MBNA/Arden/Britannica recoveries SARL/Mortlake - court paper received.

[AndyOrch]

I put yes at A and if you put yes you can request a months stay at 2.

 

3. is not applicable because you state yes to A

 

" Is there anywhere on the AQ where I should put that I have now sent 2 requests for information and that they are in default of the May one and have not replied to the one sent on reciept of the court claim? " Yes put it in Other (G or I?) the reason for a month stay

[leopard lady]

Is this OK please?

 

section I

 

I request a 1 month stay as the claimant was sent a formal request pursuant to s.77/78 of the consumer credit act on May 19 2012. The claimant failed to respond to this therefore were in default of this request at the time of making this claim. A CPR 31.14 request was sent on 17th September 2012 and no reply has been received. In view of this, 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.

Edited October 23, 2012 by leopard lady

[leopard lady]

condensed into following post

Edited October 23, 2012 by leopard lady

[leopard lady]

Allocation Questionnare all done except for the following:-

 

Am I the 1st defendant? What about 'part 20 claimant' ? sorry not sure what to cross out here

 

a) Have you sent a copy of this completed form to the other party? I put yes

 

b) Section F If yes have they (list of directions) been agreed with the other parties not sure what to put

 

c)Section I Have you sent these documents to the other party(ies) I put yes

If Yes, when did they receive them date of expected receipt

Do you intend to make any applications in the immediate future don't know what to put here

 

As the date for return to court is 25 October, and if I get it done before PO deadline today (23rd), should I post it guaranteed next day delivery? Will send claimants copy signed for.

Edited October 23, 2012 by leopard lady

[AndyOrch]

Allocation Questionnare all done except for the following:-

 

Am I the 1st defendant? What about 'part 20 claimant' ? sorry not sure what to cross out here Leave blank

 

a) Have you sent a copy of this completed form to the other party? I put yes Correct

 

b) Section F If yes have they (list of directions) been agreed with the other parties not sure what to put Leave blank

 

c)Section I Have you sent these documents to the other party(ies) I put yes

If Yes, when did they receive them date of expected receipt leave blank

Do you intend to make any applications in the immediate future don't know what to put here Leave blank

 

As the date for return to court is 25 October, and if I get it done before PO deadline today (23rd), should I post it guaranteed next day delivery? Will send claimants copy signed for.

Ok

 

Andy

[leopard lady]

Managed to get it to Post Office in time for next day deliver before 1pm (£5.90 !!!). Just sorting out copy to solicitor and realised I haven't signed or dated the sheet with the draft order on, but have stapled it in with the AQ. Will this be OK?

[leopard lady]

Hi can anyone confirm the above, please?

[Series3]

I can't say for sure but a bump up may get you the answer you need.

[BRIGADIER2JCS]

Have you a copy you can scan and e-mail after signing or fax to them?

[leopard lady]

Recieved a copy of earlswoods allocation questionnaire today. It has no information whatsoever on it, just ticked boxes. As they have paid the fee I assume they feel they have all the information needed to win at court so I just wondered what will happen next?

[Series3]

you should get a date from court and instructions on the exchange of bundles.

they all think they can win.....

 

 

series3

[leopard lady]

They have not actually asked for anything on their AQ.

 

I posted their copy of mine this morning and have received my copy of theirs today in the post.

[Series3]

now the court has them they will sort out a date for you.

[leopard lady]

Another miserable stressful Christmas coming up, then. I'm sure they time these things on purpose!!!

[AndyOrch]

The main points to look for on the Claimants AQ are settlement/ Directions/ Costs and applications LL.

 

Andy

[Series3]

Another miserable stressful Christmas coming up, then. I'm sure they time these things on purpose!!!

 

I thought that too, mine started just before xmas a couple of years ago...don't get stressed out though.

go with the flow and stick to the rules.

 

series3

[leopard lady]

Thanks Andy, they are as follows:-

 

section A settlement - answered yes to all 3 questions

 

directions - none

 

costs - £600 to date overall likely to be £2500

 

how long is it likely to be before I have to go to court, please?

[AndyOrch]

You will or should have received a Notice of Allocation...this states the directions and timetable of events for both parties to follow...Standard Disclosure/Exchange/Witness Statements/Pre Trial Check list and lastly the trial date.

 

 

Andy

[leopard lady]

Ok, not had anything yet. They haven't asked for anything on their AQ, will they have to send me what I asked for on mine?

[AndyOrch]

Ok, not had anything yet. They haven't asked for anything on their AQ, will they have to send me what I asked for on mine?

 

It tells you in the directions listed on the Notice of Allocation.(N154)

 

Andy

[leopard lady]

Ok Andy, thanks. Will try and forget about it until that arrives on my doorstep!!!!! Unless theres anything you recommend I do in the meantime?

[AndyOrch]

Give it a couple of days then chase up...its an important document which tells you the dates/directions and timetable to follow.

 

Andy

[leopard lady]

Chase up with Northampton?

[AndyOrch]

No they have transferred it either check with Salford using your claim number or your local County Court.

[leopard lady]

Ok, I'll wait until Friday and try then. Is Salford a central office?