**URGENT**Help needed with defence against Restons/HSBC

[AndyOrch]

Need to return it signed then Kay (sign it in a unique way) line through Sig or different slant.

 

Regards

 

Andy

[gezwee]

Thought the w/s at post #85 of this thread may assist, point 19 [amalgamation/consolidation] may prove to be the case here too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?331427-Robinson-Way-lifting-a-stay-on-a-County-Court-claim-made-in-July-2009-Happy-Christmas!!/page5

 

Original accounts defaulted 5 days post termination, followed by consolidating both to a single current account

 

Gez

[kayastley]

Hello everyone,

Sorry that I've not updating how things are going, but a new job and a house move has been responsible for that. Right! I have received an allocation questionnaire from the Court. The hearing has now been transferred to our local court and I just need a little help filling in the AQ. STILL have not received any requested paperwork from Restons following CPR requests. Not quite sure what to put in the AQ.

Any help gratefully received.

With kind regards

Kay

[AndyOrch]

Hi Kay

 

Recalling the details of your claim I am assuming its the N150 AQ you need to submit?

 

Andy

[kayastley]

Hi, yes it's the N150 aq.

With thanks

Kay

[AndyOrch]

Ok Kay

 

Here is a completed N150 obviously don't copy it word for word but edit to suit your circumstances.

 

 

 

 

1. 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?

 

No/Yes?

 

Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.

 

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? £ XXXXXXXX

 

Applications

 

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

 

Witnesses

 

Xx xxxxx All the facts in the case

 

 

 

Experts No

 

TrackFast 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 Fast 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.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? X 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 Xxxxxxxxx Inclusive.

 

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

 

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? YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

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 proper 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 Fast 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.

 

 

Just post if you are unsure of anything.

 

Regards

 

Andy

[kayastley]

Hi Andy, thank you so much for the expert help. Two things that need clarification tho, if you could be so kind.

1. Under witnesses - xxx all the facts of the case xx should I produce a statement of truth, bulleting all the actions we have taken, including letter received/sent. I think there is an example of a claimants witness statement on the link within Gez's post #52. I know that it would need amending to reflect my circumstances but just wondered if I could use that as a template?

2. Restons phoned me yesterday after I sent an email requesting the reason why they had ignored my original offer of payment of £xxpm as advised by Metropolitan CS. The woman on the phone told me that it was because it would take too long for full repayment of the debt and that this was not in their clients interest, although the same payment arrangment would be acceptable if I voluntarily agreed to a charging order being placed on the property!! She told me that they were applying to the Court for an immediate CO. I declined her gracious offer of help and asked her to clarify why Restons thought it possible to obtain a CO when there was no Court repayment order in place, let alone one that had been defaulted on! She informed me that I was wrong in my opinion and that Restons could obtain a CO immediately. She also advised me that in her experience, a CO was most definately going to be the outcome. I responded by stating that I believed it was for a Judge to decide and not Restons.

At the end of the conversation, I advised Restons that we would like to resolve this matter amicably but they refused to budge unless I agreed to a CO. I asked her to send me written confirmation of the details of our conversation, outlining the points discussed. She refused, stating that all the calls were recorded so there was no need! I asked again, stating that it was common-practice and also within my rights to receive a written summary of the conversation and as the calls were recorded, there should not be any problem in collating a summary from the transcript.. She eventually agreed but surprisingly it has not been forth-coming!

Right, the question is...should I make reference to this in my witness statement and if I don't received any written confirmation, is it worth doing a FOI request or is that just surplus to requirements?

I really don't know what I would do without you lovely people on CAG to help me! You're worth your weight in Gold, my friends.

With kindest regards

Kay

[AndyOrch]

Hi Andy, thank you so much for the expert help. Two things that need clarification tho, if you could be so kind.

1. Under witnesses - xxx all the facts of the case xx should I produce a statement of truth, bulleting all the actions we have taken, including letter received/sent. I think there is an example of a claimants witness statement on the link within Gez's post #52. I know that it would need amending to reflect my circumstances but just wondered if I could use that as a template? No you are just submitting who is a witness should this proceed to trial

2. Restons phoned me yesterday after I sent an email requesting the reason why they had ignored my original offer of payment of £xxpm as advised by Metropolitan CS. The woman on the phone told me that it was because it would take too long for full repayment of the debt and that this was not in their clients interest, although the same payment arrangment would be acceptable if I voluntarily agreed to a charging order being placed on the property!! She told me that they were applying to the Court for an immediate CO.They have not got judgment yet a little knowledge is dangerous I declined her gracious offer of help and asked her to clarify why Restons thought it possible to obtain a CO when there was no Court repayment order in place, let alone one that had been defaulted on! She informed me that I was wrong in my opinion and that Restons could obtain a CO immediately. She also advised me that in her experience, a CO was most definately going to be the outcome. I responded by stating that I believed it was for a Judge to decide and not Restons. Correct

At the end of the conversation, I advised Restons that we would like to resolve this matter amicably but they refused to budge unless I agreed to a CO.Thats all they ever want no payment arrangements]or settlement I asked her to send me written confirmation of the details of our conversation, outlining the points discussed. She refused, stating that all the calls were recorded so there was no need! I asked again, stating that it was common-practice and also within my rights to receive a written summary of the conversation and as the calls were recorded, there should not be any problem in collating a summary from the transcript.. She eventually agreed but surprisingly it has not been forth-coming! Dont hold your breath

Right, the question is...should I make reference to this in my witness statement and if I don't received any written confirmation, is it worth doing a FOI request or is that just surplus to requirements? Its not required its superfluous to the process she was probably the coffee lady:wink:

I really don't know what I would do without you lovely people on CAG to help me! You're worth your weight in Gold, my friends.

With kindest regards

Kay

 

Post up your completed draft Kay before submitting one to Court signed, one to Pestons unsigned.

 

Regards

 

Andy

[kayastley]

Good evening! Sorry for the lateness but I have just finished work. Thank you Andy for your previous comments, they made me chuckle:lol:. I have scanned my completed AQ and draft directions for the court and they are attached (final page on following post) Please would you have a quick look and highlight anything that needs amending/altering. Any probs with the upload, let me know.

With warmest regards

Kay

[kayastley]

Hi, as stated additional link below. Sorry the pages are out of sync.

Thank you

Kay

 

[AndyOrch]

Hi Kay

 

You need to upload them as PDF,s JPG,s too small.

 

Regards

 

Andy

[kayastley]

Sorry Andy,

this attachment should be PDF.

With thanks

Kay

 

Scanned AQ upload.pdf

Edited May 3, 2012 by ims21

[AndyOrch]

Courtesy of DX100

 

 

scan the required letters/agreements/sheets

as a picture[jpg] file

don't forget you can use a mobile phone

or a digital camera too!!

or convert them to .PDF

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[ims21]

Here you go

 

ScannedAQUpload.pdf

 

ims

[kayastley]

Why won't these bloody things upload!! Following all the instructions but it isn't doing what it says on the tin! ahhhhh!!!!!!

Scanned AQ upload.pdf

[kayastley]

:oops:THANK YOU

[AndyOrch]

Thank you Kay and ims21

 

Kay I would reconsider point 1 re settlement and tick yes and request 1 months stay delete the reason 4 for no and don't tick the mediation box.Otherwise yes its fine.The overriding object is to try to settle and encouraged by all courts, wouldnt want this to go against you before it even kicks off.

 

 

Regards

 

Andy

[kayastley]

Thank you all once again for your time, effort and patience in assisting me. You all make it possible for the 'little' man to contest unfair treatment by the big companies. You give us the confidence to stand up for ourselves. Thank you CAG

I'll keep you posted.

With fondest regards and goodnight wishes

Kay

[Sids100]

Hi Kay, I have a similar position to you with Restons/HSBC. I have received a county court claim and sent the acknowledgement of service back, I have 14 days from now, with this. I can't see all your links, I think this maybe because I have just joined, I don't know. I wondered if you had any advice, given where you are. I had an agreement through Payplan and they seem to prefer you to accept the claim, then argue any attachment if it is persued. Is the way you dealing with it working out? I'm not sure what to do.

[kayastley]

Hi again!! Well all was quiet with Restons until recently. They did not file their AQ by the initial deadline but scrapped it in under the wire at the 11th hour. Right! I've now received a "Standard order for stay for settlement with consent of all the parties" response needed by 08.08.12. I've looked at it and am really unsure which option to take! I've already submitted my AQ back in May! Also I still haven't received any response from the letter for evidence of DN, POC, DOA received 27.02.12. What is the next step please!!!!

[AndyOrch]

Too small Kay needs to be a pdf.

[kayastley]

Hi Andy,

Sorry. Should be ok now.

Reston Order 08.08.12.pdf

[AndyOrch]

Hi Kay thank you.

 

Because both parties have opted for settlement then that's the standard response for mediation.You have until the 8th August to try to agree settlement either direct or through the Courts mediation service.

Point 2 you must supply evidence of the payments of £40 to the Claimant which is quite ironic really rendering the claim amount incorrect ( assuming you are still making payment or was up until litigation commenced?) That is a plus on your side the DJ has ordered this because if you have the proof the claim is vexatious.

 

Regards

 

Andy

[Bandit127]

I suspect that HSBC used the right to set off to put your balance from the loan in to your personal account once both accounts had been defaulted. This (perhaps incidentally) will deprive you of your rights under the CCA for the loan.

 

I am still trying to understand what defence you might have against this, but it seems very wrong to me.

 

EDIT - sorry, the above post is out of sequence and may be irrelevant to the thread.

Edited July 25, 2012 by Bandit127

[kayastley]

Thank you both Andy and Bandit for your responses. I have a printed statement of account that Metropolitan sent me following my CPR request which clearly shows all online payments until time of litigation. I would of carried on paying after but no-one (Metropolitan or Restons) would accept my payments. I also have a letter from Restons dated 27.02.12 in response to my CPR request which states in one of the paragraphs " Our records indicate that you made an offer to repay your liability at the rate of £40.71 per month". Would it be better to try mediation directly with Reston's via email or is the Court mediation service better? I know there will probably be a cost for the court mediation but that's just something I'd have to find. Your help is invaluable, thank you.

Kay