Help Please with Claim Form!!!

[Honeypot]

Hi Guys

 

John Lewis aren't having none of it. I've recieved an Allocation Questionnaire through the post today. Do I need to fill this in online?

 

Can I still request all my statements from them to work out all the charges as I have not yet done this?

 

Thanks

 

 

xxxx

[AndyOrch]

Hi Guys

 

John Lewis aren't having none of it. I've received an Allocation Questionnaire through the post today. Do I need to fill this in on line? You can download it and complete on screen but you need to print off and post to you local CC and copy the Claimant.

 

Can I still request all my statements from them to work out all the charges as I have not yet done this? Make reference in the AQ that the amount claimed is not accurate

of any debt and request disclosure to quantify any true debt(refer to your defence)

 

Thanks

 

 

xxxx

 

Andy

[Honeypot]

Hi Andy !

 

I always seem to feel more relaxed when you stop by!

 

When I request disclosure to quantify any true debt will they just send me years of statements?

[AndyOrch]

Hi Vicky

 

The AQ is the next part of the process and signifies that the Claimant as received your defence and acknowledged to the Court

it wishes to proceed.However you should use this to your advantage and steer them into either discontinuing or coming to an acceptable settlement.

Any claim can be stopped right up until the trial date and so you now need to complete the AQ(N149/150) to your advantage.

Subject to which AQ you have received the completion is quite straight forward,the important parts are the " other " section G and any proposed directions

(restricted if the N149) as it would be SCT.You need to request any documentation still missing or required to assist your case (statements in your case)

Just post if you are unsure of anything

[Honeypot]

Hi Andy

 

I have a N150 AQ on light orange paper. Can you clear up a question please?

 

I need to complete the AQ of course but do I need to make a formal request as well for all my statements etc so I can calculate what charges have been added etc.

 

Is this a SAR or CPR request?

 

Thanks

 

Vicky

xxxx

[Honeypot]

Hi Andy

 

I'm filling out my AQ and struggling abit. Are you free to lend a hand?

 

These are the bits I am unsure of-

 

1. Do I intend to send a copy of the completed AQ to the other party?

 

2. Do I want to try settle the claim before the hearing and do I want a one month stay?

- I was thinking yes this would be wise but I am not sure

 

3. Have I complied with Pre Action Protocols?

- I am thinking yes as I have done everything correctly

 

4. What amount of the claim is in dispute?

-Is this the amount that is stated on the POC or is the amount for the charges (which I am not sure of yet)?

 

5. Have I made any applications in this claim?

I am thinking the answer is No

 

6. Do I wish to use witnesses or Experts?

I am assumming this is a NO

 

7. Multi Track or Fast Track?

I am thinking Multi Track

 

8. How long do i expect the trial/hearing to last?

I was thinking 30 mins?

 

Thanks

Vicky

xxxx

[AndyOrch]

Hi Andy

 

I'm filling out my AQ and struggling abit. Are you free to lend a hand?

 

These are the bits I am unsure of-

 

1. Do I intend to send a copy of the completed AQ to the other party? Yes

 

2. Do I want to try settle the claim before the hearing and do I want a one month stay?

- I was thinking yes this would be wise but I am not sure Yes

 

3. Have I complied with Pre Action Protocols?

- I am thinking yes as I have done everything correctly No Pre Action Protocol are applicable I am the Defendant

4. What amount of the claim is in dispute?

-Is this the amount that is stated on the POC or is the amount for the charges (which I am not sure of yet)? The Summons amount (not court fees or sol costs)

 

5. Have I made any applications in this claim?

I am thinking the answer is No Correct

 

6. Do I wish to use witnesses or Experts?

I am assuming this is a NO Correct

 

7. Multi Track or Fast Track?

I am thinking Multi Track Fast Track up to 25K

 

8. How long do i expect the trial/hearing to last?

I was thinking 30 mins? 2 hours

Thanks

Vicky

xxxx

 

What Directions do you need to draft VIcky (what do you wish the Court to make the Claimant disclose)?

Regards

Andy

 

 

[Honeypot]

Hi Andy

 

I wanted to see all my statements so I can see all the charges. Should I ask for the CCA and DN and TN as well?

 

I have had them in the past but I have seemed to have lost them (if i recall they seemed pretty in order)

 

So In Section F Proposed Directions do I simply attach a sheet of paper just saying the above?

 

H Fee

Do I leave this Blank?

 

I Other info

I am unsure about

 

xxxxx

[AndyOrch]

Hi Andy

 

I wanted to see all my statements so I can see all the charges. Should I ask for the CCA and DN and TN as well? Request all

 

I have had them in the past but I have seemed to have lost them (if i recall they seemed pretty in order)

 

So In Section F Proposed Directions do I simply attach a sheet of paper just saying the above? See example below

H Fee

Do I leave this Blank? No Fee thats for the Claimant

 

I Other info

I am unsure about See example below

 

xxxxx

 

Section I Other Information

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.

 

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. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

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 these documents must be disclosed before this case can progress any further

 

Draft Order For Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim (if mentioned)

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, .the original must be brought to hearing under cpr directions 16 paragraph 7.3

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

 

You will have to edit to suit Vicky but thats the general format

 

Regards

 

Andy

[Honeypot]

Oh thank you Andy.

 

The fact that I have sent a CCA request a year or two ago that they complied with but I have now lost will not matter will it that i'm asking for it again?

 

The date in the draft oder directions- is it two weeks from today so you mean I state 15th April and 6 weeks for amended defence being 13th May...

 

Thank you so much

 

Vicky

xxxx

[Honeypot]

Andy is this OK as in the POC it just says 'balance overdue in a contract'

 

1 The Claimant shall not later than 4:00pm on 15th April 2011 file and serve a verified true copy of each of the following documents-

[AndyOrch]

Oh thank you Andy.

 

The fact that I have sent a CCA request a year or two ago that they complied with but I have now lost will not matter will it that i'm asking for it again? No you request it as many times as you desire

 

The date in the draft oder directions- is it two weeks from today so you mean I state 15th April and 6 weeks for amended defence being 13th May... Correct

 

Thank you so much

 

Vicky

xxxx

 

 

Dont sign the Claimants copy of the AQ print name

Andy

 

[AndyOrch]

Andy is this OK as in the POC it just says 'balance overdue in a contract'

 

1 The Claimant shall not later than 4:00pm on 15th April 2011 file and serve a verified true copy of each of the following documents-

 

 

Yes they refer to a contract / agreement

[AndyOrch]

Vicky you can also state in "other" the basis of the disagreement that you dont deny you owe monies but the amount claimed is an

untrue reflection of the debt as it contains unfair charges and interest. Be truthful with the DJ and state your case dont try to hide behind

legal spiel as it often comes across as avoidance.

 

Andy

[Honeypot]

Last question -

 

It says on the AQ in Other Information-

 

Have i attached documents to the questionnaire and have I sent to to other parties

 

Do I send a copy of EVERYTHING to Restons?

 

xxx

[AndyOrch]

That would be if you had done a CPR/DSAR/CCA request and they had not responded or their reply was unfavorable.

You have nothing to attach but simply want your statements to quantify the true figure outstanding.

[Honeypot]

Sorry Andy what I meant was I have typed out on seperate sheet of paper my Draft Order For Directions and Other information as there wasnt enough room

So do I photocopy the AQ and my extra sheets and send them to Restons?

xxx

[Honeypot]

Dont sign the Claimants copy of the AQ print name

 

Will the court think I am being funny signing their copy and printing signature on Claimants copy?

[AndyOrch]

Sorry Andy what I meant was I have typed out on separate sheet of paper my Draft Order For Directions and Other information as there wasn't enough room

So do I photocopy the AQ and my extra sheets and send them to Restons? Yes

xxx

 

Will the court think I am being funny signing their copy and printing signature on Claimants copy?

Just leave it unsigned then

if you haven't got a problem with them having your signature ie CCA has been previously provided with your Signature on ,then sign it.

 

[Honeypot]

Hi Andy

 

Do I need to send Claimant a sperate request for all the docs I need or is this covered as I have mentioned it in my draft directions?

 

Thanks

 

Vicky

xxx

[AndyOrch]

Hi Vicky

 

Its already covered in your Directions.

 

Andy

[Honeypot]

Hi Andy

 

Hope you are OK. Ive just spotted a major cock up in my Draft Order for Directions that you helped me with that have been sent to court.

 

Where it says xxxxxxxxxxxxxxxxxxxxxxx for my name and xxxxxxxxxxxxxxxxxxxxxxxxxx for the agreement number I have forgotten to put my name and the account number in!

 

What should I do as I have had a letter back from the court saying it is stayed for one month and gives deadlines for both parties to sort out.

 

Obviously the Claimants/Solicitors know who I am but I am panicking now.

 

Should I send an ammended Draft to them and court with an apology?

 

I feel such an idiot

 

 

xxxxxxxxxxxxx

[AndyOrch]

Good Morning Vicky

 

Yes im fine hope you are. OK dont panic, simply re draft the direction with the complete information and send to

your CC with a covering letter explaining the error.FAO of the Case Manager.

Dont worry about the stay as this is what you requested within your AQ and is procedure, if no attempt is made by either party

to mediate within the stay period the claim will proceed and your Directions will then be considered.

 

Ok for now?

 

Andy

[Honeypot]

Thanks Andy

 

Should I send it to Solicitors as well to be on the safe side as I was thinking they might not send me all the info what I've asked for in the directions as there is no account no?

 

xxx

[AndyOrch]

Shouldn't worry its the court that actions the directions, they have had a copy of your AQ (the Claimant) and know what the the directions refers to.

But if you want to send a renewed copy its up to you.

 

 

Andy