Allocation questionnaire

[postggj]

Consumer Dude

 

Sent Pm

 

All Becomes Clear I Hope

[the_shadow]

IF payments are never going to get paid off (I have'nt even tried to work out how many years it would take) Why would they even consider it ?

 

At a guess... and this is just a guess...

 

You agree to pay £5 and are now bound by the consent order.... they somehow engineer it that you miss a payment, take you straight back to court say you broken the consent order and seek judgment against you as the debt was obviously yours otherwise you wouldnt have agreed to the repayments? Judge could be swayed more by the fact you agreed to repaying it so dont deny the debt.

 

Just a guess and possibly/probably totally wrong but I'm a cynic by nature.

 

S.

[PriorityOne]

Personally, I wouldn't touch this with a barge pole. Have you made a CCA request? For the record I paid £5 amonth on a debt of 52K.... which was a joing liability, ex-repo debt that was slashed in half when I said I wasn't prepared to take it all on myself.

 

It never went to court and I never signed anything.... you shouldn't need to. It's strange that you are being asked to do this when in theory, they could go for a CCJ instead. The fact that it's a debt collector suggests that they may not have any legal right to any payment from you at all.... which may be why they want to secure a signature document from you now.

 

Be careful....

Edited October 4, 2009 by PriorityOne
typo

[Consumer dude]

Personally, I wouldn't touch this with a barge pole. Have you made a CCA request? For the record I paid £5 amonth on a debt of 52K.... which was a joing liability, ex-repo debt that was slashed in half when I sad I wasn't prepared to take it all on myself.

 

It never went to court and I never signed anything.... you shouldn't need to. It's strange that you are being asked to do this when in theory, they could go for a CCJ instead. The fact that it's a debt collector suggests that they may not have any legal right to any payment from you at all.... which may be why they want to secure a signature document from you now.

 

Be careful....

 

 

It does seem rather strange. I am waiting on breakdown of statements first and I am considering putting a mis selling claim on the PPI.

[PriorityOne]

It was assigned from the original lender, however am waiting on the paper work being sent to confirm they have the right.

 

 

From who to who? Are you saying that you've already made a CCA request on this?

[Consumer dude]

From who to who? Are you saying that you've already made a CCA request on this?

 

 

Yes, have already received agreement. have made request for breakdown of statements under CPR. If I make claim that PPI was mis-sold should that be to original lender rather than to whom its with now as its been assigned. The PPI was added too the loan and then intrest was added to the total amount. Could it be argued that this is an unfair terms in contract ?

[PriorityOne]

Have you had the supposed Agreement checked on here to see if it really does meet the criteria for enforcement.... or are you just believing what they've told you?

 

If you're going after charges or PPI, then a Subject Access Request (by rec. delivery) is what you need to send to the original creditor.... not a CPR. A CPR is only used when a case is going to court and you need info. from the other side. You need to decide however, whether you're going for PPI/charges on the basis that the Agreement is enforceable or have the Agreement checked out first.

 

Personally, I would have the Agreement checked out on here first before you make any decisions either way because if it is unenforceable.... you can then tell these cretins to do one.

 

[Consumer dude]

I am trying to understand and fill in an allocation questionare sent by the court. I need as much advice as possible about how to fill it in as possible. What has happen so far is the following. It is regarding a loan that dates back pre 2007. I filled in a defence on behalf of my OH whose loan it is. In that defence it was complained that no default notice was received and would be grateful if it could be confirmed when this was served. There was issues (and still is regarding the assignment from the original lender to the company making the claim in that no paper work appears to have been served. PPI was also added to the loan and intrest was then added to the total amount which OH claims she was not informed of. What needs to be done at this stage ?? as I am looking at a form that has a deadline and I would like to get it right. Hope some one can help regarding this issue. I have until October 5th to return the form.. Also, does having a allocation questionare sent mean that there will be a hearing or does it depend on if the claimant responds as well. Would they have been sent the same form I wonder ? I hope some one can help.. Thank you..

 

 

It is now the end of october. I had received confirmation from the court on 21st of August to acknowledge receipt of defence. Would the court have informed the claimant straight away of the defence as I am aware that on receipt of a copy the claimant must respond within 28 days if he wishes to proceed, otherwise the claim will be stayed. If not the only action opened to the claimant will be to apply to a judge for a order lifting the stay. I assume now the claim has been stayed. In layman's term's does what does this actually mean ?

[Consumer dude]

Bump..

[Consumer dude]

It is now the end of october. I had received confirmation from the court on 21st of August to acknowledge receipt of defence. Would the court have informed the claimant straight away of the defence as I am aware that on receipt of a copy the claimant must respond within 28 days if he wishes to proceed, otherwise the claim will be stayed. If not the only action opened to the claimant will be to apply to a judge for a order lifting the stay. I assume now the claim has been stayed. In layman's term's does what does this actually mean ?

 

 

Does any one know what is likely to happen next..

[42man]

Have you rung the court to find out if they have filed anything else as yet ?

[Consumer dude]

Not phoned the court, I did have a conversation with the claimants solictors and they was talking about a consent form that my other half could sign and only pay a nominal sum each month. By the response that I have received from on here, am not sure its a good idea as debt alleged or otherwise would never be paid off. I thought their was a deadline of 28 days that they have to respond by. I assume the claim has been stayed but am not sure what that really means. If the claimant apply to the court for a order to lift the stay, will we be informed I wonder.. Any ideas and thank you for your time..

[42man]

Applying for an N244 to strikeout might be the best move...!!

[Consumer dude]

Applying for an N244 to strikeout might be the best move...!!

 

 

The other thing we did send for was a request for all data under any CPR rules, but heard nothing back yet. This N244 is a option I guess. Is this a straight forward form, and is their a fee to pay and what is likely to happy when that is served ? Many thanks..

[42man]

Failing to comply with a CPR is possibly enough in itself to apply for a strikeout....

Search on these forums for the word strike and/or strikeout, i'll see if I can dig out the threads....

[Consumer dude]

Failing to comply with a CPR is possibly enough in itself to apply for a strikeout....

Search on these forums for the word strike and/or strikeout, i'll see if I can dig out the threads....

 

 

 

The CPR request was sent to the claimant by special delivery at the end of this SEP. It was not specfic in any wording of any act of parliment but a request to supply all data under any civil procedure rules. A copy of the request was given to the court with the allocation questionare. This is where this is up to.. N244 next move ?

[Consumer dude]

Not sure what next move is if any think at the moment. Is their a deadline for the request for the data requested to be sent. I thought that N224 would be used to set aside a judgement, however no date for hearing has happened and therefore no judgement has happened or can the N224 form be used for some think else. Am wondering if I haved missed any important points..

[Consumer dude]

Not sure what next move is if any think at the moment. Is their a deadline for the request for the data requested to be sent. I thought that N224 would be used to set aside a judgement, however no date for hearing has happened and therefore no judgement has happened or can the N224 form be used for some think else. Am wondering if I haved missed any important points..

 

 

 

Bump..

[Consumer dude]

Not sure what next move is if any think at the moment. Is their a deadline for the request for the data requested to be sent. I thought that N224 would be used to set aside a judgement, however no date for hearing has happened and therefore no judgement has happened or can the N224 form be used for some think else. Am wondering if I haved missed any important points..

 

 

 

Don't think I need to do any think at the moment, but I might phone the court next week to check up on things..

[caro]

The N244 can be used to apply for all sorts of things, including applications to strike out the claim, as suggested by 42man.

[Consumer dude]

The N244 can be used to apply for all sorts of things, including applications to strike out the claim, as suggested by 42man.

 

 

Thank you. Would their be a fee to pay for filling in that ?

[caro]

Yes, unless you're exempt from them. Not sure how much it would be for this, but you could always ask the judge for wasted costs.

 

Her Majesty's Courts Service -Forms and Guidance

[citizenB]

Thread moved to legal issues.

[Consumer dude]

Have jusr received standard order for stay for settlement with consent of all the parties. What I should I do now ?

[Consumer dude]

Before this came where I was up to on this issue was the following.. Had requested all data from the claimant under any civil procedure rules. I did not specifally state under any number(s) like 36.14 I think it is or the like but requested with the words and I quote 'under any procedure rules' I have not had any thing returned following that request.. Thank you..