Jump to content


Incasso / natwest ccj


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3369 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello CAG friends,

 

Today I have received a court claim form filed by Incasso on behalf of Natwest at Northampton. The particulars of claim seem correct but the amount is around 2 months out of date, as it does not deduct the last CCCS DMP payments. To cut a long story short, Natwest despite being my smallest creditor have steadily rejected my DMP repayments as "too low". In fact, the amount the CCCS has been paying them is almost 25% of the combined DMP repayments, when the amount I owe them for the current account overdraft is actually less than 12% of my total unsecured debts.

 

I am completely ignorant about what to do next. The form was received late and I am scared I would miss the 14 days deadline. What should I do next??? Do I go for the online Acknowledgement of service to get 28 days? If so, what then?

 

PLEASE HELP!!!!

Link to post
Share on other sites

I would suggest putting in the Acknoledgement so you have some extra time.

 

File your defence with the court stating the payments that you can offer along with any paper copies of your offers, do not make any offers or enter into communications on the phone, only do them in writting (hopfully you have done this and have copies)

 

Your only real choice is to attend the court and explain by use of a means test what you can afford, if the amount you have offered is fair in respect of what you can afford then the judge will allow you these payments.

 

Unfortunatly you can't stop them taking county court action, although the other point to consider is if you have made payments and they have been accepting them because if this is the case I believe you may be able to take a different course of action, I can;t remeber what the name for this is but someone else here I'm sure will pick up on this point for you.

 

rgds

Link to post
Share on other sites
  • 3 weeks later...

Hi guys,

I just received my response from incasso about my 31.14 request, which they are denying because the claim will be allocated to a SCC. I would appreciate some advice, my defence is meant to be in by next Tuesday and I have very little time left.

Thanks

PS: I cannot post links yet, please add copy and past address below

dl.dropbox.com/u/12391384/LastScan%208%20b.jpg

LastScan 8 b.jpg

Link to post
Share on other sites

Hi asterion,

As this is an overdraft there won't be a signed agreement (usually) anyway. However it does fall under the CCA in that they should have sent you a copy of the terms and conditions when the od was agreed. Have you done a SAR request?

I always thought that if a track hadn't been allocated yet then 31.14 still applied.

Hopefully pt can advise on this.

 

On what basis are you defending? (If your case isn't strong, as an alternative you might want to do some research on Time Orders.)

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites
Hi guys,

I just received my response from incasso about my 31.14 request, which they are denying because the claim will be allocated to a SCC. I would appreciate some advice, my defence is meant to be in by next Tuesday and I have very little time left.

Thanks

PS: I cannot post links yet, please add copy and past address below

dl.dropbox.com/u/12391384/LastScan%208%20b.jpg

 

Asterion,

Your case is currently trackless, AND they know it, write immeadiately ( Registered post) give them say 7 days to provide the details, otherwise you will report their behaviour to court. No pussyfooting around OK.

Link to post
Share on other sites

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

Hi

What exactly do the poc state (in particular, which docs are actually mentioned) and what exactly did you ask for?

This will help us to know what action next. I note that Incasso state that you point out the claim will be allocated to the small claims track. Is this true? if so, it might be worth writing again with a revised 31.14 request but add that you made an error in your first request about allocation as of course, it is trackless at the moment and only the judiciary can decide on allocation etc. You must also ask them to agree to an extension of 28 days to submit your defence under CPR 15.5 (request for extension to organise your defence).

If you post any draft up here we can check it over for you, as long as we know what was in their poc. Might also be worth telephoning incasso about an extension (I'd try and record the call too, if possible) and telling them your request is on the way and will they verbally agree to it now?

 

What date does your defence need to be in by?

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

Link to post
Share on other sites

POC below. Many thanks!

 

Particulars of Claim

The Claimant's claim relates to outstanding

bank accounts maintained by the Defendant

with the Claimant as follows:

Sort Code Account No Net Amount

xx-xx-xx xxxxxxxx [under £4,000]

The Claimant is the holder of a licence under

the Consumer Credit Act 1974. The Claimant

has made demand/issued default notice in

respect of the outstanding accounts. The

defendant has failed to repay and or the

default notice has not been complied with.

The total amount outstanding set out above

includes accrued interest at the relevant

agreement rate (contractual) from the date of

demand/termination date to the date of issue.

And the Claimant Claims

1. [under £4,000]

2. Costs

3. Interest pursuant to Section 69 of the

County Courts Act 1984 until Judgment

The Claimant believes that the facts stated in this claim

form are true and I am duly authorised by the claimant

to sign this statement

 

Amount claimed [under £4,000]

Court fee 85.00

Solicitor's costs 0.00

Total amount [under £4,000]

Link to post
Share on other sites

What p***es me off the most is that they have taken as long as possible to reply to my letter. My CPR request was sent 1st class recorded and they should have received it next day. They took over a week to write a back and then it was only posted 2nd class (unfortunately, I think I bined the envelope). In their last paragraph, I think they were trying to say the would also oppose to 31.18 but mistakenly repeated 31.14 again.

 

A copy of my original letter is copied below:

 

CPR 31.14 Request

On 8 February 2011 I received the Claim Form in this case issued by you out of the Northampton county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1.
the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2.
the default notice

3.
the termination notice

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Link to post
Share on other sites

I'm no expert at all, but now your poc are up, maybe someone else can confirm or not, but I don't think they can claim Interest pursuant to Section 69 of the County Courts Act 1984 for a claim brought under CCA. I may be wrong, but I'm sure someone else will come along and let you know.

ok, so you only have till Tuesday. It looks like you will probably have to submit an embarrassed defence. You can do this online.

See if this might help? Have a look and then get it sent off. Telephone them and ask about agreement to an extension - very doubtful but maybe worth trying. How are you clued up on embarrassed/holding defence? If you can't find one to use, I can point you in right direction. Post up here first and get it checked it out.

Dear XXXX

Thank you for your recent reply to my CPR 31.14 request, dated xxxxx. However, as a lay person with very limited knowledge of the law and its workings, I am very disappointed that you fail to comply with the spirit of my request and deny me access at this stage to documents you are relying on to proceed with your claim and on which I therefore need to construct my defence. I did say that this case may end up on the small claims track, but in reality, you know as well as I do that it is not my decision to make and only the judiciary can decide this, based upon the complexity of the case according to the evidence and statements presented to them. At this moment, this case is trackless and therefore you should comply without delay. As to the 'contract/agreement' I mentioned, maybe I should have been more precise and stated that I require the original contractual terms and conditions from when the account was first opened. However, because you actually use and rely on the word 'agreement' in your POC I presumed you would understand that is why I am asking for it.

 

In view of your failure to help me by disclosing the requested documents, I hope and anticipate that you will immediately agree to a 28 day extension under CPR 15.5 in order for me to organise my defence after receiving the requested documents. If it helps, I also include an ammended request. Time is now of the utmost essence.

Yours sincerely xxxx (enc)

Ammended letter to include with the above.

 

On 8 February 2011 I received the Claim Form in this case issued by you out of the Northampton county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1.
The contractual terms and conditions that formed the original contract. Further, that any general conditions incorporated in the contract should also be attached.

2.
the default notice

3.
the termination notice

4. A statement of account that you depend upon

This case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me by return post. You were originally given 7 days of receiving my first letter requesting disclosure of documents. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

[/Quote]

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

Link to post
Share on other sites

Forgot to add, you were wrong when stating agreement had to be attached - for some bizarre reason, doesnt count when a claim is brought via online, even though the sensible alternative would be that if it cant be attached it should be sent separately to defendant asap.

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

Link to post
Share on other sites

Thanks very much. I used your letters and sent them special delivery this afternoon. I will ring tomorrow to confirm they have received them. I will keep you posted

Link to post
Share on other sites

I am really stressed right now, I have to admit. I am meant to submit an embarassed defenced by tomorrow and have no idea how to do it. I am sorry for asking for help again. As I expected, I have not got a response to my last letter yet.

Link to post
Share on other sites

Not really sure if this is the best way to do it. Please read on. I need any advice I can get:

 

1.
IN THE NORTHAMPTON COUNTY COURT Claim No xxxxxxxxxx

 

 

Between

 

 

 

NATIONAL WESTMINSTER BANK PLC

 

 

and

 

xxxxxxxxxxx

 

 

 

Defence

 

 

 

1. I Xxxxxxxx of xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by National Westminster Bank PLC.

 

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

 

6. The courts powers of enforcement in cases relating to 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 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. 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

 

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

 

 

 

 

 

 

Pre-action protocols

 

9. The claimant National Westminster Bank PLC has failed to follow the pre-action protocols insofar as they did not attempt to enter into any negotiations to try and resolve the issues. The claimant repeatedly rejected any reduced payment offers as part of a Debt Management Plan managed by the Consumer Credit Counselling Service (CCCS) in an unreasonable manner. Despite the fact that the claimant was already receiving the biggest share of the DMP payments allocated by the CCCS.

 

The Request for Disclosure

 

 

10. Further to the case, on 14 February 2011 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 documents referred to in the particulars of claim, including any default or termination notices.

 

11. 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

 

12. 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 Default Notice

 

13. 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

 

14. It is neither admitted nor 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

 

15. Notwithstanding point 14, 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)

 

16. 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

 

 

Conclusion

 

17. 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

 

18. 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

 

19. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined 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.

 

 

Statement of Truth

 

 

I Xxxxxxxx believe the above statement to be true and factual.

 

 

 

 

 

Edited by asterion
Link to post
Share on other sites

Hi, submit your defence. The courts don't even look at the content. It will be put in your case file, and because you have submiited your intention to defend, the case is automatically transferred to your local court.

You will recieve an Allocation Questionaire, with this you will attach a "Draft Order Directions". If the claimant chooses to continue, the judge will order them to produce the documents they refer to in the claim and rely upon to enforce judgment.

 

If they get judgment, the account will be frozen. The CCA prohibits post judgment interest on overdrafts.

Link to post
Share on other sites
  • 5 weeks later...

Hi guys,

 

I received a response from incasso regarding my reminder, completely disregarding my request and saying they would not agree to an extension. No need to say they have not sent me any of the documents I asked for. Do I need to inform the court? If so, how?

 

Now I need to complete the allocation questionnaire and have various doubts:

  1. Do I agree to mediation service?
  2. Do I agree to small claim track or should I point out I am still waiting to receive the documents I requested when the case was trackless (well, still is)
  3. Under other information, should I point out that incasso completely ignored my release request? Woulod you also mention they are refusing to accept my DMP despite being my smallest creditor?

Thanks

Link to post
Share on other sites

IMHO,

1.mediation would help you, rather than them,

2. Your embarrassed defence still stands, there may not be much mileage in writing again, you'll just inform the court of their failure. ( why give them a second chance)

3. Thatll be for mediation, you'll inform the mediator of their unreasonable behaviour and the fact you have other creditors on your plan who could be disadvantaged by their action.

Link to post
Share on other sites

see if any of the following helps. Don't forget Undercover elsa's advice regarding time orders and that there will not have been a written agreement as such because it is for a bank account. In my own opinion, the best solution for you is an improved agreement regarding payments. If you continue on the 'court' route, you may end up with several thousands of pounds costs on top of your debt, so think carefully and look to 'time orders'.

ALLOCATION QUESTIONNAIRE

 

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

 

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.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? Total amount

 

Applications

 

Witnesses

 

No

 

Experts No

 

Track Small claims track

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 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? 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 Leave blank

 

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? No

 

If Yes, what for?

 

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

 

DO NOT COPY THE SECTION BELOW. IT IS NOT PERTINENT TO YOUR CASE BUT I HAVE LEFT IT IN SO YOU CAN SEE WHAT KIND OF INFO YOU COULD WRITE IN HERE.

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 main crux upon which this claim rests, and the proposed directions identify this issue and will allow it to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

Failure of the claimant to supply the requested documentation will inhibit the court’s ability to deal with the case.

 

It is respectfully requested this case be allocated to the Small Claims Track. It is a straight forward case where the claim fails if the original agreement together with financial statements sent to the defendant do not exactly match each other in relation to the ‘prescribed terms’. Under s172 of The Act all the aforementioned documents are binding on the creditor if given under s78 of The Act. This claim could be resolved on production of the required documentation, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. CPR Practice Direction 32, 13.1 states ‘provided originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.’

 

Therefore it stands to reason that this original 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 any statement or other document relied upon within the claimant’s particulars of claim, namely:

1. The contractual terms and conditions that formed the original contract. Further, that any general conditions incorporated in the contract should also be attached.

2. the default notice

3. the termination notice

4. A statement of account that is depended upon

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

 

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

 

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.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? Total amount

 

Applications

 

Witnesses

 

No

 

Experts No

 

Track Small claims track

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 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? 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 Leave blank

 

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? No

 

If Yes, what for?

 

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

 

DO NOT COPY THE SECTION BELOW. IT IS NOT PERTINENT TO YOUR CASE BUT I HAVE LEFT IT IN SO YOU CAN SEE WHAT KIND OF INFO YOU COULD WRITE IN HERE.

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 main crux upon which this claim rests, and the proposed directions identify this issue and will allow it to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

Failure of the claimant to supply the requested documentation will inhibit the court’s ability to deal with the case.

 

It is respectfully requested this case be allocated to the Small Claims Track. It is a straight forward case where the claim fails if the original agreement together with financial statements sent to the defendant do not exactly match each other in relation to the ‘prescribed terms’. Under s172 of The Act all the aforementioned documents are binding on the creditor if given under s78 of The Act. This claim could be resolved on production of the required documentation, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. CPR Practice Direction 32, 13.1 states ‘provided originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.’

 

Therefore it stands to reason that this original 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 any statement or other document relied upon within the claimant’s particulars of claim, namely:

1. The contractual terms and conditions that formed the original contract. Further, that any general conditions incorporated in the contract should also be attached.

2. the default notice

3. the termination notice

4. A statement of account that is depended upon

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

< < < < If I can help I will and if I have helped please tip my scales. :|

Please keep this site alive by downloading the great new CAG toolbar - keeps all your subscribed threads in one easy to use place. http://consumeractiongroup.co.uk/cag_plugin.php Use the search facility regularly and CAG generates much needed money!

Link to post
Share on other sites

Thanks a lot. I don't know what to do. I would rather they just stick to their allocated share of my DMP. I am now due with the CCCS for a review, which I have been holding back because of them. Not knowing what to do is killing me.

 

Manchestman, what was the part you asked me to ignore, was it the Draft Order for Directions? I had put something together but it is just a reshuffle of my defence. If they were to present the documents at the last moment, I am sure if it would stand any ground. My biggest concern re Time Orders is the up-front fee and that they may still not work. I need to do some more research. In the meantime, how wise would it be to include the attached DOD?

 

IN THE XXXXXXXXXXXXCOUNTY COURT Claim No XXXXXXXXXXXXCOUNTY

 

Between

XXXXXXXXXXXXCOUNTY

and

XXXXXXXXXXXXCOUNTY

 

On XX XXX 2011 and XX XXX 2011 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 documents referred to in the particulars of claim, including any default or termination notices. 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 a comprehensive defence without disclosure of the information requested, especially given that I am Litigant in Person. I respectfully ask the court to use its case management powers to order the claimant to disclose the information requested 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.

 

 

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

1. Copy of the contractual terms and conditions that formed the original contract. Further, that any general conditions incorporated in the contract should also be attached;

2. Copies of all statements of the account upon which his claim relates, from the date the agreement relied upon was concluded between the two parties to the date of termination thereof;

3. Copies of all Statutory Notices served upon the Defendant pursuant to said act and said regulations that have been issued prior to commencement of these proceedings, originals of said notices to be produced at the Trial or final hearing;

4. Copy of documentary evidence that substantiates Proof of service of all Statutory Notices served upon the Defendant, including Termination and Default;

5. A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

6. Copy of any other document(s) relied upon in support of his claim.

 

 

In Default of this order or any part thereof, the claimant’s claim be struck out without any further order or notice.

 

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

 

His sufficiently particularized amended response/defence to the statement(s) and document(s) supplied by the claimant, to include any defence set off or counterclaim, in the form of his signed Statement of Truth and copies of any documents he intends to rely upon in these proceedings. Costs be awarded to the Defendant for time spent preparing and filing/serving his response to the claim

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...