Cabot/morgan Claimform fast track - old Cap1 Card Debt

[simongee]

N150 Allocation Questionnaire completed and sent along with a similar draft order of directions listed on Mani99's claim. Still nothing from Cabots/Morgan Solicitors.

[simongee]

So my Allocation Questionnaire form submitted with draft order for directions to both the court and a copy sent to Morgan's Solicitors before the deadline date.

 

On the weekend, I received a copy of Morgan's completed N150 form too. Absolutely nothing in it whatsoever other than the fact that they have listed an 'Ajay Mitha' as the Witness name. They have left the Other information area blank. Is there anything I should be preparing for the case right now? Does anyone know anything about Ajay Mitha?

 

All help/advice greatly appreciated.

 

Thanks

 

Simon

[molly13]

Hi Simon,

 

In the same boat as you but not yet at allocation stage.

 

Have a look at mani99's thread Re: Advice for next step for Claim from County Court (CPR 31.14 already sent) # 34.

 

Ajay Mitha ..Witness Statement..

 

Good luck.

 

Regards

 

Molly:-)

[simongee]

I wonder whether you can advise/help me.

 

I am fighting a claim by Cabot Financial and my case has been allocated to the fast track (despite the value being in excess of £10,000) for May 2012.

 

In the notice of allocation to the fast track, the judge orders that myself and the other parties prepare for trial as follows:

 

1. Allocation to Fast Track.

2. Standard disclosure by lists together with copies of the documents relied upon by each party by 12 January 2012.

3.Any requests for inspection of documents by 19 January 2012

4. Simultaneous exchange of witness statements by 23 February 2012

5. Listing questionnaires (Pre-Trial Checklists) by 3rd May 2012

 

At this stage, I am focused on Points 2 & 3 above. When I completed the allocation questionnaire I listed Draft Order for Directions. Can anyone advise me what I need to send to the court, in particular by their deadlines of 12th January 2012 & 19th January 2012?

 

I really appreciate your help and advice.

 

Kind regards

 

simongee

[rebel11]

Hi simon

 

Have you been mis-sold PPI on any of your products or have you got any Credit Card Penalty charges?

 

Thread moved to correct forum.

[simongee]

Hi rebel11

 

Thanks for replying so promptly.

 

There isn't a PPI situation with this unfortunately. Not sure about penalty charges - probably have had some in the past. I can have a look at the old statements.

 

simongee

[Guest]

is this your background thread on this http://www.consumeractiongroup.co.uk/forum/showthread.php?321448-Cabot-Financial-Morgan-Solicitors-Court-Action-regarding-a-Capital-One-Credit-Card

[simongee]

Hi Ford.

 

Yes it is.

 

I attach some information from a letter sent to Morgan's Solicitors that they didn't reply to and a copy of my Draft Order For Directions on the Allocation Questionnaire.

 

Any help really appreciated as I need to write to the Court for 12 Jan.

 

Simongee

[simongee]

Hi Ford.

 

Yes it is.

[Guest]

maybe get this merged/continued into that thread with a bump, so anyone posting knows the background straight off. andyorch etc were on your thread? so hopefully they'll look in also

Edited January 10, 2012 by Ford

[rebel11]

Thread merged.

 

maybe get this merged/continued into that thread with a bump, so anyone posting knows the background straight off. andyorch etc were on your thread, so were in good hands!

[Guest]

simon

attachments too small to read

in the meantime have a look at civil procedure rule part 31 and associated practice direction for eg. you'll need to do a list of any docs in your possession whch you rely on etc to send to them in time. and when in receipt of their list make a request to inspect, if required, by the given date.

Edited January 9, 2012 by Ford

[AndyOrch]

Hi Simon

 

Your uploads are to small too decipher.You will have to reload or type out the Allocation Notice/Directions and dates verbatim.

 

Andy

[simongee]

Hi Andy

 

I've tried to upload again but when it hits the website it minimises it 30 times. Any ideas? I'm using the website's built in uploader.

 

Simon

 

Andy

 

I've uploaded it again. All docs are in the one pdf. Hope it works this time.

 

Simon

Court Case.pdf

[AndyOrch]

Ok Simon

 

Standard directions for FT. Firstly your disclosure download here :-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n265(cc)_1005.pdf and complete with the relevant documents that you have referred/relied upon.

 

Andy

[AndyOrch]

Next you will have to prepare your WS and exchange simultaneously with the Claimant by the dates stated.

 

Andy

[simongee]

Hi Andy

 

So firstly I need to complete that qustionnaire and send it into the court with copies of my letter to morgan's and also a copy of the Draft Order of Directions. Is there anything else I need to fill in and return to the court by 12 Jan? A lot of the form asks whether I have found certain documents, etc...

[AndyOrch]

There is really only one section for you (defendant) to complete, section A after signature.Its more for the Claimant as your disclosure will be limited.

You forward this to the claimant not Court and then await which documents they wish to see (if any) and visa versa any they list that you would like to see.

This exchange happens as per the Allocation dates.

 

Andy

[simongee]

What would I write in that section A and what would I send copies of?

 

I really appreciate your comments on this.

[AndyOrch]

What would I write in that section A and what would I send copies of?

 

I really appreciate your comments on this.

 

Anything of use or damage to their claim.Anything you have referred to in your defence and are reliant upon. (not Directions ) as I would assume you would have already served a copy with your AQ to the Claimant.

 

Andy

[simongee]

Andy

 

I have printed off the N265(CC) Standard Disclosure Form to be completed today and sent registered to the court for receipt tomorrow as per your suggestion in your most recent thread.

 

I have to say I am very confused. My case is based upon the fact that until receipt of court action, I had not received any documentation from Cabots or Morgan's Solicitors prior to that date, nor been advised by Capital One that they had assigned their debt to them. I sent Morgan's Solicitors a letter requesting they forward me copies of the deed of assignment, bill of sale, notice of assignment, notice of any changes to the T&Cs of the original agreement, monthly statements, 2 notice of arrears, default notice and letter of impending legal action however they didn't reply.

 

With the form you attached to the thread, do I fill out all sections? Your comments about 3A is a little confusing as I do not have any documents to send in unless you are referring to a copy of the letter in the upload I sent dated 3 October 2011 to Morgan Solicitors.

 

Sorry if I am being thick but I could really use a little more detailed help if you have time.

 

Kind regards

 

Simon

 

Andy

 

I have found a slightly more straight forward N265 form to complete:

 

http://www.oup.com/uk/orc/bin/9780199609369/01student/case_docs/andrew/andrew_n265_ch17.pdf

 

With regard to the 'Standard disclosure by lists together with copies of the documents relied upon by each party by 12th January 2012', I'm not 100% sure I actually need to send anything in other than signing it.

 

With regard to 'any requests for inspection of documents by 19th January 2012', I presume that is when I request copies of deed of assignment, bill of sale, notice of any changes, etc...

 

Would you agree with this and is this slightly easier to navigate form OK to use?

 

Finally would I send copies to both the court office and to the Claimant or just the court?

 

Thanks

 

Simon

[AndyOrch]

Andy

 

I have found a slightly more straight forward N265 form to complete:

 

http://www.oup.com/uk/orc/bin/9780199609369/01student/case_docs/andrew/andrew_n265_ch17.pdf

 

With regard to the 'Standard disclosure by lists together with copies of the documents relied upon by each party by 12th January 2012', I'm not 100% sure I actually need to send anything in other than signing it.Then just sign it and type nothing to disclose.

With regard to 'any requests for inspection of documents by 19th January 2012', I presume that is when I request copies of deed of assignment, bill of sale, notice of any changes, etc... Only if they list them on theirs

Would you agree with this and is this slightly easier to navigate form OK to use? yes whichever

Finally would I send copies to both the court office and to the Claimant or just the court? Just the Claimant standard disclosure is between you and the Claimant

 

Thanks

 

Simon

 

 

Andy

[simongee]

Alex

 

Thank you for your comments and advice. I have completed the N265 disclosure form and posted for next day delivery to Morgan's Solicitors. If I receive their N265 form and correspondence I will advise you immediately.

 

Simon

[AndyOrch]

Alex ????

 

Thank you for your comments and advice. I have completed the N265 disclosure form and posted for next day delivery to Morgan's Solicitors. If I receive their N265 form and correspondence I will advise you immediately. If you don't report it to the Case Manager.

Simon

 

Andy

[simongee]

Sorry Andy - slip of the keyboard!