I would appreciate some help with completing this N150, I have heard NOTHING from Howard Cohen or CL Finance.

 

No Proof of debt, cca, notice of assignment etc.

 

 

• 
  

[blind-as-a-bat]

I have only had to do an N149, but i think you need to be issuing directions to produce documents

 

Have you seen this 'Sticky' http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

if not it may help

[corbeta]

thats what i did when they did this to me. Judge ordered a stay until they produced credit agreement, they then produced an illegible application form!

 

keep a look in on my thread and vice versa-we should get some advice from the stirling guys on here

[upto the eyeballs]

bump

[creditcardmug]

Hi, the most important thing is to make sure in your Draft directions you ask for the "original documents to be produced in court".

 

Have a look at my thread with CL

 

 

Ill comeback this Pm to help with the AQ

[AndyOrch]

ALLOCATION QUESTIONNAIRE N150

 

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? £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?

 

Xxxx xxxxx

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.
  
• 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.

 

 

Regards

 

Andy;)

Edited January 4, 2009 by Andyorch

[creditcardmug]

Hi, have you posted details of this on another thread, i cant find any?

 

What date do you have to file the AQ by?

 

was it a credit card and how much is the claim roughly?

[rdm2006]

Hi UTE follow directions from Andyorch (that's what i did)

[rdm2006]

Oh and your thread doesn't say that you have CPR'd them have you done this? I think it is cpr 31 these days but i am sure andy will correct me if I am wrong

[rdm2006]

Found it its cpr 31.16

[banker_rhymes_with]

Hello rdm2006!

 

I think if they have already issued a Claim, then U-T-E needs to use CPR 31.14, not CPR 31.16.

 

There's a good Thread by Surfaceagentx20 on CPR 31.14:

 

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

CPR 31.16 is geared for when a Claim has not been issued and, again, CAG has a good Thread on that too, this one by PT2537:

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

 

Hope this helps.

 

Cheers,

BRW

[upto the eyeballs]

Thanks everyone for your support.

 

This was a credit card debt and claim is for £10,000ish

 

My AQ needs to be filed by the 18th Jan

 

Letter to request further info was this:

 

 

Howard Cohen & Co. Solicitors

 

 

IN ENGLAND

In the Northampton (CCBC) County Court

CL Finance Limited -v- upto the eyeballs

Claim Number:

 

Dear Sir / Madam

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Please advise if I should send a different letter ???

 

Edited January 4, 2009 by upto the eyeballs
typo error

[creditcardmug]

I would use the following for the directions, let me know what you think,

 

In the xxxxxxxxxCounty Court

Claim number xxxxxxxxxx

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) deliver to the Defendant 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 xxxxxxxxxxxxxx under reference xxxxxxxxxxxxxxxx together with any terms and conditions that applied to it, the original to be produced at the hearing.

(b) the default notice

© notices of assignment

(d) 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.

 

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 be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

5 There shall be a stay of proceedings from (date) (being a date 7 weeks from the date of the making of the case management directions) until (date) (being a date 11 weeks from the date of the making of the case management directions) to enable the parties to settle using the small claims mediation service.

 

6 Standard directions for the notification of the result of mediation to the court office whereafter in the event of mediation failing,

 

7 Standard fast track directions for the disclosure of documents and exchange of witness statements with no provision for expert witness evidence; date for hearing with a time estimate of 3 hours.

[creditcardmug]

Here is my suggested Other Information,

 

 

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

[upto the eyeballs]

thanks again everyone, will digest and report back!!

[upto the eyeballs]

Just a quick one, or two!

 

Please confirm as I am the defendant then I do not need to pay any fee's?

 

Also as AQ has to be filed by 18th Jan, should I send another CPR letter or will the one already sent suffice?

Edited January 4, 2009 by upto the eyeballs
typo error - thks ccmug

[creditcardmug]

Eh? post 1 says CL are the claimants?

[upto the eyeballs]

Sorry I meant defendant, will edit, thanks

[creditcardmug]

Lol i thought it was a mistake, no you dont pay to file yours the other side do though:D

[tendogs]

Just a quick note here, not meant to confuse I promise.

CL finance has seemingly just bought a shed-load of debt recently. A few of us have had claims from Northampton issued by Howard Cohen acting for CL Finance.

These claims have been characterised by there not being a letter before action sent to the defendant and by the Particulars of Claim having errors in either identifying the original creditor (e.g. saying Barclaycard rather than egg card) and/or the account numbers stated.

It is worth, I think, spending a little while checking the details that is, after all, where the Devil resides.

[shammy36]

subbing

[shakespeare62]

Just a quick note here, not meant to confuse I promise.

CL finance has seemingly just bought a shed-load of debt recently. A few of us have had claims from Northampton issued by Howard Cohen acting for CL Finance.

These claims have been characterised by there not being a letter before action sent to the defendant and by the Particulars of Claim having errors in either identifying the original creditor (e.g. saying Barclaycard rather than egg card) and/or the account numbers stated.

It is worth, I think, spending a little while checking the details that is, after all, where the Devil resides.

 

 

If Cohen have failed to follow Civil Procedure Rules - pre action behaviour, by not sending a solicitors "Letter before action" here are a couple of links to postings that can help.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172678-cl-finance-howard-cohen-3.html#post1889884

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172678-cl-finance-howard-cohen-2.html#post1887435

 

The letters will need to be adapted to fit your circumstances. Any letters to the Senior Partner should be copied to the District Judge at Northhampton County Court, to be added to the Court Papers for your case.

Edited January 5, 2009 by shakespeare62
editied typos

[upto the eyeballs]

Thanks everyone for your support.

 

This was a credit card debt and claim is for £10,000ish

 

My AQ needs to be filed by the 18th Jan

 

Letter to request further info was this:

 

 

Howard Cohen & Co. Solicitors

 

 

IN ENGLAND

In the Northampton (CCBC) County Court

CL Finance Limited -v- upto the eyeballs

Claim Number:

 

Dear Sir / Madam

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Please advise if I should send a different letter ???

 

 

Thanks for all the help but is the letter above OK for CPR requests? or should I send another?

[shakespeare62]

Don't let Cohens off the hook. E.g. Follow up failures to respond to letters, by further letters to the Senior Partner e.g.

 

"Why have you failed to reply to my previous correspondence ? These and other matters regarding your firms conduct are issues which I shall be bringing to the Courts attention"

 

Get a paper trail going. Copy everything to the Court.

[shakespeare62]

Thanks for all the help but is the letter above OK for CPR requests? or should I send another?

 

If you've already submitted a CPR request. !! You definitely need more advice. Anyone ?

Edited January 5, 2009 by shakespeare62