help needed with allocation questionaire

[kylie1dw]

hiya

 

back in march of this year i received a court claim from arrow global regarding an mbna credit card. i duly responded with a cpr request thingy asking for copies of credit agreement, assignment etc and due to no response from them the case was stayed.

 

Since then they have sent copies of my priority request application and separate pages for the terms and conditions. i dont think they meet with the consumer act but i could be wrong.

 

also sent a photocopy of a letter addressed to me dated 11 may 2009 which i definately did not receive and obviously dated after the original court claim date. this basically said take this as notification that the debt has been passed on to arrow global. on the 2nd page it starts with dear sir/madam and then gives details of my card the amount owed and the default date of 14 november 2007. there is no mention of what date it was assigned to arrow . additionally they sent copies of default notices the first being dated 22 january 2008 i think from arrow and a more recent one from this year. if i supposedly defaulted in nov 2007 where's the copy of that one.

 

the amount they are claiming is less than 400 pounds and i'm pretty certain that all of it consists of charges and interest probably more, but can not be certain. have just sent a letter for list of all charges to mbna but will take 40 days i guess.

 

what i need help with is what should i write in the information section on the N149. i'm inclined to think they will owe me but till i have a list of charges i don't know

 

i cant load copies of what was sent to me as i dont have a scanner.

and sorry for lack of capital letters my keyboard not working very well.

 

have till 7th dec to reply i.e monday next week

[42man]

Is it a 149 or a 150 ?

 

Have a look at these

 

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

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121975-link-financial-county-court-2.html#post1385509

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161188-allocation-questionnaire-urgent-help.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

[kylie1dw]

thanks for the reply,

 

had a quick look at the links and will read them more thoroughly later when i have a bit more time. currently have 2 jobs at the moment covering 15 hours a day so my time is very limited.

 

it is an n149 form.

 

having already been sent copies of cca and default notices, regardless of wether they are correctly executed or not, would a draft order still be the way to go.

 

i could ask for proof of posting and copies of statements to prove the alleged debt. but how do i go about saying there cca does not comply or do i save that for the court case.

 

must go to work now and will try to get back on later without being seen lol.

[kylie1dw]

Right, I've done lots of reading and have decided to send the usual draft order. also for the other information section I have used bits from various posts and have come up with following. could someone let me know if this seems ok to send please.

 

Section G – Other Information

 

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 in compliance with the Consumer credit Act 1974 and the Consumer Credit Agreement regulations made under the act, I am at a disadvantage and 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.

The alleged amount in question comprises of penalty charges. In respect of that which is denied, during the period in which the Account was operating the claimant applied numerous charges to the Account in respect of purported breaches of contract on the part of the Defendants and also charged interest on the charges once applied. The Defendant understands that the claimant contends that the charges were applied in accordance with the terms of the contract between itself and the Defendants. The charges applied to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the Defendants; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the claimant which exercises the contractual term in respect of such charges with a view to profit.

The contractual provision that permits the claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

Accordingly I put the Claimant to strict proof that every charge made to the Account was valid and lawful. I aver that any default notice sent would have included these charges. I have enclosed Draft Direction to enable myself to verify the alleged amount in question is a true figure and put the Claimant to strict proof to disclose.