help with capquest

[lord_tiger_putin]

Thanks for all of your help with this. I certainly have not received any correspondance that I have signed for, and when they sent some-one to give me a statutory demand I sent them packing and refused to accept it. No doubt if they had the NoA they should have sent it by now. If they do not reply to the court what happens then does it just fester or can this just go on forever??

 

"When the defence is returned to the court, the court will send an allocation questionnaire to both the claimant and defendant. This must be returned no later than the date specified on it."

 

This is the allocation questionnaire:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n150_web_0410.pdf

 

Have a look at Section C, therefore I think it is very good if you send them the letter in #23, so that they cannot state otherwise. After receive the questionnaire you will have a date in which they will have to respond. I would think that if they don't respond they will have to discontinue.

 

This is from the guidance notes of the allocation questionnaire:

 

• If you fail to return the allocation questionnaire by the date given, the judge may make an order which leads to your claim or defence being struck out, or hold an allocation hearing. If there is an allocation hearing the judge may order any party who has not filed their questionnaire to pay, immediately, the costs of that hearing.

Edited September 17, 2010 by lord_tiger_putin

[avamaria]

Help with capquest:

 

Can someone please help I have a questionaire from the court which I am unsure on the level of detail/ additional information I need to include. For example to I concur that I would use the HMRC mediation service etc. Still got nothing from capquest other than at long last a acknowledgement to a recorded delivery letter, saying they were contacting natwest for information - mind I only got that after sending them the letter lord tiger recommended on being in default of the general pre-court action. I have no further information still no notice of assignment none of the listed evidence they should have etc. To be hoest not sure how this will go - do I have to go to court etc ..... Some advise would be good as I am starting to stress on this .... Ava

[lord_tiger_putin]

I do think you have a very strong case but you will have to play it right. I did send this to admin and asked them to provide some expert input, hopefully they will come back soon with some more advice.

[IdaInFife]

advice being sought

[gh2008]

Could you post up (or post links to)

 

The Particulars of Claim (on the N1 form)

Any S77-79 requests that have been made date of request & response

Any CPR requests that have been made

Your defence

 

N149 or N150? & when has it got to be in by?

[avamaria]

Hi I have the information at home and will send them to you, can I clarify the following:

the N1 form - is that the county court claim form?

The S77 - 79 requests - is that the letters requesting the data they intend to use in their defence

The CPr request - is that the request for credit agreement

I have also no notice of assignment ie transfer between the two parties natwest and capquest

 

The N149 - is that the form from the court which requests witness statements - etc if so that has to be in by 18th October.

 

I cant seem to upload the files?? is there another means either email I can get them to you by?

 

I have received 2 communications as follows:

 

1 following the first request 2/08/2010 (my letter) - capquest requesting I pay a SAR fee for the defence

data

1 on day 28 +5 for which they had to advse the court of their decision to proceed with claim

1 last friday in response to my letteradivsing the were in default of pre court conduct to which they advised they were contacting nat west

 

Can you confirm on receipt whatelse you need

 

Thankyou

[gh2008]

S.77-79 request is a statutory request for a true copy of the executed credit agreement & docs referred to in it & 'state of the account' - it costs £1 and if they do not comply they cannot enforce the agreement (i.e. obtain a judgement against you)

 

If you have not done one, it is not too late. Get one off to Capquest (if they are the claimant on the N1 form) ASAP

 

Try using 'PhotoBucket' to host the photos/scan - remember to remove your personal details from the forms/letters etc.

 

The more info we have the better we can advise.

 

DO NOT submit your AQ (N149) without advice as this is a crucial point in the proceedings.

[avamaria]

Hi there, I think this it - sorry I just don't have access to the technology ......

 

Dear Sir/Madam,

I have received the Court claim filed by your Company . To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished by the 12th August 2010, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with National Westminister Bank.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

 

 

They replied saying they did not need to have one as it was an overdraft. ALso advised if I paid £10 for a SAR they would provide the detail. I challenged that and only at the point of defaulting on the pre court action have they said they were writing to natwest - in other words they never actually had to hand anyway!

 

I can copy and paste the remaining information in this manner if that helps

[gh2008]

Unfortunately that CPR request would be deemed 'out of proportion to the matter' imho

 

anyway, didn't realise this is an overdraft. Not too hot myself on overdrafts although AFAIK they do still need an agreement as they are regulated by the CCA. The agreement would be for teh actual bank account rather than for the credit per se. That agreement should lay out the terms that any overdraft would be granted on.

 

Basically they need to show that under the T&Cs you agreed that the OD is, in fact, repayable upon demand or however else they say they are demanding repayment. They need to show that the OD was not a 'never ending arrangement'

 

What is your defence to this claim? Is it just 'haven't got enough info? or something else?

 

jmho

[avamaria]

To be honest, I have been (as you can see from the threads) taking the best advice I can get. I will post the defence I submitted, basically I have demanded a breakdown of the debt and challenged their ability to charge me interest etc. They have since putting in the CCJ claim disregarded any mail I have sent them which was issued recorded delivery. Basically they have not engaged at all, all I am challenging is prove the balances, that they can claim the interest etc etc. If they are taking me to court prove what it is you have to support the claim. They should have to provide me copies of their defence, which they have not done.

 

I appreciate that the items are over the top and probqably a little overkill, however, they are in my view deliberately buying themselves time as they don't seem to be ble to provide anything - or are they waiting for their day in court??

 

Capquest - Claimant

and

- Defendant

Defence

1. I xxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Capquest.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

3. I am embarrassed at pleading to the particulars as they fail to comply with the Civil Procedure rules, in particular part 16 and practice direction 16, in particular paragraph 7.3 as the claimant has failed to supply a copy of the written document which forms the basis of this claim.

4. The claimant has failed to set out how the figures which they claim are calculated nor do they set out the nature and scope of any charges contained within the figure claimed

5. The claimant has failed to also attach a copy of the default notice which they claim has been served under s87 (1) Consumer credit act 1974

6. The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Credit agreement and the Default notice. Therefore these Documents must be produced before the court and must comply with the relevant sections of the consumer credit act and the regulations made under the act, I will address these requirements later in this defence

7. Further more the claimant has failed to attach a copy of the deed of assignment and proof of posting for the notice of assignment which is required to comply with Section 196 of the Law of Property Act 1925. I received no Notice of assignment, on and I note the date of issue on the claim suggests that the notice of assignment, which must be served before the assignment if it is to be effective in law, was not posted before the claim was filed, so I place the claimant to strict proof that the notice of assignment was posted prior to the start of this action. Should the claimant not be able to produce this proof, I contend that the claimant would not have a legal right to this action and the case should be struck out without further notice

8. Consequently due to the claimants failure to supply the documents required under the Civil Procedure rules and the fact that the claimant has failed to sufficiently particularized the claim I deny all allegations in the particulars of claim that I am indebted to the claimant in any way and put the claimant to strict proof thereof

9. I will now look at the important issues relating to this case which must be brought to the courts attention

Pre-action protocols

10. The claimant Capquest Limited has failed to follow the pre-action protocols insofar as they did not send any letter before action as required by paragraph 4.3 of Practice Direction-Protocols, nor did they attempt to enter into any negotiations to try and resolve the issues. Instead they launched into immediate litigation and it would appear that they did this before the assignment was carried out correctly.

The Request for Disclosure

(Copy of my CPR 18 request to Capquest and HL Solicitors attached and also their response)

12. Further to the case, on x month and x month I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

13. To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person

14. The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act and subsequent Regulations made under the Act exists

The Credit Agreement

15. The Agreement referred to in the particulars of claim relates to a Credit agreement regulated by the Consumer Credit Act 1974. Under the said act there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

16. Firstly, the agreement must contain certain terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

17. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

1. Number of repayments

2. Amount of repayments

3. Frequency and timing of repayments

4. Dates of repayments

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

18. If the agreement does not contain these terms it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

19. Notwithstanding point 18, The agreement must be signed in the prescribed manner to comply with s61 (1) CCA 1974, if the agreement is not signed by debtor or creditor it is also improperly executed and again only enforceable by court order

20. The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

21. The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

22. With regards to the Authority cited in point 21, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."

23. Therefore it is submitted that without production of the credit agreement no enforcement order should be made as this would be unjust and against the rulings of the House of Lords and also against the Consumer Credit Act 1974 which was enacted clearly to offer a certain level of protection to consumers

The Default Notice

24. Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement

25. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

26. Notwithstanding point 25, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

27. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

The Assignment of the debt

28. As stated in point 7, the notice of assignment was delivered to me on the 28th July 2010 after the claimant had instigated this action, consequently, I require the claimant produce the Deed of Assignment to show that it is indeed valid and compliant with the Law of Property Act 1925 and further more I require the claimant disclose proof of posting per s196 LoP Act 1925

29. I refer to W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 where it was held that the notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore, the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1) a of the Law of Property Act, 1925 and put the claimant to strict proof that the assignment has been carried out correctly

30. If no Deed of Assignment can be produced it is requested that the court strike out the claimants’ case as the claimant will not have a right to bring this action against me in their name

Conclusion

31. I respectfully ask the court to use its case management powers to order the claimant to disclose the information requested within this defence document as it is vital to allow me the opportunity to defend this action properly and would be unjust and totally unfair to allow this action to continue without allowing me the opportunity to view the documents which form the basis of this claim

32. I further ask the court consider striking out the claimants’ case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

33. In addition, if the claimant cannot produce a credit agreement in the prescribed form signed in the prescribed manner by debtor and creditor, the court is precluded from making an enforcement order under s127 (3) Consumer Credit Act 1974 and it is requested that the court use its powers under section 142 Consumer Credit Act 1974 to declare the agreement unenforceable and strike out the claimants case accordingly

34. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 12 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

35. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced under the Consumer Credit Act 1974 which is the relevant act in this case.

 

 

Do you think I have made things worse doing this??

[gh2008]

That defence is more to do with a credit card than an overdraft .....

 

AFAIK no credit agreement or default notice etc are needed for an OD

 

I expect it was issued via Northampton Bulk Centre, in which case no copy of any documents are required either.

 

Let me have a think about the best way forward. It *may* be making an application to the Court for disclosure of the account agreement together with proof of the amount claimed and the NOA and proof of service. They are the docs required for them to prove their case (other than the proof of service of the NOA which would be disregarded)

 

I'll have a think and do some more research into ODs

Edited October 7, 2010 by gh2008

[avamaria]

The N1 details are as follows:

 

Monies due under regulated agreement xxx between natwest and defendant the benefit which was assigned to the claiment on x/x/2007. Agreement terminated on defendant failure to comply with terms of agreement and/or served the statuory notice of default served by Natwes. Claiment seeks interst pusuant with s69 of county court act `84 at rate of 8% pa from date of issue and daily rate of 1.00

 

Its cribbed obviously, but you get the jist of it.

 

Can I amend the defence submitted etc at this point if you think that is necessary??

[avamaria]

Yes it did come from the bulk centre

[gh2008]

How much is the claim for? more or less than £5k?

 

Can I just say one thing. When you send a letter, please make sure you understand what you are writing and why. In your CPR request you are asking for info about a loan??? whereas this is actually an OD ...

 

Just copying and pasting doesn't work ......

 

I do think you need to try and stall the process and sort out your corner.

 

Basically you need

1. a copy of the regulated agreement

2. a copy of the the T&Cs

3. a copy of the termination and/or notice of default

4. copy of the NOA

 

all disclosed in their POC, together with

5. a statement of account showing how the figure claimed has been arrived at

 

Once you have all that you can sort out a defence

 

-----

 

I presume you actual defence to the claim will centre around

1. whether the agreement with NatWest actually required the OD to be repayable on demand - or, for that matter, if not then how, if at all, was the OD repayable.

 

2. If there are any other unrecoverable charges included in the amount claimed

 

3. S.69 interest is not allowed on a claim under which contractual interest applies

 

-------

 

So, the options are to ask for Special Directions on the N149 and *hope* the DJ agrees

OR make an application to Court which they will *have* to take notice of.

 

I prefer the latter, but it will cost you £40 unless you are exempt from fees (check EX160)

[avamaria]

Appreciate that I may have knacked this up a bit in an urgency to get to the bottom of it all and the stress of hitting the deadlines etc..

 

It is for less than £5k. I cannot complete a true defence as I have none of the documentation at all that make up the balance etc etc. I cannot work out how they have come to the value they have, hence requesting all of the information for the particulars of the claim. Additionally the terms of which the overdraft was payable etc etc so your summary of defence is correct. Also I understand unless the NoA is issued recorded delivery etc is an issue too??

 

The defence submitted which as you point out I have not read as closely as I should have was an embarrassed defence on the basis I cannot defend as they have failed to provide the information requested.

 

I am not bothered about the £40, so will do whatever to prgress, but do need to return the form, so want to get this right, on that basis can you advise which course of action I should now take. particularly to stall proceedings as you advise

[avamaria]

Also, in adoptiong the £40 option making the application to the court do I still have to return the N146 form at the same time. Also do I need to write back to capquest again detailing the items you have specifically mentioned below.

 

Appreciate you looking at this.

[AndyOrch]

The N1 details are as follows:

 

Monies due under regulated agreement xxx between natwest :lol:and defendant the benefit which was assigned to the claimant on x/x/2007. Agreement terminated on defendant failure to comply with terms of agreement and/or served the statuary notice of default served by Natwes. Claimant seeks interest pursuant with s69 of county court act `84 at rate of 8% pa from date of issue and daily rate of 1.00

 

Its cribbed obviously, but you get the jist of it.

 

Can I amend the defence submitted etc at this point if you think that is necessary??

 

Just shows how much Cappers know, since when did a current account become an agreement:!: hence Nasty got shut to them to instigate litigation.

Regards

Andy

 

.

 

[gh2008]

If you make an app, you won't need to send in the N149 as the process will effectively stop.

 

I have asked foollishgirl to just check my thoughts for anything glaringly wrong - wait for her comments before going ahead.

 

You can download the N244 form and start looking at how to fill it in.

 

I will Draft up an Order for you

[gh2008]

Just shows how much Cappers know, since when did a current account become an agreement:!: hence Nasty got shut to them to instigate litigation.

Regards

Andy

 

.

 

 

I've just pm'd fg about that - teh fact that they have disclosed a regulated agreement then I think the Court will have no problems ordering a copy

 

can't wait to see what they come up with .......

 

my draft Order will certainly be an unless order as it should be having already disclosed the document ....

[AndyOrch]

Are you ok GH sorting this? just shout if you are unsure.

 

Regards

 

Andy

[gh2008]

HI Andy

 

My main thought is to try and stop the process before AQ and the claimant asks for the defence to be struck out ..

 

Then, reading the POC I realised that it may be an arsenal able to be turned around and used in the OP's favour.

 

Hence an app for an 'Unless Order' something along the lines of a Part 31.14 order for copies of teh disclosed docs with a Part 18 bit tagged on to prove the amount claimed

 

with a Defendant do file and serve a fully particularised defence in repose to those documents

 

Just checking I wasn't barking up the wrong tree - not done an OD claim before ..... but then if they are disclosing a regulated agreement and Default Notice, then let's see them

 

cheers - gh

[AndyOrch]

Sounds like you are on the money, I have not read the thread but when I see overdraft and Nasytvest it captures my attention:wink:

 

Just let me have a read through.

 

Regards

 

Andy

[AndyOrch]

Ok I see a defence as been submitted and AQs released.I would not advocate any application to strike out as a defence has been submitted,one contradicts the other in my view.

I personally would proceed with the AQ,admittedly restricted being the 149.Seek disclosure via the AQ it it acceptable to seek disclosure and suggest inspection,which we know they wont be able to.

With the right worded AQ they will be severely embarrassed and think carefully before proceeding to trial.

 

 

Regards

 

Andy

[gh2008]

My reservation with that is that the DJ could ignore the Special Directions request and allow it to go to trial with the existing POC & Defence.

 

Part 31.14 request would then be excluded as they do not apply to SCT nor do the strict rules of disclosure - it *could* be heard purely on what has been submitted.

 

If I was the claimant I would certainly be filling in my AQ asking for the defence to be struck out as it clearly is largely irrelevant and merely prolonging matters (not saying it is - but that is what I would write as a claimant)

 

As the OP has denied very little other than a NOA (easily rectified with a WS) and the amount - which again unfortunately can just be justified with a WS in SCT

 

At the moment it is 'trackless' and assumed to be multi-track where all the rules apply - I think I would make use of them ...

 

jmho

 

Oh, not advocating a SO app - just an app to order disclosure of the docs in the POC

[AndyOrch]

My reservation with that is that the DJ could ignore the Special Directions request and allow it to go to trial with the existing POC & Defence. What PoC?

Part 31.14 request would then be excluded as they do not apply to SCT nor do the strict rules of disclosure - it *could* be heard purely on what has been submitted.Thats why I always advocate the CPR18.1

If I was the claimant I would certainly be filling in my AQ asking for the defence to be struck out as it clearly is largely irrelevant and merely prolonging matters (not saying it is - but that is what I would write as a claimant) Sure but you as the Defendant could request a re plead of the P.o.C and substantiation of the debt in your WS (or in other words disclosure)

As the OP has denied very little other than a NOA (easily rectified with a WS) and the amount - which again unfortunately can just be justified with a WS in SCT As most NW OD claims consist of 75% unfair charges I suspect they would struggle with this and would not want to expose.

At the moment it is 'trackless' and assumed to be multi-track where all the rules apply - I think I would make use of them ...Debt and nature of the claim would not warrant any other track apart from SCT which is why Cappy have instigated knowing disclosure will be limited.

jmho

 

Oh, not advocating a SO app - just an app to order disclosure of the docs in the POC

But what would that achieve an " unless order" ? we know that they cant comply because there is no agreement they may produce the Sec 76(1) 98 (1) which would only confirm the OD total outstanding.You would need to request the statements and make up of the debt and believe me NW will not disclose and expose themselves to this.

Regards

Andy