County court claim help please

[fedupwithdebt2009]

In the xxxxxxxx

County Court

Claim number: xxxxxxx

 

Phoenix Recoveries

– Claimant

 

And

 

xxxxxxxxx– Defendants

 

 

DISCLOSURE BY LIST- of –fedupwithdebt plus 1 DEFENDANTS

 

 

 

 

 

We, fedupwithdebt2009 plus 1 of planet zorg, being the defendant’s in this case, intend to rely on the following documents in court:–

1. Defence statement

2. Copy of order made on xxxx2009

3. Copy of Claim form received xxxxxx 2009

4. copy of acknowledgement of defence dated xxxxx 2009

5. Copy of Allocation Questionnaire for xxxxxxxx

6. Copy of Allocation Questionnaire for xxxxxxx

7. Copy of proof of posting of AQ to xxxxxxx Solicitors

8. Copy of letter to xxxxx dated xxxxxx2009

9. Copy of letter received fromxxxx

10. Copy of letter from xxxxx

11. Copy of letter to Marlin Financial

12. Copy of letter from xxxxxx

13. Copy of letter from xxxxxx

14. Copy of letter to xxxxxxxxx

15. Copy of letter from xxxxxx

16. Copy of Letter from HSBC

17. Copy of letter of CCA request to xxxxxxxxx

18. Copy of proof of posting of letter above

19. Copy of reply to CCA request letter from xxxxxxx

20. to 62. Copies of Statements for the xxxxxxx Account subject of county court Claim by Phoenix Recoveries

63. Copy of Opening statement of new account following on from xxxxxx account closure

64. Copy of first payment to xxxxx 1998

65 to 75. Copies of statements including payments to xxxxxxxxxx for years 1999 to 2007.

 

 

 

 

 

Also have a look at statement of truth pls....

 

 

 

 

In the xxxxxxx

County Court

Claim number: xxxxxxx

 

Phoenix Recoveries

– Claimant

 

And

 

fedupwithdebt2009 plus 1– Defendants

 

 

 

Statement of Truth

 

we certify that we understand the duty of disclosure and to the best of our knowledge have carried out that duty. We further certify that the list of documents set out in this List is a complete list of all documents which are or have been in our control and which we are obliged under the order to disclose.

 

I believe the facts stated within this document to be true and the document comprises of two pages.

 

Dated this xxxxxxx 2009.

 

Signed

 

 

 

 

 

fedupwithdebt

[fedupwithdebt2009]

bump

[fedupwithdebt2009]

Could someone please look at my post 75 and tell me if its any good

 

Thanks

[fedupwithdebt2009]

If I dont want the claiment to be given permission to inspect certaun doccuments what do I| put on the N265 as a reason........My reason is they could tamper with said doccuments but that may not be accepted as a va;id reason by the court

[AndyOrch]

All documents concerned with the claim should be disclosed.I have know the claimants wishing to keep confidential documents ie between the Sol and claimant confidential and not to be disclosed.Otherwise nothing else should be with held.

 

Regards

 

Andy

[fedupwithdebt2009]

Ok thanks

 

Am getting there now. Have downloaded form N265 to file bundle with.I did not realise I needed to use this form, as I have read other threads and it seemed to me that I just made a list of disclosure, anyway, will fill it in to best of my knowledge and see how we get on. I am going to disclose all doccuments and send to other side aswell as court . I have also been advised that If they dont file a bundle then I have to get form n244 (i think) and apply to have set aside. That will cost me but hey.....in for a penny.......

 

Thanks again

 

fedup

[AndyOrch]

Quite straight forward the main section is your list letters dated etc.The rest really applies more to the Claimant.

 

Regards

 

Andy

[fedupwithdebt2009]

Yes I was going to ask about the sections on the n265 that ask you or say:-

 

"I did not search for documents:- pre dating......

located elsewhere than

In catagories other than

For electronic documents

 

"I carried out a search for elecronic documents contained on or created by the following:- "

 

Also it says

 

"I did not search for the following:-

Documnets created before.......

Documents contained on or created by the claiment or the defendent

then it lists such as databases, mobile phones etc.

 

Basically....do I answer these?? If so what do I put??

 

I have all my documents like statements and letters and thats it, theres nothing else.......

 

Thanks

fedup

[AndyOrch]

Leave blank Fedup

 

regards

 

Andy

[fedupwithdebt2009]

just another quick question.....if its 2 defendents, namely me and hubby....and the case is in both our names, im defendent 2 hes defendent 1, do we have to submit 2 lots of evidence even though its gunna be the same evidence or can i just submit 1 lot and put both names on bundle??

 

Thanks

 

Fedup

[AndyOrch]

just another quick question.....if its 2 defendents, namely me and hubby....and the case is in both our names, im defendent 2 hes defendent 1, do we have to submit 2 lots of evidence even though its gunna be the same evidence or can i just submit 1 lot and put both names on bundle??

 

Thanks

 

Fedup

 

If only one Summons with both names are on then then one set only.

if 2 Summons with the same claim number then duplicate.

 

Regards

 

Andy

[fedupwithdebt2009]

Ok thanks for that....it's 2 seperate summons...1 in my name 1 in hubby's......does that mean 2 copies to mortimer clarke aswell?? If so thats gunna cost me a blummin fortune!!!

[AndyOrch]

Same claim number? same sol then singular.Alternativly one envleope

 

 

Andy

[fedupwithdebt2009]

Thanks Andy. Yes same claim number.....I will send them (sol's) one copy with one N265 with both names on, unsigned of course. If they dont comply with the order to send me what they have by 4pm on 7th May can I put a form N244 in on 8th May when court opens at 10am to have the claim struck out because of their none compliance?

[AndyOrch]

Hi fedup I would advocate a little leniency afterall the Court will at least a week;)

 

Andy

[fedupwithdebt2009]

Hi fedup I would advocate a little leniency afterall the Court will at least a week;)

 

Andy

 

Yes I suppose your right....but I have the form printed out and everything

 

Ok I'll give em 1 week to the 14th and then it's going in.......bet they would not be so lenient if it was ME who was late handing my evidence in!!!!

[AndyOrch]

Yes I suppose your right....but I have the form printed out and everything

 

Ok I'll give em 1 week to the 14th and then it's going in.......bet they would not be so lenient if it was ME who was late handing my evidence in!!!!

 

 

Very true not fair not right but at least you are showing some.

keep me updated fedup.

 

Regards

 

Andy

[fedupwithdebt2009]

Had one foot out the door this morning on way to work en phone rings...its Mortimor Clarke Sol's.....she wanted me to confirm my date of birth before she'd go any further so siad sorry am off to work love:eek:!!!...I cut her short but the upside of this is, 1, what the feck do they want and 2, how did they get my number as we are x directory!!!!!

[AndyOrch]

Hi Fedup

 

They will ring back if its important.Wouldnt they have got your details from the their Claimants?

 

Regards

 

Andy;)

[Spamalot]

If you've ever rung them they probably got your number from 'caller display' unless you witheld your number.....noticed they had my phone number on their systemfile despite me never actually giving it to them cos I was fool enough to contact by phone in the early days

[fedupwithdebt2009]

Hiya, well I've never called them anyway....but I cant remember if I put the number on the online claim form I responded to.....anyhow....I'm sat by the phone:rolleyes:, come on mortimer, make my day

[Spamalot]

:lol:

Hiya, well I've never called them anyway....but I cant remember if I put the number on the online claim form I responded to.....anyhow....I'm sat by the phone:rolleyes:, come on mortimer, make my day

Give them a great big bear hug from me and then hit them with some fuzzybobbling http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

 

 

:-o:-o

[miss trollope]

Whatever you do don't give them your date of birth or any other identifying information because then you are entering into a contract with them and giving them your consent.

 

Hugs x

[fedupwithdebt2009]

Hiya guy's and thanx

 

Have just opened post to find exactley what the reason for their call was yesterday.......they want us to sign a "Tomlin Order" saying we owe half the debt and that we will pay it back at £10 per month and the payments will be reviewed every 6 months.

 

Ok so first question is obviously "Whats a Tomlin Order" and second thing is...I am in the process of sorting out all my evidence to hand into court, and thats took me ages cos I have sooooooooo much stuff to prove we never had an overdraft for X amount of money,........

 

Any imput here would be fandabbydosy

[fedupwithdebt2009]

Hey I'm answering my own questions now lol....I've come a long way with the help of CAG:D:D

 

 

Term: Tomlin Order

1.

A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the court order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required.

These orders are recognised by Part 40.6 of the Civil Procedure Rules and generally take the form:

'The parties having agreed to the terms set out in the attached schedule

IT IS ORDERED BY CONSENT:

1. That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect

2. Liberty to apply.'

The terms of settlement are thus set out in a confidential schedule to the order