Equidebt County Court Claim

[needy]

Hi

I think I have done it right...

 

Edited February 18, 2009 by needy
changed format

[creditcardmug]

Hi yes your scans are ok, although some of your personal details are on there, you may want to cover them up.

 

The defence was a bit inaccurate, going on about split cause of action, i dont see that here, it will suffice, although the other side will now think they are dealing with someone who isn't au fait in these matters.

 

The agreement is illegible, and contains no prescribed terms, so thats enough for you to win for starters.

 

Have you had a Default Notice, if so can you scan that in?

 

What date did you get that letter from the court?

 

The solicitors letter is just trying to intimidate you into dropping your defence, and signing a consent order, when they know they cant win.

 

The important part will be the next stage, the Allocation Questionaire, this is the part you need to get right, and take your time over.

[needy]

Hi the date of the letter from court is 6th February no they did not send a default notice I will cover up personal details Many thanks

[creditcardmug]

If they didnt send a DN they dont even have a "legal cause for action" under the CCA,

 

So they have 28 days from 6th feb to decide whether to continue:rolleyes:

[needy]

Hi no they did not send a default notice and yes the letter from the Court says that should they wish to proceed they need to contact the court within 28 days I have removed personal details (if its WORKED) many thanks again

[needy]

Hi what do we do now do we respond to the solicitors sletter Many thanks:confused:

[creditcardmug]

What solicitors letter?

[needy]

Hi the papers I posted were from the solicitor asking me whether I wish to maintain my defence etc Many thanks

[creditcardmug]

I would ignore it myself, why would you want to drop your defence?

[Guest Gordons Barking]

Post up the agreement minus any identifiers and ask for an opinion on how to proceed. No reply in 48 hours contact any of the site team by personal message.

[needy]

Hi we have today received an allocation questionnaire Please may we have help completing it it has to be in by 6th April 2009 - not a lot of time:eek: Thanks

[I've got no money]

Can I ask - how much is the claim worth - If it is more than £5,000 you should allocate the case to the Fast Track.

 

Do NOT allocate to the Small Claims Track UNLESS the claim is worth less than £5000 - CPR 31 does NOT apply to the SCT

 

You need to make a further CPR Pt 31 request you want a copy of the actual assignment itself. Give them 14 days to reply if you don't get the documents you need to make an application for an order that they comply. Technically you could make an application now for the stuff that you've already requested but you may as well wait until you have done the letter requesting the actual assignment.

[needy]

Hi yes it is more than 5000 they are claiming Thank you

[creditcardmug]

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]

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 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

© notices of assignment together with proofs of service

(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).

[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]

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 18, 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]

Make copies of the last 3 posts, to attach to the AQ, suggest you take it to the court office before 4 PM today, ask for a receipt

[needy]

got a receipt in the form of a stamped compliment slip they do not give out more formal receipts but its good enough. Many msny thanks again for everything you really are a life saver

[creditcardmug]

Phew!...in the nick of time then:)

[needy]

yes just.... thanks again a big weight lifted

Edited August 2, 2009 by needy

[needy]

Hi we need help again, we have received notice to serve disclosure list and witness statement if we do not the solicitors are requesting that we be barred from defending the claim we did not realise we had to do anything else we were waiting for a court date please can you help thank you

 

We also have to complete and submit a pre trial checklist could we possibly ask for help in completing this I think because we are stressed it all seems complicated - sorry

Edited July 29, 2009 by needy

[needy]

Hi could anyone help with a pre trial checklist please

[needy]

Hi we need help again, we have received notice to serve disclosure list and witness statement if we do not the solicitors are requesting that we be barred from defending the claim we did not realise we had to do anything else we were waiting for a court date please can you help thank you

 

We also have to complete and submit a pre trial checklist could we possibly ask for help in completing this I think because we are stressed it all seems complicated - sorry

[needy]

bump anyone please