Arrow/Carter claimform - Halifax Card Debt

[AndyOrch]

Hi Frosty and welcome to Cag

 

In the event that they don't disclose (and they wont) and they wont agree to an extension ( as they have stated) I cant see any other alternative but to submit an holding defence.They will have to disclose at either AQ or Standard Disclosure but Im sure it wont go that far once a defence as been submitted.

 

Regards

 

Andy

[AndyOrch]

Hi Sinead

 

Big blue button at the bottom & Top of Legal forums index + Post New Thread. (left hand side)

 

Regards

 

Andy

Edited February 29, 2012 by Andyorch

[AndyOrch]

Thanks for looking over this Andy.

I can see that Phaitun is having the same problem as me. As you say I can't see any point of extending the time and will look into the holding defence. I see you have drafted a defence for Phaitun, I guess we are just the same.

 

No problem Frosty, the defence I drafted for Phaitun is just an example of vagueness for your response, feel free to add to it or remove.

 

Andy

[AndyOrch]

Hi Frostydog

 

Is it possible to scan in what you have received less any identifiable data ? Dont worry about the AQ just yet but when must you submit it by?

 

Regards

 

Andy

[AndyOrch]

Thats far too small Frosty can you upload it as a PDF?

 

Andy

[AndyOrch]

Ok Frosty

 

It is an application but I would say its either a second stage or a pre approved (hence your personal details being typed in).Its barley legible and unless there is an over leaf or reference to page 2 there are no perscribed information(that I can decipher)

 

the amount of credit

the credit period

the total amount payable

examples of the amount payable if the debt is repaid early

the interest rate

the annual percentage rate (APR)

any other fees or charges - eg for missing a payment

 

Any agreement that is not laid out in the perscribed manner CCA1974, enforcing a credit agreement will only be possible using a court order. Certain agreements that were made before 6 April 2007 may not be enforceable at all.

 

Regards

 

Andy

[AndyOrch]

You don't need an agreement with Arrow as this one has been assigned.They simply take over from the original creditor.With regards to your defence what you have submitted is sufficent for now lets see if they proceed after AQ.

 

Andy

[AndyOrch]

Nudge me nearer the time for your AQ, lets submit it and see what reaction we get, I personally would not feel confident relying on that application if I were the Claimant.

 

Regards

 

Andy

[AndyOrch]

Duplicate

[AndyOrch]

Hi frosty

 

Simply a case of their incompetence and what you will have to deal with if this proceeds.Have they completed the N150? N149 does not request a figure?

 

I assume you are completing the N149 on the figure you state above?

 

Here is an example you will have to edit to suit as obviously all AQ,s are unique.

 

 

 

The claim has been defended so it has been transferred to your local court.

 

This is where the AQ comes in. It's a bunch of questions the answers to which will help the court manage the case.

 

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

 

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' ( 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.

 

I would advocate downloading the form and completing on screen (more professional) then run 3 copies Court/Claimant/File ( Sign their copy uniquely)

 

There as been recent changes to the N149 recently so the above may be out of sync.

 

Regards

 

Andy

[AndyOrch]

Ah OK you are just over the threshold, or are you!!!!! if you include the costs and legal fees (which they shouldn't). The amount in dispute is £4999.00. This is a SCT claim (Small Claims Track) and you should be completing the N149.You can still complete the N150 but you state this is SCT in which track.

 

 

 

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 but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £4999.00

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Xx xxxxx All the facts in the case (you)

 

 

 

Experts No

 

Small Claims Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the SCT,The Claimant as included their Costs and Court Fee to exceed the threshold.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.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 2 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? YES/NO?

 

Xxxx xxxxx 1st – 14th October Inclusive.Example

 

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 (For the Claimant only)

 

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? Same date as AQ completion

 

Do you intend to make any applications in the immediate future? Leave Blank

 

If Yes, what for?

 

 

 

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

 

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 full and particularised 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

 

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.

 

___________________

 

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:

 

o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o 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

 

o 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.

 

 

Edit to suit.

 

Andy

[AndyOrch]

Be mind full Frosty that this claim must be tracked to SCT if they get it into Fast Track ( which may happen as you already have the wrong AQ,s) you are more liable for costs.

 

Andy

[AndyOrch]

Its rather annoying that the Claimant is allowed the leniency but Im afraid there is little else you can do but accept the new time frame.They still have to disclose though no matter what date.

 

Regards

 

Andy

[AndyOrch]

Hi Frosty

 

The hearing will be to confirm that all directions have been followed ( I assume you are in receipt now of all documentation pertaining to the claim?) and any other issues to be clarified before the claim proceeds.

 

Regards

 

Andy

[AndyOrch]

No not the main trial its just a directions hearing...you should raise the above points at the hearing.

 

Andy

[AndyOrch]

Sorry not heard of one of these I just thought now it went to a hearing. What usually happens at a directional hearing then? Sorry something i have not experienced before.

 

 

 

Already stated post#32