Claim form from Arrow Global / RBS Mint *** claim Struck Out***

[AndyOrch]

Hi Sick

 

Apologies firstly for the above all irreverent to your dilemma as I'm sure you understand.I knew yours was the N149 hence the above.

I will go through it with you tomorrow in detail if you are around.

 

Regards

 

Andy

[steven4064]

Can I remind all posters on this thread that personal insults, etc are not allowed under site rules. This thread should only contain help for sick as a chip. Take any other conversations somewhere else, please.

[eggy12]

Im not here to cause problems and i believe i have not started one.. I clearly stated that if Sicks case is the same as mine (AQ N150) then he should take a look at my thread... It turns out its not a N150...Im here to ask for help then exchange experience if helpful...

 

I would hope more direction can be focused on Sicks case

 

Oh God im starting to sound like i know what im talking about

 

Eggy

 

N149 for claims below £5000, Mine is £6.5k hence upped a level

 

 

There are 2 types of Allocation Questionnaires, form N149 and N150.

Form N149 should be issued for claims that are considered likely to be handled by the Small Claims Track. See N149 Guide below, and form N150 for more complex or higher value claims. See N150 Guide below

The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.

Since the N150 is usually distributed for claims which are likely to fall outside of the scope of Small Claims Track, it is slightly more in-depth and has a few more sections. However, do not be worried if you receive one and your claim is under £5,000 - it could just be a mistake. There is no harm in completing one of these for smaller claims...

 

http://www.consumerwiki.co.uk/index.php/Allocation_Questionnaire

 

from my own findings on web

 

E

Edited July 5, 2011 by eggy12
added extra

[sick.as.a.chip]

Fab thank you everyone, the consumerwiki link was great thank you. I know I have plenty of time to complete my AQ I just dont want to fall behind again.

I have had letters from both my requests CPR Request and Section 78 Request stating that they are looking into it and will take no further actions but as yet have not had the requested credit agreement or the POC that they stated in the original claim form.

From what I have read is it correct that I should make the judge aware of this on my AQ and add a draft direction order for disclosure of all the previously requested documents??

Thanks!!

[AndyOrch]

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick 'Yes'

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, 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 assessmwent proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way. Switch on tele, crack open beer.

 

Regards

 

Andy

[citizenB]

I have unapproved (hidden) a few posts that were detracting from the advice being given.

 

My apologies to those who would have received cagbots

[sick.as.a.chip]

Andy, just got a couple of questions please

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated (I dont understand this bit? Is that relating to the agreement or interest added on the case. They are just claiming the ammount and not added any interest, its alleged assignment and the Claimant's entitlement to interest again unsure about interest??. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.I have had a letter to aknowledge my letter but not the POC I asked for - should I mention this? And also my Section 78 request which again has been aknowledged but no copy of the agreement has arrived?

I propose the following directions:

1 Unless the Claimant shall have by (date Any suggestions on how long?) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated???, its alleged assignment and the Claimant's entitlement to interest ???, 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 assessmwent proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date again any suggestions on how long?? ) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way. Switch on tele, crack open beer I dont like beer can I have a cup of tea and do my ironing......

[AndyOrch]

Me neither Sick cant think without a brew:wink:

 

The above was just an example and as so you will have to edit to suit,but it will give you an idea of what you can state

and request in order to proceed.7-10 is the normal turn round time on directions.

 

Regards

 

Andy

 

PS dont forget to mention your Sec 77/78 if they still have not complied and state they are now in default

of said request.

[sick.as.a.chip]

Thank you, I'll have a look and re-post here befor I send it off to the court!!

[AndyOrch]

Heres the link to the thread you referred to Sick :- http://www.consumeractiongroup.co.uk/forum/showthread.php?290419-Allocation-Questionnaire..

 

Drowning but not Sunk.

 

Andy

[sick.as.a.chip]

Afternoon!! A little more help please if anyone is around. AQ going into the court in the morning. Can you see if this is ok please??Thanks as always!!The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated and its alleged assignment. By a letter dated 18th may 2011 I asked the Claimant to provide proper particulars of the claim via a CPR 31.14 request. A copy of the letter is attached. I have received no satisfactory reply to my letter. Only an acknowledgement of receipt by Arrow Global dated 15th June 2011.I have also requested by letter dated 1st June 2011 a full copy of my credit agreement. Copy attached. To which only an acknowledgement that they have received my letter dated 7th June has arrived.I propose the following directions:1: Unless the Claimant shall have by 15th August 2011 filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, its alleged assignment, 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.2: In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until 12th September 2011 to enable the parties to settle using the small claims mediation service.

[sick.as.a.chip]

Hi Andy, Ford anyone about??

[AndyOrch]

Afternoon!! A little more help please if anyone is around. AQ going into the court in the morning. Can you see if this is ok please??Thanks as always!!

 

The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the assignment. By a letter dated 18th may 2011 I asked the Claimant to provide proper particulars of the claim via a CPR 31.14 request. A copy of the letter is attached. I have received no satisfactory reply to my letter. Only an acknowledgment of receipt by Arrow Global dated 15th June 2011.I have also made a section 78 requested dated 1st June 2011 a copy attached, this was received by the Claimant 7th and acknowledged but yet to comply and therefore remain in default of my request. I would like to propose the following directions with the Courts agreement:-

 

Unless the Claimant have by 15th August 2011 filed and served upon the Defendant fully particularised Particulars of Claim, a copy the agreement relied upon and the terms and conditions thereof. Its alleged assignment details and copy of any Notice of Assignment referred to, 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.

 

In the event of compliance with paragraph 1 of this Direction this case shall be allocated to the small claims track and there shall be a stay of proceedings to enable the parties to propose any settlement using the small claims mediation service.

 

Flows a bit better now Sick.

 

Regards

 

Andy

[sick.as.a.chip]

Thank you, thats all I need to hear. Will drop it off in the morning and ask if the other side have too!!

[AndyOrch]

Sick you prepare a copy for the Claimants Sol (unsigned) and send it to them with a covering note to state by way of this copy you expect them to reciprocate.

 

Andy

[sick.as.a.chip]

I'll be ok to post that to them tho as it is just the courts timescales that i need to adhere to?

Will get it done in the morning and post before work, unsigned and recorded delivery!!

[AndyOrch]

Yes send their copy when you are ready

[sick.as.a.chip]

Thank you!!

[sick.as.a.chip]

Ok, faxed my AQ to the court and called to confirm it had been recieved. Asked if the other side have sent in there's and its not logged on the system. They do have a backlog so it may be there just not logged yet. Fingers crossed they have not bothered!!!How long does it normally take from here for the judge to decide anyone have any idea's??Thanks

[AndyOrch]

Depends if they respond (they have 28 days or its stayed) or fail to submit their AQ they will get an " Or Else " order.

Once they have filed their AQ you will receive a Notice of Allocation from the court.This will contain further direction on how the claim will proceed.

[sick.as.a.chip]

Quick question off the subject but is it best to let sleeping dogs lie? Some of hubby's old debts still doing the rounds with the DCA's and discussing what the best course of action is? leave it till someone decides to issue a claim against him or start sending the letters off asking for the credit agreements and look down the unenforcable route and deal with them one at a time? Frightened to rock the boat???

[AndyOrch]

I would certainly do a DSAR on any debt just to make sure you (and they) had all the paperwork on each claim should the inevitable happen.

Requesting the CCA separate to the DSAR is always worth while because a non response to a CCA is different to a non response to a DSAR.

So DSAR first and if the CCA is not disclosed then CCA.Section 77/78

Whether it will rock the boat thats a risk you take, we call it prodding the bear and whether is it wise to disturb him. I would say yes because if any of these debts do resurface you will then be in a position to look at the case rather than scrabble around with CPRs and extensions.

 

Regards

 

Andy

[sick.as.a.chip]

Thanks for that Andy!Just rang the court and they have confirmed that the other side have not yet put in there AQ!!!

[AndyOrch]

Thanks for that Andy!Just rang the court and they have confirmed that the other side have not yet put in there AQ!!!

 

Not surprising with that crew Sick.

 

Andy

[sick.as.a.chip]

Do you think its worth ringing the court again?