Brian Carter/Arrow Global county court Summons - old MBNA C/card

[eggy12]

Sorry Ford i did not mention the 2 parts, first is For "Other Information second is the Draft order

 

basically this is what i attahed to AQ

 

This was 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 this inhibits the Courts ability to deal with the case.

 

- The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 made it clear in paragraph 29 of

LORD NICHOLLS OF BIRKENHEAD judgment;

29. The courts 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 courts 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

and 63, section 127(4) precludes the court from making an enforcement order.

Its is respectfully requested this case be allocated to the small claims 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

 

 

 

This is Draft Order

 

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;

Copies of any original, signed and certified Default Notice and Termination Notice compliant with s87 and s98 Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, along with proof of service and all evidence to be adduced at trial to be available to the Court during trial hearing;

Copies of any original signed and certified 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;

A schedule setting out each charge applied under the agreement, showing the date, amount, and reason given (if any) for that charge being made and pursuant to which contractual provision such charge was made, producing a copy of the contractual document relied upon;

Whether such charge is accepted to be a penalty, and if not why not;

If such charge is alleged to be a pre-estimate of the Claimants loss incurred by the Defendants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

If such charge is not alleged to be a pre-estimate of the Claimants loss incurred by the Defendants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable;

Copies of any statement or other document relied upon as showing that each and every charge has been made;

A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

Copies of decided cases and other legal materials to be relied upon;

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.

[eggy12]

Any idea on when i will be hearing back to my request to the court asking 14 for disclosure on the AQ ?... Been 7 days now !!

 

Eggy

[Guest]

they're usually a few days behind re post, but could give them a quick call to update.

imo

[AndyOrch]

Any idea on when i will be hearing back to my request to the court asking 14 for disclosure on the AQ ?... Been 7 days now !!

 

Eggy

 

Depends if the DJ as taken any notice of your Draft Directions, the next response will be a Notice of Allocation with further directions for both parties.

 

Andy

[eggy12]

Best i ring them then and see

 

I would suppose that the directions ive given and the DJ response will depend on any response heard from the claimant ?

 

Given most likely none I would therefore hope to get my way... All im asking for is details regarding the claim they have against me !

 

Thanks

 

Eggy

Edited July 5, 2011 by eggy12

[AndyOrch]

Best i ring them then and see No let the Court process it

I would suppose that the directions ive given and the DJ response will depend on any response heard from the claimant ? May be waiting for their completed AQ

Given most likely none I would therefore hope to get my way... All im asking for is details regarding the claim they have against me ! Entirely at the DJ discretion and how he feels is the best way to forward the matter

Thanks

 

Eggy

 

Regards

Andy

[AndyOrch]

Best i ring them then and see No let the Court process it

 

I would suppose that the directions ive given and the DJ response will depend on any response heard from the claimant ? May be waiting for their completed AQ

 

Given most likely none I would therefore hope to get my way... All im asking for is details regarding the claim they have against me ! Entirely at the DJ discretion and how he feels is the best way to forward the matter

 

Thanks

 

Eggy

 

Regards

 

Andy

[caro]

7 days is not long in court terms eggy. I tend to agree with andy that you should let them process it.

[eggy12]

did not get round to ringing them.... Had to sort out warrant of entry regarding energy suppliers today, got that withdrawn.. Will post in my other thread what happened 2morrow as a whole lotta sh**t went on..

 

Regards Eggy

 

well its all happening today...

 

First letter opened is from court ordering that claimant does not fill in AQ buy 14th July the claim is struck out.

 

Second letter opened is from Arrow with a copy of there AQ dated 4/7/11

 

 

First thing ive noticed is that including there costs on claim form it totals 6700 so that is what i disputed..on this AQ from them they dispute 5900 !!

 

They have asked for it to go small track as its only a moderate amount over the £5000 limit

 

Thats it really no directions, they expect it to last an hour and a half

 

Regards

 

Eggy

[eggy12]

Latest update (in short)

 

On or before late July the following steps must be taken

 

Standard Order for Stay for settlement with consent of all the parties

 

Claim stayed till early August to enable the parties to attempt settlement.

 

either

 

the claimant notify court that the whole of the claim has been settled

 

or

 

claimant and defendant write to court requesting an extension of stay explaining why

 

or

 

all parties must file a completed AQ at the court where a settlement of some of the issues in dispute has been reached.. A list of issues must be attached. The list must be agreed with the other parties and must indicate it has been agreed

 

Still should be in my favour as nothing yet regards any agreement and the likes

 

Eggy

[eggy12]

OK got all the junk sent to me.. Lots off charges and al that.. How do i go about counter claiming for these ?

 

Thanx Eggy

[eggy12]

Little stuck still, Ok they have the agreement and sold on notice, but how would i progress from here regarding asking for charges to be wiped off ?

 

Thanks

 

Eggy

[rebel11]

Hi Eggy

 

You've got a list of all the charges, you need to enter the charges onto the spreadsheet. The spreadsheet will work out the contractual interest. Spend off the spreadsheet with a template letter to recover the charges. Send it Recorded.

 

http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Read 1, 2 and 3 in my signature.

 

I'm not sure how you can counter claim in the same action. But I've flagged up for the team.

 

Is it a reconstructed agreement ?

[eggy12]

Not a list of all charges just some.. If i ring them and ask them to knock off all charges i will agree to the CCJ ?

 

Eggy

 

Original agreement on micro

Edited July 25, 2011 by eggy12

[havinastella]

you need to use the right to 'offset' rather than counterclaim which costs money!

 

Have a look for Havinastella v Blackhorse

 

Jogs

[eggy12]

Is this ok for withdrawing my defence ?

 

 

Arrow Global v Eggy12

 

To the Court Manager

 

Having on the 23rd July 2011 received the documents regarding my CPR 31.14 request sent to the claimant 13th May 2011, I would now ask the court that I withdraw my defence and admit to the claim of £5942.11 as stated in the claimants allocation questionnaire to the Court dated 27th June 2011.

Although I admit to this claim I must state a settlement has not been reached between us regarding repayment of the debt after my offer of £1 per month .

 

Yours faithfully

 

Eggy12

 

The original claim was for 6700 they state that the amount in dispute in there AQ is the above amount !! I take it interest and costs make up the first figure ?

 

Eggy

[aciesielski]

How did that go Eggy, I am in a similar situation to you?

[eggy12]

not gone through the court yet,

 

 

ive admitted the debt,

they wont take £1 a month so it will go court for the judge to decide.

 

 

I changed my plea and have yet to here some thing.

 

 

Will update as and when

 

Eggy

[eggy12]

Advice needed as to how best proceed

 

OK As ive withdrawn my defence the court has ordered Forthwith for the total amount.. Ive offered A/Global £1 per month in writing and sent of my I&E but have heard nothing.

 

It i s ordered that

 

1 There be Judgement for the claimant for the sum claimed and fixed costs as on a default judgement

 

2 Because this order has been made by the court without considering representations from both parties, the parties have the right to apply to have the order set aside, varied or stayed.

Any party wishing to make an application must within 7 days of receipt of this order, send or deliver the application to the court (together with any appropriate forms).

 

 

Any help getting a court order for the £1 per month would be extremely helpful as i not sure where to get this from

 

Regards eggy

[AndyOrch]

Advice needed as to how best proceed

 

OK As ive withdrawn my defence the court has ordered Forthwith for the total amount.. Ive offered A/Global £1 per month in writing and sent of my I&E but have heard nothing.

 

It i s ordered that

 

1 There be Judgement for the claimant for the sum claimed and fixed costs as on a default judgement

 

2 Because this order has been made by the court without considering representations from both parties, the parties have the right to apply to have the order set aside, varied or stayed. N244 application for a redetermination (within14 days) include a I&E and a proposed offer of mthly payment

Any party wishing to make an application must within 7 days of receipt of this order, send or deliver the application to the court (together with any appropriate forms).

 

 

Any help getting a court order for the £1 per month would be extremely helpful as i not sure where to get this from

 

Regards eggy

 

Regards

Andy

 

[eggy12]

Thnx A .. Your input is always appreciated.. Does this cost a penny or two ?

 

Will have a closer look 2morrow night... Order was made yesterday so have a few days ! I best pop in to court and get form, unfortunately my local is only open twice a week now so gotta get the timing right

 

Best regards

Eggy

 

extra

 

Does a forthwith judgement mean they can over ride a judgement even if i do keep up with said payments and get a charging order

[AndyOrch]

Zero charge for a Redetermination:wink:

[eggy12]

sweet,, thanks for the info. Added extra to last post ! Im sure i read a post saying someone got a charging order on a redetermination even though the person kept up with the payments ordered as the original judgement was forthwith

 

Eggy

[AndyOrch]

In theory no as long as you dont default on the installment but as I'm sure you have seen on many thread DJs are allowing ICO applications

irrespective but only after an hearing and not on default Judgments.The Mercantile credit case is still valid subject to how the judgment was granted.

 

Regards

 

Andy

[eggy12]

Ive found a web page with the N244 form on it found here

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

but im unsure how to word a judgement to be made to make monthly payments in the box asking

 

"What order are you asking the court to make and why"

 

Would it be that simple just to put in the box

 

"The defendant offers the claimant £1 per month as per attached Income and Expenditure sheet showing disposable income"

 

??

 

Any advice or pointers inn the right direction most appreciated

 

eggy