N150 assistance needed...please? / **WON**

[NGEddie]

Also, doing even more reading tonight and I see CPR is sent as many companies do not keep the originals, and its only originals which can be used in court? how long do we have to send the CPR to them please?

 

Cheers

 

E

[banker_rhymes_with]

Hello E!

 

Read Surfaceagenx20's Thread on CPR 31.14:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html#post1707671

 

I regret I have forgotten if you have issues with the Agreement, but if there's any doubt they have the original, and if the Agreement is key, then by all means fire off CPR 31.14 (read the Thread to understand why)...that can also include the Default Notice too.

 

Yours is a Regulated Agreement, so if they wish to enforce that, then they must have a valid s87(1) Default Notice, or they do not get to enjoy the benefits of s87.

 

Maybe read the other x20 Thread too:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1837307

 

Cheers,

BRW

[NGEddie]

Thanks again mate,

 

I am planning to print out and send off a 31.14 this weekend at work, should I use the template X20 made in his thread? I could have sworn there was a section on here full of template letters, came up in the middle of the screen? all numbered, cannot find it anywhere! any one know the location?!

 

Thanks

 

E

[gh2008]

Hi E

 

I would still carefully consider your 31.14. You can only ask for the agreement, which you already have been served with. IMHO it will weaken your 'hard stand'.

 

Your full defence as BRW has implied will be centred round the defective DN, not the agreement as the agreement has been judged on here as enforceable IIRC.

 

Issuing a defective DN and then terminating the account allows the OC to claim the arrears at the time of the DN. That's it and that's what your defence will be.

 

If they do not have a DN or they recreate one that does not match the one you may have then that's a different issue.

 

IMHO I would reread carefully what BRW says at the beginning of the thread and go with that, it is a proven tactic that keeps things clear and straightforward.

 

It could be said that by now submitting a CPR request that you didn't really mean your embarrassed defence and that you were just stalling for time.

Either go for strike out (when the time has come) or wait for AQ stage and then use CPR to its full.

 

The cogs turn very slowly and it is very tempting to get everything done asap.

[NGEddie]

Cheers for your input, I think I will hold off the 31.14 in that case as it seems to make sense to.

 

So when actually is the best time to go for a strikeout, and how do I go about it? Might as well start preparing for that!

[NGEddie]

Ok, if the DN was sent by the original creditor then they haven't complied with s87 Consumer Credit Act 1974.

 

quote]

 

Just going back to something when reading my thread again, Supa said the above, but I dont see anywhere which states it must not be sent by the original creditor?! have read Consumer Credit Act 1974 (c. 39) - Statute Law Database

and read and just cannot see it, can anyone help?!

 

Thanks!

[MandM]

I think BRW answered it in Post 31.

 

M

[gh2008]

post #2 also answers the question with some relevant paragraphs quoted and caselaw. Read the Act, read the 1983 amendment and read the relevant caselaw, understand what the judge was saying and why. When it comes to court you will be arguing that what that judge said in those cases is relevant in your case, but you need to know why.

 

Can I suggest you reread posts 2-31 and then research anything you don't understand or ask

 

to go for a strike out you need to be 100% up on this as it will be defended

 

you are only really concerned with default notices, so read up everything you can on them. once you've done that you will be 1 step nearer the time for a SO.

 

if you don't, then IMHO you're better off waiting and just defend.

[NGEddie]

Hi all,

 

We today recieved a letter from the court :-

 

In relation to the above matter, it appears that the court has yet to recieve a copy of your defense to this claim. I have enclosed a response pack on which to complete the defence if you so wish. Please submit your defence to the court at the earliest oppurtunity.

 

 

Soooooo now I am confused, does this mean they have not got the embarrassed defence we sent? It was sent special delivery, and I called the court and spoke a girl whose name I have and confirmed they had it.

 

The other thing is this is from the original court and not our local one, how and when does it get transfered here?

 

Can someone please advise?

 

Thank you

 

E

[gh2008]

Where did you send your defence?

It should have been the original Court i.e. the one on the claim form.

 

If it was, ring them first thing Monday morning and tell them about the special delivery and the confirmation. It may be a mistake or it really may have been lost.

 

It will be transferred once they receive your defence.

[NGEddie]

Yes mate it was the original court, as the address on the paperwork.

 

Ok so just some internal confusion I guess, just panicked me a bit, its a good thing they have written and said they dont have it, rather than taking it I was not submitting a defence which results in them winning does it?!? geeeeeeez!

 

Thanks!

[banker_rhymes_with]

Hello E!

 

Just to say I fully agree with these comments by gh2008:

 

post #2 also answers the question with some relevant paragraphs quoted and caselaw. Read the Act, read the 1983 amendment and read the relevant caselaw, understand what the judge was saying and why. When it comes to court you will be arguing that what that judge said in those cases is relevant in your case, but you need to know why.

 

Can I suggest you reread posts 2-31 and then research anything you don't understand or ask

 

to go for a strike out you need to be 100% up on this as it will be defended

 

you are only really concerned with default notices, so read up everything you can on them. once you've done that you will be 1 step nearer the time for a SO.

 

if you don't, then IMHO you're better off waiting and just defend.

 

Even just Defending, it is VIP that you get your head around all of the issues, but the Strike Out option will push you harder so you will need to be 100% familiar with all of the issues.

 

If not, then it would be better just to let them come for you, and submit a full Defence once they have tidied up their Claim. Then Defend in the usual way. My concern there is you lose the advantage, but pushing for Strike Out without being fully up to speed may mis-fire if they are clever and capitalise on any lack of knowledge on your part.

 

It is hard work, I regret, but the information and background that you need is on CAG, it's just a case of digging deep and reading non-stop, making notes, and asking questions if you cannot find the answers you need.

 

The Embarrassed Defence must be logged by the Court, so chase that up and make sure they know that you did file it, and on time.

 

Courts can and do make mistakes, so just stay polite, but be firm and do not let up until they confirm the Defence was received by them on time.

 

Cheers,

BRW

[NGEddie]

Hello!

 

Well I called the court today, and yes they lost it, they confirmed it was received on time as I actually spoke to the girl who made the note about when I called before!

 

I just need to fax it to her tomorrow.

 

Guess it may have bought me a little more time if anything, she did also say the allocation will be done once its received.

 

So back to the reading!

 

Just so I am understanding things correctly, the witness statement is bascially what I had started putting together on page 3 of this?

 

Thanks again for the advice!

 

E

[NGEddie]

Also on the defence it says where you have to sign, if signing on behalf of someone which we have crossed out, then above

 

(I believe) or (the defendant believes)

 

which one do we cross out or does it not matter?

 

Thanks!

 

E

[MandM]

Keep "I believe"

[NGEddie]

Cheers M!

[NGEddie]

Hello Caggers!

 

Well, it seems to be moving, today we received an allocation questionaire

 

I have read it a couple of times and the guidlines, so how exactly am I going to play this now?

 

Any guidance welcomed as am feeling stuck!

 

Thanks

 

E

[MandM]

N149 or N150? Can't recall the value on this.

 

M

[vjohn82]

It's nothing to be concerned about. The court basically wants to know which track you think it should be allocated to and any supporting reasons why (if any).

 

If the claim is below £5000 then the Small Claims Track is the standard one to go onto... anything under £15,000 I believe it is the multi-track and anything over its the Fast Track.

 

You also have the opportunity to showboat a little to explain your reasons for the track, ram home some points and draft an order which you would like to be served on the other party.

 

I have attached examples of mine for you to have a look at.

vjohn82 Draft Order AQ.doc

vjohn82 Section G AQ.doc

[gh2008]

Are you going for a Strike Out as per BRW's post #27?

Have you been working on the N244 and Witness Statement?

[MandM]

 

If the claim is below £5000 then the Small Claims Track is the standard one to go onto... anything under £15,000 I believe it is the multi-track and anything over its the Fast Track.

 

 

Fast Track now extended to £25k

 

Helps with costs

 

M

[NGEddie]

Thanks for the quick responces guys, the claim is 9k.

 

I am guessing 149 is 5k and under so small claims and 150 is for anything over?

 

GH, from what he said we are leaving the strike out for the moment, well I think so anyway, this all fuzzes my head I keep reading and reading, it makes a hell of a lot more sense that it used to, but still is a lot to take in!

 

So in terms of witness statement and the actual defence, if it goes that far, I dont need to submit that just yet?

 

What do you think is likely to happen now as the first page mentioned trying to agree a settlement, but in terms of dodgy DN and them trying to claim for county court interest they are not entitled too it felt not a bad grounds to defend on?

 

There is a bit of information I have not stated before on here, as a solicitor, who actually didnt spot the faults with DN, said it was not relavant as it was an ethical issue, but reading some threads there was mentions of financial hardship.

 

So, in a nutshell, it was, critical ilness diagnosed, stopped working by doctors orders indefinatley, hence being unable to pay, financial hardship, the finance company not wanting to know about any kind of reduced payments, a threatening call stating they will get a CO, court papers landing on doormat, it all happened very fast!

 

Does any of that count? or is useable in any kind of defence in addition to the two main points we are going on?

 

Thanks again guys, you are all stars!

 

E

[MandM]

How long have you got to return this eddie?

[gh2008]

GH, from what he said we are leaving the strike out for the moment, well I think so anyway, this all fuzzes my head I keep reading and reading, it makes a hell of a lot more sense that it used to, but still is a lot to take in!

 

Who and where?

 

BRW & myself just recommended that you got yourself up to speed on DNs & CPR.

You need to know your DN and the Law regarding DNs inside out. Reading the relevant parts of CPR will give you ammo to use against the claimant. They have not complied with the Pre-Action Practice Directions - but you need to find out why. They've not complied with the CPR with regard to their POC, again, find out why.

 

Then you need to :

EITHER put in an N244 strike out application. You would be saying to the Court - "look, this claimant is abusing the Court system because of a,b & c. Their claim is pants because of d,e & f, and you should really tell them to go forth and take their claim with them"

BUT you need to convince the judge that they really have done/not done a-f and because of that they should lose without giving them another chance.

 

OR, the alternative is that you use your AQ N150 to ask the judge for special directions. In that you can ask for the POC to be properly particularised, all the relevant paperwork to be disclosed, and then you be given further time to submit a full defence. You would ask the Court to consider making an 'unless' order i.e. unless they do it they're out.

 

I've just re-read your thread from the beginning - all the info is there with lots of links. Don't worry about things like the Witness Statement yet - that hasn't happened - worry about it when it does - worry about what is happening now and what you need to do about it.

 

Just my thoughts - you need to decide what's best for you

Good luck

[NGEddie]

Thank you thats good

 

It needs to be in by the 4th of February.