Tower capital court papers recieved

[mightyroyals]

Hi i have just checked online and it says it has been transferred to my local court now, What does this mean and what will happen next??

[vjohn82]

Hi i have just checked online and it says it has been transferred to my local court now, What does this mean and what will happen next??

 

Errr... it has been transferred to your local court? Lol... sorry... but I couldn't help myself.

 

What happens now is that all of the docs are being sent over... and it will be allocated to a judge. You will be written to when you need to do something but you might want to give the court a call in a few days to find out for 100% sure because the courts are under a bit of pressure right now and do not have enough staff to handle the load.

[mightyroyals]

Lol you had me worried then lol thanks i will give it a few days and then give them a call

[mightyroyals]

Hi Today i recieved a Allocation questionaire from Northampton CCBC and notice of the case being sent to my local court.

 

What do i need to do with the allocation questionaire

 

Many Thanks

Edited January 7, 2010 by mightyroyals

[vjohn82]

Fill it in mate... keep your name off the forum ;-) Never know who is looking in.

 

AQ

 

Fill in name, the court name (the one being transferred to), Claim No. and last date mentioned for filing

 

Part A

 

Tick No

 

Part B

 

Tick No

 

Part C

 

Tick Yes

 

Part D

 

0

 

Part E

 

Tick No all the way down

 

Part F

 

Tick No

 

Part G

 

Come to this in a minute

 

Part F

 

Tick No

 

Sign, date it the day you finish it & print name in full

[vjohn82]

Ok... part G is where we can make a suggestion for a draft order for directions for the court to consider in order to further the overriding objective.

 

Here's an example of the one I filed recently:

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

1) Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

2) Document, contract or deed of assignment for the account mentioned in the Particulars of Claim from HFO Capital to HFO Services.

3) The executed 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.

4) 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.

5) Copies of any statement or other document relied upon including proof of the amount of the debt and how it was accrued.

6) If the Claimant fails to comply with this order, or any specific direction/disclosure, the claim will be struck out pursuant to CPR 3.4.2 © and that either Litigant in Person costs or costs awarded on an indemnity basis are considered.

 

 

The Defendant shall within 14 days thereafter file and serve the following:

 

7) An amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

 

[mightyroyals]

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

1) Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

2) Document, contract or deed of assignment for the account mentioned in the Particulars of Claim from HFO Capital to HFO Services.

3) The executed 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.

4) 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.

5) Copies of any statement or other document relied upon including proof of the amount of the debt and how it was accrued.

6) If the Claimant fails to comply with this order, or any specific direction/disclosure, the claim will be struck out pursuant to CPR 3.4.2 © and that either Litigant in Person costs or costs awarded on an indemnity basis are considered.

 

 

The Defendant shall within 14 days thereafter file and serve the following:

 

7) An amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

Is this what i need to put in the space on the form??? also i am away for 2 weeks from the 19th do i need to put that in the form???

[vjohn82]

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

1) Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

2) Document, contract or deed of assignment for the account mentioned in the Particulars of Claim from HFO Capital to HFO Services.

3) The executed 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.

4) 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.

5) Copies of any statement or other document relied upon including proof of the amount of the debt and how it was accrued.

6) If the Claimant fails to comply with this order, or any specific direction/disclosure, the claim will be struck out pursuant to CPR 3.4.2 © and that either Litigant in Person costs or costs awarded on an indemnity basis are considered.

 

 

The Defendant shall within 14 days thereafter file and serve the following:

 

7) An amended defence sufficiently particularised in response to the documents supplied by the claimant.

 

Is this what i need to put in the space on the form??? also i am away for 2 weeks from the 19th do i need to put that in the form???

 

Pvt message me your email and I will send you all of my AQ documents so you can see exactly what I did.

 

Cheers.

[mightyroyals]

Hi sorry for the delay in a update but i have been away and just got back to find that the judge has decided that the small claims track is the best route to go and that there will a telephone hearing with a mediator and i am waiting to hear when this will be. i am petrified i dont know what to say or anything and are these ppl going to bully me. i still cant beleive that i told the court i have had no response to my cca and cpr request but he is still not looking to that any advice is most appreciated

[mightyroyals]

bump

[vjohn82]

Hi,

 

You will be fine; you just have to make sure that you have all of your paperwork in order and make it clear what documents you want from the Claimant so that you know what case you have to answer.

[The GodMother]

The Mediation service can be good and can be bad.

 

I have used them twice now and as result had a good service with one case from them and a bad service with the other from them.

 

They are not legally trained and they dont have to be as l found out with my second case when it came to data protection and no cca etc. I am not saying that some are not aware but in my case it was no good.

 

Altho they are good at negoation settlements in cases. They are used to get down the amount of court time and maybe sort out getting ppl docs etc and saving on court time. Also if a company does not stick to any arrangements made between you and the mediation service then the judge does not look favorably on that is it is a waste of courts money and time to bring the matter to there attention.

 

Give it a try you might get a clued up one and be able to settle this case.

I did and won agaist capital one who were harrassing me for missing money. They paid out in the end just about £600 maybe a bit more which was spread like this

 

£300.00 to the card.

£61.00 writing off the card.

£40.00 tomlin order fees

the rest over £200.00 in compo to me and they did not admit they were wrong but hey l won they lost and l gained twice as much from it.