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.

 

 

• 
  

[upto the eyeballs]

bump

[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

[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

[upto the eyeballs]

Sorry I meant defendant, will edit, thanks

[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?

[upto the eyeballs]

OK this is my draft for my AQ Allocation Questionnaire many thanks to creditcardmug & 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.

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 judgement

 

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 this document must be disclosed before this case can progress any further.

 

 

 

 

 

 

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.
  
• 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.
  
• 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.

 

 

 

 

Any further suggestions before I send it and do I need to do statement of truth or just sign and date draft ?

 

 

 

[upto the eyeballs]

bump

[upto the eyeballs]

thanks ccmug

[upto the eyeballs]

The claim is for just under £10,000 however still not received anything for this case. Will look into multi track

[upto the eyeballs]

Update...

 

Cohen's have submitted their AQ, not received my copy rang the court to send one.

 

Received letter from court today stating

 

The file has been placed before district judge XXXXX and she has stated the following,

 

"Permission of the Court is required to amend or withdraw his admission - CPR 14(1)(5) and the defendant should make the appropriate application" (form enclosed) N244

 

Now any ideas on what I should do now????

 

Has the judge not read my draft directions order / special directions letter?? (Post 29#)

 

Should I write a letter to the court asking them to put case before the judge again??

Edited January 26, 2009 by upto the eyeballs
typo error

[upto the eyeballs]

Hi CCMug,

 

This is the case if you remember where I initially part admitted the claim but then withdrew my part admission and submitted an embarrassed defence.

 

This was done via Northampton MCOL, They then sent notice that my defence has been filed and case was being transferred to my local court.

 

I can only assume that after filing my AQ the judge is not happy with my part admission withdrawal.

 

Maybe Cohens have objected to my actions? Won't know until I get copy of their AQ.

 

Any ideas how to proceed?

[upto the eyeballs]

Thanks ccmug

 

Received AQ from Cohens today, they have filled in an N149 (Small Claims Track) but claim is for £9000 ish?

 

Why have they not filled in N150 like I had too? Will they have to do another?

 

In the Other Info section they remarks evidence will be within witness statement, deponent unknown at present???

 

Also MCOL accepted by withdrawal of part admission / and defence but on transfer to local court judge not happy, is my only option to fill in N244?

[upto the eyeballs]

Thanks for reply ccmug

 

I have today sent letter to court basically explaining I received permission from Northampton MCOL to withdrawal part admission and enter defence so in LIP style is this OK or do you want me to fill in N244.

 

Also on Cohens AQ submitted they have requested small claims track ??

 

Thanks for your help as always!!!

[upto the eyeballs]

Update....

 

Court have replied requesting that I complete the N244 for my previous withdrawal of part admittance and file of defence.

 

Can anyone help on filling in N244, do I need to do witness statement etc.

 

Basically I need to do the following

 

1. Originally part admitted claim due to time constraints / non understanding of legal system / error

 

2. After researching alleged debt requested proof i.e CCA request, CPR request, statements to show possible charges etc

 

3. Company failed to supply any proof of debt No cca or default notice

 

4. Rang Northampton MCOL to explain that I wished to withdrawal my part admission and that I intended to defend the whole claim

5. They advised I put request in writing, which I did.

6. Then received confirmation case was being transferred to my local court along with allocation questionnaire to complete which was duly submitted.

7. Then receive letter from court advising that the permission of the court is needed to withdrawal a previous admission.

 

So I would be grateful for any help?

Edited February 2, 2009 by upto the eyeballs
typo error

[upto the eyeballs]

bump.

[upto the eyeballs]

Thanks Goldlady Any more thoughts anyone?

[upto the eyeballs]

bump..

[upto the eyeballs]

bump

[upto the eyeballs]

OK not really sure what to do but here goes,

Section 3 - What order are you asking the court to make and why?

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person I originally completed the part admission via Northampton (CCBC) MCOL I was unsure of what to do or of the amount owed and felt pressured into doing something as I was receiving threats from the claimant.

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since xxth xxxxxxxx 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

 

1. Credit Consumer Act 1974 Section 77(6) states:

   
   

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement

Section 4 - Have you attached a draft of the order you are applying for?

Not sure what to do here, my order above seems quite simple??

Section 5 - How do you want to have this application dealt with? without a hearing

Hope this is OK, Don't see why my order request would need a hearing?

Section 10 - What information will you be relying on, in support of your application?

Tick box 1 - The attached witness statement

Tick box 2 - The statement of case

Tick box 3 - The evidence set out in the box below

 

 

Now this is where I am a bit stuck, what I plan to do is a witness statement outlining what has happended with this claim to date outlining all correspondence sent/received.

 

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the defendant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent.
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998)8)
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• x/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• x/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the xx/xx/xxxx.
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt.
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

Any advice would be much appreciated, can't find any information on N244 application (Withdrawal of part admission)

Edited February 5, 2009 by upto the eyeballs
typo error

[upto the eyeballs]

Thanks for all your help, any more thoughts?. Really need to get this N244 completed.

[upto the eyeballs]

thanks, back on line now old isp went bust, anymore thoughts anyone

[upto the eyeballs]

OK this is my second draft for N244 application that needs to be sent today.

 

 

Thanks for everybody's help please have read and reply if you think anything needs adding or deleting.

 

 

 

 

 

 

 

N244 Application Draft (Asking for permission from the court to withdrawal my previous part admission and file intention to defend the whole claim)

 

 

 

 

 

 

That my previously submitted “part admission” via Northampton MCOL be withdrawn and replaced with my application to defend the whole claim.

Being a litigant in person,I was not totally conversant with procedures,I felt intimidated to act,in view of pressure from the Claimant. I respectfully ask that the Court take these factors into consideration

I have since requested documentary proof of the alleged debt (Including a Consumer Credit Act 1974 s.77/78 request for a true copy of the credit agreement) but the claimant has failed to provide this. After taking legal advice I was advised to withdraw my part admission and defend the whole claim as the claimant has failed to provide a true copy of the credit consumer agreement previously requested and as such is now in default since 25th November 2008. Without this agreement the claimant is not entitled to enforce the debt in any way including court action.

Credit Consumer Act 1974 Section 78(6) states:

If the creditor fails to comply with subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

 

 

And will send the following witness statement:

IN THE ******* County Court Claim No:

 

 

 

 

BETWEEN:

 

[ ]

Claimant

and

[ ]

Defendant

Witness Statement

 

 

 

• I am the defendant in this case.
  
• xx/xx/xxxx N1 claim form issued via Northampton (CCBC)
  
• xx/xx/xxxx Formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for true copy of credit agreement sent. (See exhibit EX1)
  
• xx/xx/xxxx Part Admission submitted via Money Claim Online
  
• xx/xx/xxxx Formal CPR request asking claimant to disclose documents they will be relying on such as true copy of executed credit agreement, all records relevant to this case and transcripts of all telephone conversations by claimant and previous creditors.(See exhibit EX2)
  
• xx/xx/xxxx Formal request to supply me with complete list of transactions and charges relating to my history with claimant - Subject Access Request (Data Protection Act 1998) (See exhibit EX3)
  
• xx/xx/xxxx Telephone call to Northampton (CCBC) asking for permission to withdraw previously submitted “Part Admission” and intention to defend the whole claim. Advised to put request in writing.
  
• xx/xx/xxxx Email & letter sent to Northampton (CBBC) withdrawal of “Part Admission” and filing of defence.
  
• xx/xx/xxxx Letter sent to claimant advising account in dispute as they had failed to provide true copy of credit agreement. Therefore account entered default on the 25/11/2008. (See exhibit EX4)
  
• xx/xx/xxxx Letter sent to claimants solicitors advising account in dispute / default, they had failed to supply any information (CPR request) and asking for them to discontinue the claim against me as while account is in default they cannot by law enforce the debt. (See exhibit EX5)
  
• xx/xx/xxxx Letter received from Northampton (CCBC) that Notice of defence has been filed, Transfer of proceedings & Allocation questionnaire to complete.
  
• xx/xx/xxxx Allocation questionnaire submitted.
  

[upto the eyeballs]

good to go?