urgent help needed with AQ N150

[angelsmile]

hi there

 

i need help urgently with an allocation questionnaire an N150.

 

It has been issued for a motor loan regulated by the cca 1974. Te original loan was for 17495 (21699 incl interest). I took the loan out in 2004 but defaulted on the payments last year when i got into financial trouble. I was issued with ccj and decided to defend as i have sent a cca request off and also a cpr letter both have been ignored and i have not recieved a copy of my agreement etc.

 

I am unsure as to how to fill out the forms. I was going to write to SHoosmiths solicitors who act on behalf of fiat offerinf them the car back as full and final settlement but i also need to get these forms to court by friday and dont really understand them.

 

any help would be greatly appreciated.

 

thanks

[creditcardmug]

Hi, and welcome, dont you mean you were issued with a court claim (not a ccj)?

If so what date is on the claim? is this a straight loan or is it HP?

[angelsmile]

hi there thanks for helping...yes i mean they issyed the court claim and the loan is a motor loan.....it does not say HP....could post a copy up ..thats what it says on the top of my agreement. I have the original copy of the loan....hope that helps.

[creditcardmug]

To help you fill in the AQ, we need a bit of info,

 

1 can you type up what it says in the particulars of claim? (exactly)

 

2 can you post up your defence?

 

3 have you had a Default Notice, can you post that up?

 

4 can you post up the agreement if you have it

 

sorry for all the questions, but what goes into the AQ is dependant on the answers....cover up anything which could identify you.

[angelsmile]

thankyou...i have just got in from work but will post all these things in the morning. Dont think I have a copy of default notice...cant remember gettng one ..If you are around your help will be much appreciated i need to get this to court by friday.

[angelsmile]

hi there i have attached a copy of the loan docs as best i can. The writing is very small but hopefully it will help. Will type u the POC and defence in next post. I need hekp drafting a letter for them to have the car as full and final if anyone can help or if you think its not worth it and to contiue to pursue through court as they have not supplied any docs i will not bother.

[angelsmile]

hi there...here are some more details regarding this matter.

 

I did a cca and sar request to shoosmiths on10/11/08...the only response i had was a copy of an up to date statement sent 13/11/08 but the letter said please find enclosed 1) copy of agreement and 2) statement of accounts. There was no copy of the agreement. Total balance on the statement as at 30/6/08 was 7694.02.

 

On the 13/11/08 a court claim was issued by shoosmiths for 8924.97. It was received on the 15th and on the 18th I sent a CPR letter to Shoosmiths to which i have had no reply. That was received on the 21st nov 08.

 

All letters were sent recorded delivery and I have checked to make sure they were all received.

 

POC is

 

1. claimant C made a loan to defendant D under a car purchased loan agreement dated 13/03/05.

2.The loan was reapyable by installments.

3. D failed to pay the installments due under the loan agreement as and when they fell due.

4. ASsa result, C served a defau;t notice on D

5. D failed to comply with the default notice, and as a result C made formal demand on D for repayment of the loan. D has failed to repay the balance outstanding under the loan.

6. C claims the balance of the loan together with contractual interest at 12.10% from 09/11/2007 to date, of 940.95 and interest at 2.55 per day until payment.

 

The defence I put in is:

 

I have sent a number of letters to Shoosmiths requesting information in order I can file a defence and to date I have not received the information. Given that this matter is now subject to legal proceedings they are obliged to disclose under CPR all relevant infromation and documents. All copies of letters can be provided at the appropriate time along with signed proof of delivery.

 

I know this defence probably isnt right but I did it quickly without help.....

 

any help would now be gratefully appreciated. I need to complete this form tonight or tomorrow and return it to court by friday.

 

thanks

[creditcardmug]

Hi, i cant actually read what it says in the agreement you have posted above, too small...is this your original copy (not one they have sent you either by way of CCA request or CPR request)?

 

Was the claim issued in Northampton?

 

Who is the claimant , as shown on the claim form? is it Fiat Financial?

 

Everything below is ok to use depending on the answers to the above

Edited February 11, 2009 by creditcardmug

[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

© 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]

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

[angelsmile]

you are an angel....thankyou so much.....the creditor is the original fiat and the debt has not been sold. That is my original copy i have received nothing from fiat or shoosmiths in response to both cca adn cpr. The claim was issued by northampton but i have had it moved to my local court.

 

thanks once again i will get this wriiten up and hopefully will not need to ask anything further i think i understand the gist of it.

 

kind regards

[creditcardmug]

Yes print out the copies to attach to it, i suggest you take to your local court they will give you a receipt if you ask, dont send a copy to the other side

[creditcardmug]

Forgot to say, while you are in there, ask if the claimant has filed their AQ, if so ask them to photocopy it for you.

[angelsmile]

hi again. Right all the papers were handed into court and the day after guess what arrives in the post....a letter from SHoosmiths

 

We refer to your defence entered by you in this matter.

please find enclosed the following docs: credit agreement, vehicle invoice, default notice, statemement of ac and ddr mandate.

 

We enclose a completed AQ in this matter, you will note that we have requested a one month stay to enable you to file a substantial defence to the claim failing which our client will be at liberty to obtain judgement against you.

 

the AQ is attached.....they have ticked yes to trying to settle, a one month stay and a mediation appt. ticked no to location of trial. Ticked yes to pre action protocol. ticked no to case mamnagemnt. no to experts and reports. No witnesses named. ticked fast track. no to proposed directions. £200 estimated costs to date and £7000 for estimate of likely cost ( this seems a bit steep ). Yes to the fee. No to attached docs and no to applications in future and in the box in section i they have written...please see attched letter sent to defendant enclosing docs which the claimant has in its possession..( how do they know i only just got them?) . its dated 09/02/2009 as is the letter sending all the docs. The AQ had to be at court by the 13th......

 

Anyway what i want to know now is how to proceed...i can post up the agreement and the default notice if necessary or i would like to give the car back in settlement if anyone has a template letter i could use .

 

Hope someone can advise soon ...thanks.

[angelsmile]

bump

 

can anyone help me with this one. Im not sure how to proceed with it.

[AndyOrch]

Hi Angelsmile

 

 

If you could post up copies of Agreement and DN less your personal details lets have a look at what your dealing with.

 

Regards

 

Andy;)

[angelsmile]

hi andy...sorry i been away for a few days.... the agreement and DN are posted above...please tell me if they are not suitable and i will post using something else...

 

It says document type...motor loan and is headed credit agreement regulated by consumer credit act.

 

Financial details are as follows:

 

total cash price (inc VAT) 17498

amount of loan

[angelsmile]

sorry pressed wrong button to finish above post....

 

total cash price 17498

amount of loan 16743

interest 4020.84

fees 184

total charge for credit 4204.84

total amount payable 21699.94

 

there is nothing in the agreement about settling early etc but i wanted to offer the car back as full and final settlement.

 

The default notice is dated the 22 oct 2007 and says the arrears must be paid to the creditor before 5th November 2007.

 

any help really appreciated ....im not sure what to do yet as the AQ was filed before i got the agreement and they are saying they have asked for a stay for a month to enable me to file a substantial defence ....will i get something from the court or do i need to ammend defence ??

[angelsmile]

bump

[creditcardmug]

Hi, suggest you wait for the courts directions, and take it from there

[angelsmile]

thankyou for that