C/L Finance court claim form received today

[maddiemay]

Ok thanks Andy

[kurvaface]

Go get em:)

[maddiemay]

Defence submitted today on-line, I used a previously posted one from here, which was checked and deemed ok by those that are in the know. I adapted it to suit my particulars. I tried really hard to look up all the sections etc to make sure they were applicable to me, so fingers crossed I dont look a complete fool, who's copied it from somewhere !! who cares anyway, when you consider the trash they send us, and they're suposed to know whats what. Thanks All, I'm away from next tues for two weeks, should I tell anyone in case something needs to be submitted whilst I'm away? if so who

[kurvaface]

If you think anything could happen while you are away, i would ring the court to let them know.

[maddiemay]

ok will do, and thanks for speedy response:D

[maddiemay]

I have to fill in and return AQ by next Monday, have tried not to bother anyone as I'm sure the answers are here somewhere, but to play safe felt it was best to ask.

Original debt HSBC Credit card, have no idea how much was outstanding, but the claim via Howard and co is for £7989.43, I was made redundant then became ill, over the last 3 yrs I have worked really hard to get better and Iam now begining to see I may actually be able to return to work, during this time though I was unable to pay any of my debts and still cant at the moment, I have requested cca's from all but 1 creditor, which is the above now taking action. All the others seem to be leaving me alone for now at least until they can produce the agreements (they are all over 5 yrs so unlikely, but never say never.

Anyway sorry for the ramble

 

Credit card taken out around 2003/03/04

 

Regular payments made until 2006/07.

 

I stopped making payments to card and lost my job, HSBC removed my overdraft without notice and cancelled my debit card (believe me this caused me real distress)

In desperation and ignorance, I panicked and offered to pay £50 pm to their solicitors D&G for the credit card debt if they didnt close my bank

account, made payments but was forever getting calls saying I'd not paid it when I had, seems I was paying it to one bunch who then passed it onto another bunch eventually, so I have no idea how many payments I made or what was owing.

My husband was not getting a lot of work in towards the end of 2008 and

was unable to pay his own debt let alone mine, so payments stopped and I completely forgot about it, I know that sounds odd, but Im not always of sound mind so please dont condem me.

I was abruptly reminded on 6th July 09 when I received a claim form from Northampton saying CL Finance now own the debt. I did some serious reasearch on here and sent a CPR 18 request to Howard Cohan (delivered 13th July) sent off the AOS and an embarrased defence early as I was going to be away when it became due for filing, I kind of knew Cohans bunch wouldnt comply anyway, nothing at all from them, not even the usual we dont have to letter, they seem to send to others Ive seen on here.

Received a letter from Northampton on 1st Aug saying defence received and claimant has 28 days to contact the court.

10th Sept I received the AQ to be returned by 28th,has been transfered to my local court, phew

Im a bit worried about getting myself all tied up and would be grateful of step by step answers to fill in on the AQ asap.

 

Have had one hell of a day today, waiting for baliff to remove goods for a debt of my husbands, thanks to some great CAG members I got through it and they didnt turn up anyway, so thought I'd tackle this one whilst Im in a tackling mood. I was up until 3am last night, gening up on bailiffs so if I disapear please dont abandon me it just means Iam so tired Ive gone to bed. I will check back in tomorrow as soon as Im back from my Pathway to work interview, will stay around for a short while yet so if anyone needs any other info in order to help me please ask.

Many thanks

[maddiemay]

I mean CPR 31.14. oops

[AndyOrch]

Which AQ Maddie N149 or N150?

 

Regards

 

Andy

[maddiemay]

N150

[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

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

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? £XXXXXX (amount less court fee/sol fee

 

Applications

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

 

Witnesses

 

Xx xxxxx All the facts in the case (yourself)

 

ExpertsNo

 

TrackFast 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? 3 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

 

 

 

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.

 

 

Regards

 

Andy:wink:

[maddiemay]

Brilliant, do I send copies to court and claimant ?? will get it done tomorrow, but for now thank you very very much, I can sleep now.

[AndyOrch]

Brilliant, do I send copies to court and claimant ?? will get it done tomorrow, but for now thank you very very much, I can sleep now.

 

3 copies one to Court signed one to their Sol unsigned (courtasy and they should send you theirs) and retain one for your file.

 

I wish you well with your case

 

Regards

 

Andy

[maddiemay]

Thanks again Andy

 

Maddie

[maddiemay]

My form N150 does'nt seem to corespond with the answers suggested I write, can you advise asap, really need to take it to court tomorrow

Thanks

[stleonards]

What doesn't correspond Maddie?

[maddiemay]

Mine reads

A Settlement Do you wish there to be a one month stay to attempt to settle the claim, either by informal discussion or by alternative dispute resolution.

 

Above posted guide says tick yes

 

Reasons

 

No space for my answer

 

I think everything else is word for word, am I just being over cautious

M

[stleonards]

I personally would tick yes, as that's the advice you have been given by Andy and just check back here before you hand it in just to be sure.

 

No such thing as over cautious, better to get it right.

[maddiemay]

Bless you, hopefully someone can just confirm for me, I'm not doubting you Andy, I'm just one of those ladies that need instructions in idiot form or I go into panic mode.

Maddie

[maddiemay]

One other thing, do I send a copy of the draft order to cl finance as well as copy of AQ.

[maddiemay]

Have gone with Andy anyway, I'm sure its right. All ready to be taken to court office in the morning.

Thanks everyone

[stleonards]

One other thing, do I send a copy of the draft order to cl finance as well as copy of AQ.

 

Yes, send a copy of the Draft Order with the unsigned copy of the AQ to them.

[maddiemay]

Had already signed it, but as I did, that thought crossed my mind (they'd now have my signiture) I will block it out when copying.

Thanks Stleonards, really grateful to you:)

[maddiemay]

Having followed the above advice, I have recently received a letter from the court saying claimant has until 5th November to supply documents or the case will be struck out....fingers crossed, do I need to do anything at this stage or just wait until 5th, phone court on 6th and see whats what?

[casperlady]

Hi maddiemay, I wish I had seen this thread when I was struggling with mine, I got mine wrong and now have a hearing to decide the track! Sounds like we have a similar story - redundancy then illness then being taken to court by Cohens!

 

I think you just need to wait now until the 5th as the onus is on them. I'm sure someone will correct me if I'm wrong. Fingers crossed for you.

[maddiemay]

Oh what a shame:oops: I will keep you posted, good luck and my fingers are crossed for you too.

Maddie