urgent help needed with AQ N149

[moh786]

I nned some help filling in a AQ N149, I have attached the POC and the defence I used and the agreement below. please will some help be out

 

thanks in advance

 

cca : http://i44.tinypic.com/5554xv.jpg

poc page 1 : http://i39.tinypic.com/245znnp.jpg

poc page 2 : http://i44.tinypic.com/2uzb1iw.jpg

default letter : http://i44.tinypic.com/2qa5wds.jpg

termination letter : http://i43.tinypic.com/ok3ih2.jpg

 

defence used : http://www.consumeractiongroup.co.uk/forum/general-debt-issues/184802-discussion-enforceability-agreements-11.html#post1985182

[tendogs]

Hi, take a look at Directions for N150 or N149 Allocation questionnaire

[creditcardmug]

Hi, just printed off a copy of N149 form, usually do n150s,

 

A Settlement tick no

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.

C Track tick yes

D none

E tick no leave the rest blank

F self explanatory

G in the box write " please see attachment section G"

H leave blank

 

 

I will post up an attachment for section G shortly

[moh786]

thanks, i'll wait for your section G

[creditcardmug]

Did you write to the solicitor requesting information under CPR 18 or 31.14?

If so did they reply, and have they sent you the app form copy and DN wich you posted up above?

[moh786]

requested infor under CPR 31.14

 

but had no reply yet.

[creditcardmug]

Ok, ive put together something, have read let me know what you think

 

Other Information

 

Section G

 

The claimant has to date supplied only a application form which does not contain the Prescribed terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) on which to base its case, it will be necessary for the claimant to produce a copy of the actual signed agreement itself conforming to Act and its regulations, The original document must be brought to the hearing

 

The defendant also requires 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.

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 small claims 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

[moh786]

thank you, thats sound great, do i also send a draft order for directions.

[creditcardmug]

No i dont think you do with the N149, as its small claims track, and standard directions will apply.

 

If you hand deliver it to the court, they will give you a receipt if you ask, also ask whether the other side have filed their AQ, if so ask for a photocopy.

 

Dont bother sending a copy of yours to the other side

[moh786]

Thank you for your help, this is the first time i'm doing this stuff

[creditcardmug]

I know its nightmare 1st time...weve all been there:)

[moh786]

I need some advice on CPR requests. I made a CPR 31 request to the solicitors and gave them 7 days to reply by but have had no response what is the next step that i need to take. I have filled in an AQ N149 and sent it to the court yesterday.

 

Can some please advise.

 

thanks

[creditcardmug]

They rarely reply to them, i suggest you wait now for the courts directions

[moh786]

Just had a letter from the solictors firm dealing with the other party and they want to settle out of court. They have said they are will to accept a full and final settlement of a third of what was on cc.

 

i was thinking of accepting this and now and it will be over then. what would you do, just need advice or suggestion.

[creditcardmug]

If you feel happy with the offer, then take it, but you need to make sure its full and final, and that you wont be paying any court costs, and that any negative markers on your credit file are removed, and that no further claim will be made in the future.

 

Have a read around the forums to find out how to do this correctly, i haven't done it myself so id rather not advise, keep bumping the thread for more comments

[I've got no money]

They rarely reply to them, i suggest you wait now for the courts directions[/quote

 

I'm not sure that I would agree with that...

 

What I suggest is that you do a chasing letter - attach the original 31.14 request - tell them they have 7 days to reply or you will apply to the court for an Order requiring compliance AND also your costs.

 

If you don't get a reply within 7 days you make an application to the court on an N244 for an Order that they comply within 7 days and pay your costs.

 

The reason that creditors don't reply to CPR 31.14 requests is the fact that defendants don't make them