MBNA/Optima Court action

[AndyOrch]

N149 or N150?

 

 

 

Andy

[MisterV]

N150 Andy

[AndyOrch]

Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £xxxxx

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case

 

Experts No

 

Track Fast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

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.

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES/NO

 

IE. Xxxx xxxxx 1st – 14th October Inclusive.

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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

 

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 this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

 

In the ************* County Court

Claim number **********

 

 

Between

 

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant.
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Edit to suit post if unsure

Regards

Andy

[MisterV]

I have put that i am willing to negotiate and have asked for a 1 month stay.

Ticked - No - to court arranging mediation im happy to do that myself. Wondering now what i write in the box below that, do i say im going to contact the claimants solicitors direct or is it best to get the court involved?

 

Thanks Andy, What is the Draft order for directions, and what do i do with that? Sorry if im asking dumb questions.

[AndyOrch]

Tick settlement yes 1 month stay nothing more

 

Directions attach them to the AQ see F on the AQ This is what you want the Claimant disclose and the DJ will forward them(thats if you want to issue direction) otherwse tick no to F

 

Prepare 3 copies One for Court signed, one for the Claimants Sols unsigned and retain one set for your file send recorded del retain reciept.

 

Regards

 

Andy

[MisterV]

Are there any advantages/disadvantages to issuing direction?

 

 

How will the settlement negotiation start? By the court, me, or claimants solicitors?

[AndyOrch]

Are there any advantages/disadvantages to issuing direction?

 

No disadvantages you request and if they cant provide you win they lose

 

How will the settlement negotiation start? By the court, me, or claimants solicitors?

 

Between yourself and the Sols but there is a long way to go yet and they may slip up and you may not wish to settle.

 

Andy

[MisterV]

Thanks Andy, really appreciate your help

 

Briefly, what will happen next and what are the timescales?

 

One last question - do i sign the draft order for directions?

[AndyOrch]

One last question - do i sign the draft order for directions?

 

If you want to but dosent matter either way

 

Regards

 

Andy

[MisterV]

Do i sit back and wait now?

[MisterV]

Have received back a copy of the solicitors Allocation Questionaire and draft order, wondering what my next step is and what some of their comments mean. Grateful for help please.

[AndyOrch]

Have received back a copy of the solicitors Allocation Questionaire and draft order, wondering what my next step is and what some of their comments mean. Grateful for help please.

 

Will need to know the contents before we can advise.

 

Regards

 

Andy

[MisterV]

They have shown a willingness to settle before a hearing but ticked - no - to a one month stay.

 

Also have ticked "yes" to "Do you intend to make any applications in the near future" and written summary judgment underneath.

[AndyOrch]

And the Draft Order states?

[MisterV]

1. Disclosure and Inspection.

1.1 Each party to give standard disclosure by list by (date + 4 weeks)

1.2 Any request for inspection or copies is to be made by (date + 6

weeks)

 

2. Witness of fact

Statement of witnesses of fact to be exchanged simultaneously by (date + 9 weeks)

 

3. Listing and trial

 

3.1 The parties shall Pre-Trial checklists by (date + 16 weeks)

 

3.2 By (date + 16 weeks) the defendant shall file and serve on the claimant and file at court the dates upon which they are available for trial within the trial period and the claimants shall by (date + 17 weeks ) notify the civil listing officer of the agreed dates upon which both parties are available. If either or both parties are in default of the above the court will list the case for hearing in the trial window on the available information without further delay.

 

3.3 The claimant is to file a case summary of not more than 250 words, together with the trial bundle not later than 7 days before trial.

 

3.4 The trial will be listed in the trial wndow *to* with a time estimate of 4 hours.

 

4 Costs

 

Costs in relation to this order be costs in the case.

[AndyOrch]

Ok thats the usual,Firstly you will have to download the N265 N265 (opens in new window) You can complete this on screen then print off.Copy to their Sols (after you have recieved theirs) and retain a copy for your file.

Leave this to the death if you dont recieve theirs by said date. (1.1 &1.2)

 

Regards

 

Andy

[MisterV]

Thanks Andy, what is the said date/where should i be looking for it?

 

Do nothing else until then?

[AndyOrch]

1.1 Each party to give standard disclosure by list by (date + 4 weeks)

1.2 Any request for inspection or copies is to be made by (date + 6

weeks)

 

No not much else to do but keep an eye open for their threatened Application of SJ in the meantime

 

Andy

[MisterV]

When/how will the "settle before claim hearing" happen?

 

How long could all this go on for before a court case happens? (Assuming it gets that far?)

 

Grateful for your help

 

1.1 Each party to give standard disclosure by list by (date + 4 weeks)

1.2 Any request for inspection or copies is to be made by (date + 6

weeks)

 

No not much else to do but keep an eye open for their threatened Application of SJ in the meantime. Will they have to notify me of this?

[AndyOrch]

When/how will the "settle before claim hearing" happen? Would depend on who instigates and how desperate each party are willing to settle without trial there is no definative answer to the above

 

How long could all this go on for before a court case happens? (Assuming it gets that far?) mediation can go on to the death depend what you throw at them in the build up ie Disclosure list Witness Statements

 

Grateful for your help

 

Andy

Edited September 7, 2009 by Andyorch

[MisterV]

Thank you andy , may need help with the N265, lets see how things go.

Steep learning curves here.

[AndyOrch]

Thank you andy , may need help with the N265, lets see how things go.

Steep learning curves here.

 

No problem keep an eye on the dates you requested in your Directions and post when you recieve your Allocation Notice.

 

Andy

[MisterV]

Is the N265 the allocation notice?

[AndyOrch]

Is the N265 the allocation notice?

 

No thats the Disclosure by list the Allocation Notice will be recieved once the DJ as seen both AQs and Directions and allocate the case to track with both parties Proposed Directions taken into consideration.

 

 

Andy

[MisterV]

Hi Andy,

 

Hope your around for a bit of advice. Ive heard nothing since you last helped me. Just keping an eye on dates.

Is (date + 4 weeks) 4 weeks from when i sent back my AQ back?

(which was sept 1)

As ive heard nothing, should i start filling in the N265?

How do i make sure the havent gone for summary judgment?