Claimform Arrow/Carter MBNA 'debt' ***F&FS agreed Tomlin Order***

[AndyOrch]

N149 aq

 

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.

 

Unless the Claimant 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,I will make application for the claim to be 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 (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 to be served.

 

Regards

 

Andy

[AndyOrch]

Threads merged, Garry please stick to one thread.

 

Andy

[AndyOrch]

Its considered civil to exchange AQs (hence the question on the form asking if you have)

Well they are proceeding the AQ signifies that but a long way yet to trial...see what the process unravels along the way.

 

Andy

[AndyOrch]

Not quite they are testing the water and you if you will go all the way.They will as they have paid the AQ fee (I assume).Its your decision Garry but they are offering an olive branch to mediate.

 

Regards

 

Andy

[AndyOrch]

If its important to avoid the CCJ then this would be advisable...only you know the strength of your defence.

[AndyOrch]

Then you must do what you feel comfortable with Garry...you have ceased the default judgment so don't feel that you are throwing the towel in....if you can attain a F&FS or a repayment plan which is acceptable and avoid the Judgment...then you must still consider this a victory.

Thrown in with that is the knowledge you have now gained.Make sure any F&FS is watertight.

 

Let me know what transpires and others of your further developments.

 

Regards

 

Andy

[AndyOrch]

Im sure we have one in the library and I would be looking at between 10/15% for starters.

[AndyOrch]

Looks ok to me Garry...no loopholes..... no reviews...

 

Welll done nudge me when you need your thread title amending.

 

Regards

 

Andy