Cabot/Morgan Solicitors, county court claim received help needed

[AndyOrch]

Hi Gary

 

Proceeding as in you have received AQ?

 

 

Andy

[garymyrtle]

Hi Andy yes that's correct

 

Gary

[AndyOrch]

Ok N150/149 and what date must you submit it by?

[garymyrtle]

3rd december is the submission date,

[AndyOrch]

Which AQ N150 or N149 Small claims

[garymyrtle]

N150

[AndyOrch]

Ok Gary quite simple to complete but leave it a little longer and only submit at the last min.I assume they have not responded to your CPR.

Have you received a copy of the claimants AQ?

[garymyrtle]

No I have not received anything further from Cabot to date re cpr docs, also I have not received a copy of the aq from cabot

[AndyOrch]

No surprises there then just flag your post a few dates before and I will walk you through the completion and Draft Directions.

 

Regards

 

Andy

[garymyrtle]

thanks Andy speak next week gary

[garymyrtle]

Hi Andy, The day has arrived, I have put my suspected answers below.

Section a

1. no

3. no

4 . ?

B no

c no

d amount

applications no

Experts NO

E blank

f blank

g costs ?

H blank

other info NO

 

This is what I think needs filling out, could you tell me whether all correct.

 

Many thanks Andy

 

Regards Gary

[AndyOrch]

Have you sent a copy of this completed form to the other party

Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

Reasons

:

Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court?

NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so?

No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute?

£XXXXXX (amount less court fee/sol fee

 

Applications

Have you made any application(s) in this claim?

NO

 

Witnesses

 

Xx xxxxx All the facts in the case (yourself)

 

Experts

No

 

Track

Fast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 3

Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing?

YES/NO

 

 

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim?

Yes

 

If Yes, have they been agreed with the other party?

NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire?

YES

 

Have you sent these documents to the other party

YES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future?

YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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, I am at a disadvantage and am 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

 

Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before this case can progress any further.

 

___________________

 

DRAFT ORDER FOR DIRECTIONS

 

 

 

In the ************* county court

Claim number **********

 

 

Between

 

 

************* - Claimant

 

 

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the 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.
  
  
• 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,
  
  
• Document, contract or deed of assignment
  
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
  
• Copies of any statement or other document relied upon
  
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

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

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

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

Regards

 

Andy:wink:

[garymyrtle]

Hi Andy

 

Thanks very much for that, in your experience where do you think it will go from here?

 

Regards

 

Gary

[AndyOrch]

Hi Gary

 

Every claim is unique and dependable on the defendant and his defence.Submit your AQ once you have edited to suit your case,then await Notice of Allocation this will lay out the timetable of requirements and what you have to submit in the build up to the trial.Many things can happen along the way so its very difficult to state what will happen next.The Claimant may make application for Summary Judgment or strike out your defence.They may discontinue or approach you for a settlement or agreement or throw a Tomlin Order for your consent.

So impossible to state but if you are aware of what may be thrown at you you can be ready to counter act it and by knowing the process puts you in a far stronger position that the unknown.These claims are issued on the understanding that you wont defend you wont argue your point.Use the process to either come to an agreement or hopefully proceed to trial and win and even if you dont win a suitable payment arrangement can be made which is probably all you wanted in the first place,not to avoid making payment or avoiding your dues.

Something the Claimant dosent really want but rather step on the Charging Order rung.

 

Regards

 

Andy

[garymyrtle]

Thanks Andy,

[garymyrtle]

Hi Andy. Today I received the qa from Morgan, Attached is the credit agreement and t&c's ( do you need to see these docs), they still have not sent the assignment or the default notices. do I just wait, My qa went in yesterday.

 

Regards

 

Gary

[AndyOrch]

Morning Gary

 

Ok the only points I check on a Claimants AQ is the following:-

 

Settlement ?

 

Application ?

 

Directions?

 

Other?

 

By all means scan up what they have sent (less personal identifiable data) and if you can state what they have responded to the above.

 

Regards

 

Andy

[garymyrtle]

Settlement - q1 yes, q2 yes, q3 no, reasons - We will endeavour to give disclosure of our evidence, therafter mediation might be considered appropriate

 

Application no

 

Directions no

 

Other - they have ticked no 'have you attached documents to this questionnaire' , but the new credit agreement was attached which I haven't seen before, also the original application

[AndyOrch]

Settlement - q1 yes, q2 yes, q3 no, reasons - We will endeavour to give disclosure of our evidence, therafter mediation might be considered appropriate

 

Application no

 

Directions no

 

Other - they have ticked no 'have you attached documents to this questionnaire' , but the new credit agreement was attached which I haven't seen before, also the original application

 

Ok thats fine Gary obviously they had not received your AQ on completion of theirs and your Directions will not be instructed until the DJ as had time to consider both AQs and present his further directions which you will recieve in the Notice of Allocation. Check this on reciept carefully and see wht he has instructed to happen next.

 

If you could post up the:-

 

" new credit agreement was attached which I haven't seen before, also the original application"

 

Regards

 

Andy

[garymyrtle]

hI aNDY THE CREDIR AGREEMENT IS ATTACHED

CREDIT AGREEMENT.pdf

[AndyOrch]

No signatures or dates Gary? That could have been typed up last week.

 

Andy

[garymyrtle]

Hi Andy no dates no signatures, apart from original applications form. yes could off and was most likely typed up last week.

 

Thanks Gary,

[AndyOrch]

Absolutely, so we must keep pushing the need for the original Agreement your directions are proposed and we must wait for the DJs response with regards to them.

A lot of cases are proceeding on here and being lost with the claimant offering reconstituted copies which is simply not acceptable and unenforceable.

I would advocate you study the Carey case which is referred to all over here in this forum and in particular check out a thread by Whatamess she as just received her Notice of Allocation and the DJ as stipulated that at the next hearing the true original signed agreement must be presented so this will be interesting Gary in your predicament.

 

Regards

Andy

[garymyrtle]

Hi Andy, I have had a response from the court, it has been fast tracked and no directions have been issued, standard disclosure by 27th jan, copy docs to be requested by 3rd feb and witnes statements filed and served by 10th march court hearing 15th April

 

Happy New Year

 

Gary

[ohitsonlyme]

Subbing with interst am on first rung of the morgan cabot ladder

onlyme