Lloyds claimform - OH's credit-token, Lloyds Asset Card.Here we go again

[shirei12]

Hi CCM,Its more

[creditcardmug]

Ok, standby

[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 "This claim is not covered by any approved protocol"

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) file and serve 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 the original document must be brought to the hearing

© 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.

(d) any other documents on which the claimant will rely

 

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 file and serve an 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]

In the directions, fill in the xxxxs, dont fill in the dates in paras 1 and 4, the judge will do that

 

Print off the last 2 posts, and attach to the AQ

 

Send it to the court by SD,or take in to your local court, if it has been transferred, don't bother sending a copy to the other side

[shirei12]

You are a true Star CCM I cant thank you enough.One question though this section" 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) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim"

Would the date be 2 weeks from 6th July when the AQ is due?

[shirei12]

You beat me to it,must have posted while I was reading.Scrub my last post

[shirei12]

An update,and a plead for help

Yesterday I rang the court for copy of claimants AQ which they are putting in the post.

Today have received :

Notice of Case Management Conference,hearing by telephone 30 minutes allocated time I have no idea how to deal with that.

General form of Judgement or Order which I can upload if wished (minus personal of course) Basically giving Claimant until 27th July to file and serve,executed agreement,default notice with proof of serving,full and complete statement of account including charges. All originals must be brought to the hearing.

Also any documents on which the claimant will rely.

 

It is also ordered on a seperate sheet:

Unless the Claimant do file estimate of costs(as required by CPR PD 43 para 6) by 12 noon on 27th July their statements of case shall be automatically struck out.

Can anyone comment on this???

[AndyOrch]

Hi Shirei

 

Ok so all hinges on the 27th July (mark it in your diary and keep checking with the Court to see if they have complied)

 

Dont let the CMC concern you, just attend the hearing and fingers crossed they have failed to comply with the above order.If they have failed go for strike out.

 

Regards

 

Andy

[shirei12]

Hi Andy,Thanks for your help again. The hearing isnt until XX August.If they dont comply will it automatically be struck out as Judge has said. This is the wording:

IT IS ORDERED THAT

Unless the Claimant do file estimate of costs (as required by CPR PD 43 para 6) by 12:00 noon on XXth July 2009 their statements of case shall be automatically struck out.

This Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. Any party affected by this order has a right to apply to set it aside, vary, or stay it, by application made not more than 7 days after this order was served on the party making the application.

Edited November 23, 2009 by shirei12

[AndyOrch]

As it says on the Tin Shirei;) Just make sure you push the order through with the DJ in the event of noncomplience,dont allow them any leaway.It may be handy to have your wasted costs to hand also.

 

Regards

 

Andy

Edited July 21, 2009 by Andyorch
addition

[shirei12]

Have got a copy of claimants statement of costs over £3000.00 surely that cant be right?

[shirei12]

The claimant is applying pursuant to CPR 3.3(5) to set aside all of what was ordered by the Judge.They have admitted they do not hold an original agreement,dont have a copy of DN and proof of service is not available.

I also got a copy of their AQ today from the court,apparentley we have no real prospect of successfully defending and their client has instructed them to apply for summary judgement.Request that the court take consideration before any order is made.

But the judge did make the order

There are a lot of dates for standard disclosure,witness statements,skeleton arguement,pre trial checklist/listing questionaires.Looks like I am going to need some major help with this

[Dorabell]

You and me both shirei:)

[shirei12]

This is what they are relying on for non compliance of judges order to produce original CCA at hearing.

Section 8 of the Civil Evidence Act 1995.

Proof of statements contained in documents

(1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved—

(a) by the production of that document, or

(b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it,

authenticated in such manner as the court may approve.

(2) It is immaterial for this purpose how many removes there are between a copy and the original.

 

Does this mean they WONT have to produce original agreement, or will it be the Judges decision??

[shirei12]

You and me both shirei:)

Looks like we are on the same timescales Dorabell

[AndyOrch]

Shirei

 

Check Doras thread to save me repeating myself

 

 

Regards

 

Andy

[shirei12]

Shirei

 

Check Doras thread to save me repeating myself

 

 

Regards

 

Andy

Hi Andy, I have checked Doras thread, but I dont have any of that from the courts,just from ****.

[AndyOrch]

Is it marked Notice of Allocation (N154) fast track Does it have your Local County Court seal stamped on it?

 

 

Andy

[shirei12]

Hi Andy,Thanks for your help again. The hearing isnt until 14th August.If they dont comply will it automatically be struck out as Judge has said. This is the wording:

IT IS ORDERED THAT

Unless the Claimant do file estimate of costs (as required by CPR PD 43 para 6) by 12:00 noon on 27th July 2009 their statements of case shall be automatically struck out.

This Court has made this order on its own initiative pursuant to Rule 3.3 of the Civil Procedure Rules 1998. Any party affected by this order has a right to apply to set it aside, vary, or stay it, by application made not more than 7 days after this order was served on the party making the application.

 

Nothing like that at all, this is there application to vary the judges orders,also sent me a statement of their costs which they are filing with the court as ordered.

[AndyOrch]

Oh I see you are a little further on tha Dora, with you posting to her thread I undertood you had recieved the same.

 

Ok well they have complied from your post and have recieved the statement.So you proceed I will take a look over were you are upto Shirei shortly

 

Regards

 

Andy

[shirei12]

Thankyou it is very much appreciated, as I have no idea where to go from here.

[AndyOrch]

Shirei

 

Have you never recieved a Notice of Allocation? What track are we on with your claim? If not request a copy from your CC you will need it to make sense of all this because it will contain the original timeframe/Orders that your self and the Claimant must adhere to.Without it the following makes no sense because we dont know what they wish to set a side.

 

Ok with regards to the Claimants. The claimant is applying pursuant to CPR 3.3(5) to set aside all of what was ordered by the Judge.They have admitted they do not hold an original agreement,dont have a copy of DN and proof of service is not available:confused:

 

You will have to make application to oppose there application but let the Courts Direct you not ****.

 

Regards

 

Andy

[shirei12]

No Andy no Notice of Allocation.Its fast track. After sending my AQ I received a notice of Case Management with notice of telephone hearing and General order of judgement ordering claimant to file estimate of costs. Also Claimant to file and serve true copies of CCA,DN and evidence of service. Claimants have sent me what they have produced to the courts.ie:Statement of costs,draft orders for direction.

They wish to set aside producing original agreement and default notice.

Edited July 24, 2009 by shirei12
addition