AQ and Draft Order for Directions Help Please

[Trudy B]

Hi all

 

Just competing the AQ and Draft Order Directions to send off to the Court and have a number of questions, I have been trying to use other threads and stickies for assistance – thanks to all!

 

1) In my case the DCA has failed to respond at all to the CPR 31.14 which was sent to them upon receipt of the original court forms. I don’t suppose this is unusual. I sent in a defence confirming this (thanks to you guys) and received nothing else, they have just proceeded forward to the AQ stage to try and push this case through on a wing and a prayer.

 

2) in their AQ the DCA and their sols they have said “yes” to a one month stay but I see no reason for agreeing to this – is this OK?

 

3) All the DCA supplied previously was an application form, without various prescribed terms and also not signed anywhere by the OC

 

4) The DN is also non-compliant, vague POC’s and trying to claim S69 interest

 

5) Concerning s136 of the Law of Property Act 1925, I am told they would have to produce a Deed of Assignment to prove their right to the agreement and it has been suggested that I ask for it in my draft directions – does anyone have the right legal wording for this please?

 

6) I was also told that I should have been sent a Notice of Assignment by Special Delivery (rather than registered post) under s196 and that I should ask for proof of this too – legal proper wording for this please if possible if anyone can help?

 

7) I have also been told that I should also quote CPR practice Direction 16 para 7.3 which says that the original agreement should be produced in court – where and how do I put this? In the draft order directions or in the accompanying letter?

 

8. Also as I am defending is it me that has to pay the fee?

 

Any help from anyone please greatly appreciated. I so want to get this right!

 

T

[the_shadow]

Hi all

 

Just competing the AQ and Draft Order Directions to send off to the Court and have a number of questions, I have been trying to use other threads and stickies for assistance – thanks to all!

 

8. Also as I am defending is it me that has to pay the fee?

Nope, its the claimant that pays

 

The stickies on answering the N149 & N150 AQ give a response to the month stay to resolve outside of court. No doubt the other side are trying to show they are complying with the overriding objective of saving court costs and time.. utter piffle, if they havent replied to your CPR then they are hardly likely to do anything in the months stay.

 

The other questions should be answered in your defence which you cant do unless you have the evidence you require. I'm guessing you've submitted a holding defence, did you put in there about your CPR request?

 

If you have then I would do nothing except send the AQ and draft directions back.

 

The questions in relation to s69 interest etc etc need to be answered in the defence when you have the evidence you require.

 

Just my opinion.

 

S.

[AndyOrch]

Hi all

 

Just competing the AQ and Draft Order Directions to send off to the Court and have a number of questions, I have been trying to use other threads and stickies for assistance – thanks to all!

 

1) In my case the DCA has failed to respond at all to the CPR 31.14 which was sent to them upon receipt of the original court forms. I don’t suppose this is unusual. I sent in a defence confirming this (thanks to you guys) and received nothing else, they have just proceeded forward to the AQ stage to try and push this case through on a wing and a prayer.

 

2) in their AQ the DCA and their sols they have said “yes” to a one month stay but I see no reason for agreeing to this – is this OK? Normal

 

3) All the DCA supplied previously was an application form, without various prescribed terms and also not signed anywhere by the OC Going to struggle then

 

4) The DN is also non-compliant, vague POC’s and trying to claim S69 interest You have refuted this in your Defence?

 

5) Concerning s136 of the Law of Property Act 1925, I am told they would have to produce a Deed of Assignment to prove their right to the agreement and it has been suggested that I ask for it in my draft directions – does anyone have the right legal wording for this please?Just request it along with your Directions

 

6) I was also told that I should have been sent a Notice of Assignment by Special Delivery (rather than registered post) under s196 and that I should ask for proof of this too – legal proper wording for this please if possible if anyone can help?Again request it in your Directions

 

7) I have also been told that I should also quote CPR practice Direction 16 para 7.3 which says that the original agreement should be produced in court – where and how do I put this? In the draft order directions or in the accompanying letter? Directions

 

8. Also as I am defending is it me that has to pay the fee? No the Claimant

 

Any help from anyone please greatly appreciated. I so want to get this right!

 

T

 

Hi Trudy

 

Who is the DCA and the Sols acting?

 

Regards

 

Andy

[Trudy B]

Hi Mr Shadow and Andyorch

 

 

Yes, Mr S, holding defence popped in courtesy of your good self (Thank you ) and other helpers! The whole lot is indeed utter piffle verging on complete cods!!

 

Andyorch ….. excellent work, just what I needed!

 

T

[Trudy B]

just checking a few more things on the AQ;-

 

1) section D Case management - what amount of the claim is in dispute - do I just put "all of it"?

 

2) track - it has been indicated that I tick Small claims - then it asks me to explain reasons if this is not the normal track. this would not nornally go under small claims so what so i put here?

 

3) what shall i put for the estimated time of trial or final hearing?

 

many thanks

 

T

 

Also FYI I think there may have been a reprint of the N150 (?) as some of the sections referred to on the stickies / other threads have been changed on the forms - eg section G is now costs and section H is fees, section I is now Other Information

[AndyOrch]

just checking a few more things on the AQ;-

 

1) section D Case management - what amount of the claim is in dispute - do I just put "all of it"? Claim amount not costs

 

2) track - it has been indicated that I tick Small claims - then it asks me to explain reasons if this is not the normal track. this would not nornally go under small claims so what so i put here? SCT upto 5K Fast track £5k to £15K Multi Track £5K upwards and very complex case

 

3) what shall i put for the estimated time of trial or final hearing?3 hours

 

many thanks

 

T

 

Also FYI I think there may have been a reprint of the N150 (?) as some of the sections referred to on the stickies / other threads have been changed on the forms - eg section G is now costs and section H is fees, section I is now Other Information

We are aware Trudy

Regards

Andy

[Trudy B]

Hi Andy

 

reagrding :

 

2) track - it has been indicated that I tick Small claims - then it asks me to explain reasons if this is not the normal track. this would not nornally go under small claims so what so i put here? SCT upto 5K Fast track £5k to £15K Multi Track £5K upwards and very complex case

 

the template from pt2537's stickie

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

says

 

"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"

 

This particular case is over £5K

 

Therefore do I put the above in for my additional information to accompany the AQ and Draft Order Directions or shall this para leave it out altogther?

 

T

[AndyOrch]

Hi Trudy

If the case is over 5K tick Fast Track allow 4 hours.Attach your Directions and any other remarks in I Other,make 3 copies Court, Claimants Sols, (unsigned) and retain one for your file.Job done.

 

Regards

 

Andy

[Trudy B]

Hello everyone

 

Quick update

 

AQ went in with draft accompanying letter and Order for Directions and result was a one month stay was given. Still received no reply to the CPR 31.14 from DCA’s sols so sent back another AQ by the stated date and the upshot is a Case Management Conference.

 

What’s that all about then? Why is the court choosing to completely ignore the fact that the DCA’s sols are completely ignoring the CPR31.14?

 

Are they effectively allowing the case to go ahead without the DCA's sols providing anyone with any proof of anything?

 

Any ideas anyone?

 

T

[supasnooper]

I think you'll find the Case Management Conference will be to your advantage.

 

I would advise you do attend, because at this hearing, the Judge will order what documents must be disclosed by both sides and issue a timetable as to how the case will progress.

So, as you can see, the Court are not ignoring the fact of your CPR 31.14 request.

 

You'll also get a heads up as to how the Judge views both sides of the case.

[Trudy B]

Thanks Supasnooper – that’s great!

 

I have copies of the recorded delivery documents and their signatures etc as proof of received it which I can show the judge.

 

I also sent in the court with everything twice with the AQ including the Draft Order Directions requesting documents be produced or the case be struck out – this is what the judge is ignoring.

 

Any advice re that?

 

T

[supasnooper]

I don't think the Judge has ignored anything.

 

As it is the claimant who pays the Court Fees, they are clearly entitled to present their case.

 

The Judge has set the CMC, I suspect, in order to get the claimant to disclose the docs you've requested.

 

If they don't disclose, then he may well folow your directions and order the case to be struck out.

[Trudy B]

Thank you!