Black Horse Loan & PPI DN's (case now in Court)

[mkb]

OK - now getting officially scared as N150 has just been dropped through my letterbox

 

No response from **** to CPR nor to last letter either so need some help with this please, pretty please

 

Its got to be with my local court by 1st week of Nov.

[andie_303]

I'm not completely up on the court process but will try my best.

 

Have you filed your defence?

Have you got to AQ stage?

Is this small claims or fast track?

[mkb]

Hiya

 

It'll be fast track cos of the amount of claim.

 

AQ was what I got today

 

Yes, embarrased defence cos no response to CPR.

[andie_303]

oh Fast Track - I have zero experience of that so not really the best person to help.

 

I always found if I was stuck I called the court and asked them.

 

It might be worth ringing them and saying you have requested information under CPR to help with AQ and formal defence but **** have ignored your request and you are not sure what to do now.

[andie_303]

perhaps ask JonCris to pop in to help - he is very good on all things legal wise

[mkb]

Thanks Andie - will wait for a couple of days before sending out a distress call cos I'm sure someone will be along soon.....

[AndyOrch]

Hi Mkb

 

What in particular are you struggling with on the N150?

 

Regards

Andy;)

[mkb]

Hi Andy

 

Erm - pretty much all of it!

 

A. Settlement - Y/N - am assuming No since they have ignored all my other negotiation letters but then I have to give reasons why not.

 

B. No

 

C. Pre-action Protocols - ?

 

D. CMI - what amount of claim in dispute. All of it?

Applications - ? Should I be making any?

Witnesses - do I put me down?

Experts - no.

Track - Fast track as over £5?

 

E. Trial time - how long?

 

F. Proposed directions - ???

 

G. N/A

 

H. N/A as defendant?

 

I. Other info - ????

 

Please will you advise?

 

Thanks

[AndyOrch]

Edit to suit MKB but thats the general format

 

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:

[mkb]

Thanks. I think I've understood most of that

 

In the Directions order, is it reasonable to ask for a copy of the initial proof of income since that shows that I was already in receipt of disability living allowance thereby proving that the PPI sold to me was wholly inappropriate?

[AndyOrch]

Yes what ever helps you in the case Mkb

 

 

Regards

 

Andy

[mkb]

Cheers mate

 

Here's hoping it doesn't turn out like Caspers!

[AndyOrch]

Not if you follow court procedure, if not sure ask!!!!!

 

 

Regards

 

Andy;)

[mkb]

Does this sound daft?

 

In draft directions:

 

Claimant to provide

 

• Copies of Defendants Income disclosures at commencement of Credit Agreement
  
• Copies of pre-contract proof of income of the defendant
  

or does it just read as being one & the same thing?

--------------------------------------------------------------------------------------------------

 

 

SAR revealed that I had proved my DLA payments so I want that as this is crucial to my case.

Edited October 27, 2009 by mkb

[AndyOrch]

You could ask for a copy of the precontractual Application/Agreement see how your credit and PPI was approved.

 

 

Regards

 

Andy

[spookey]

Hi MKB, sorry can,t advise but i,m behind you all the way

Ok, i,m stupid remember, lol, .... if they have offered you settlement in regards to mis sold loan insurance then surely its admitting it was mis sold and the court claim includes that so how can it now stand up in court ??? and wasnt a recent case won with mis sold ppi?

[mkb]

Exactly what I will argue if **** don't withdraw

 

Yeah, MNBA lost out on £8k but agreement was unenforceable as well as mis-sold PPI so slightly different to both of ours although it can be 'persuasive'

[spookey]

Exactly what I will argue if **** don't withdraw

 

Yeah, MNBA lost out on £8k but agreement was unenforceable as well as mis-sold PPI so slightly different to both of ours although it can be 'persuasive'

 

mmm, me thinks you have a good case, better than mine too lol.

Fingers crossed for you hun x

[mkb]

Not heard from anyone since submitting my AQ to the court. I posted a copy to **** out of politeness but no such courtesy from them.

 

I rang the court to see if it had been submitted & they said it had been received that day (over a week late).

 

Should I get a copy of their AQ?

[AndyOrch]

Not heard from anyone since submitting my AQ to the court. I posted a copy to **** out of politeness but no such courtesy from them.

 

I rang the court to see if it had been submitted & they said it had been received that day (over a week late).

 

Should I get a copy of their AQ?

 

Always!!!

 

 

 

Andy

[mkb]

So Black Horse just being their usual unhelpful selves then. Wonder why I'm not surprised

[mkb]

Still no AQ from t'other side so just phoned court again & asked for update. They said that it was due to be looked at & that I should hear something next week.

 

Couldn't help but point out that I had sent them a copy of my AQ out of courtesy but that they didn't see fit to reciprocate

[mkb]

Grrrr - letter from court saying **** have now until 14th to correctly file their AQ

 

They didn't fill in the time estimate!

 

Considering how many of these they must fill every week, surely it would be reasonable for them to know how to do it properly

 

I STILL haven't been supplied with a copy & my local court said that they don't copy them so I guess I won't be getting one then

[Fedupandfightingback]

mkb, if you ask the court for a copy of the opposition's , then they should oblige.

[AndyOrch]

"I STILL haven't been supplied with a copy & my local court said that they don't copy them so I guess I won't be getting one then"

 

Some do, some dont, some charge, some dont, best ring /write **** and request a copy they normally reciprocate.

 

Andy