HBOS [Nelson Guest Solicitors] received claim forms

[AndyOrch]

Slightly confused Jittery

 

Who is named on the summons as Claimant ?

 

The Sols are NG correct?

 

 

Regards

 

Andy

[AndyOrch]

Well its apparent who issued the summons so ignore the ambulance chasers.You have 33 days in total to deal with a response (subject to your plea) 5 deemed served so 28.14 days to Acknowledge Service and a further 14 to submit a defence should you decide to defend.

If you could post up (verbatim) details of the Claim less any identifiable data and round the figure up they are claiming to give an idea which track this would proceed in.

 

I see you have sent a CPR 31.14 request the DSAR can take up to 40 days for a response so start to gather as much documentation as possible.

 

Have you ever received a LBA or Default Notice pertaining to this claim?

 

Regards

 

Andy

[AndyOrch]

There is no such thing as a template defence JJ all defences are unique in the response to the Particulars of Claim.I can post something tomorrow for you to edit to suit.

 

Regards

 

Andy

[AndyOrch]

POC

 

1.The claim is xxxx being monies owing to the claimant in respect of a credit agreement between HBOS and the defendant under account xxxxxxxxxxxx.

2.The agreement was terminated as the defendant failed to maintain the the agreed terms .In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan . the defendant has failed to respond or maintain a suitable arrangement and the balance remains owing .

 

3.The claimant claims interest pursuant of section 69 of the county court act 1984 at the rate of 8% per annum from xxxx to xxxxx totalling 0.94 and thereafter at a daily rate to date of judgemnt.

 

 

 

DEFENCE: (Edit to suit)

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with XXXXXXXXX Limited.

 

2. Paragraph 2 is neither admitted or denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof:-

 

(i) Disclose the agreement that this claim is based on.

(ii) Disclose a valid Default Notice/Termination Notice with proof of service.

 

4.On receipt of this claim I requested documentation by way of a CPR 31.14 request dated xxxxxxx namely the " Agreement" referred to in the claimants Particulars of Claim. The Claimant has yet to comply with this request.

 

5. Further, by reason of the fact that the Claimant is in default of a section 78 request dated xxth xxxxx xxxx, the Claimant has yet to comply with this request and until such time the Agreement cannot be enforced against the Defendant without an order of the Court, until such time they comply with my request.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

[AndyOrch]

Copy and paste into MCOL when you have checked its accuracy.

[AndyOrch]

POC

 

1.The claim is xxxx being monies owing to the claimant in respect of a credit agreement between HBOS and the defendant under account xxxxxxxxxxxx.

2.The agreement was terminated as the defendant failed to maintain the the agreed terms .In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan . the defendant has failed to respond or maintain a suitable arrangement and the balance remains owing .

 

3.The claimant claims interest pursuant of section 69 of the county court act 1984 at the rate of 8% per annum from xxxx to xxxxx totalling 0.94 and thereafter at a daily rate to date of judgemnt.

 

 

 

DEFENCE: (Edit to suit)

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with XXXXXXXXX Limited.

 

2. Paragraph 2 is neither admitted or denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof:-

 

(i) Disclose the agreement that this claim is based on.

(ii) Disclose a valid Default Notice/Termination Notice with proof of service.

 

4.On receipt of this claim I requested documentation by way of a CPR 31.14 request dated xxxxxxx namely the " Agreement" referred to in the claimants Particulars of Claim. The Claimant has yet to comply with this request.

 

5. Further, by reason of the fact that the Claimant is in default of a section 78 request dated xxth xxxxx xxxx, the Claimant has yet to comply with this request and until such time the Agreement cannot be enforced against the Defendant without an order of the Court, until such time they comply with my request.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

 

Defence updated.

[AndyOrch]

Its just a last ditch attempt to unsettle you JJ...you have submitted a defence their move next ...at a price they have to pay to issue an AQ...so far cheaper to get you to withdraw your defence and let them have judgment with no cost or work involved.

 

Andy

[AndyOrch]

Hi JJ

 

You can use the Courts appointed Mediator (ADR) or make approach yourself within the 1 month to try to narrow the differences between parties.Failing mediation within the 28 days a further AQ must be submitted.

 

Regards

 

Andy

[AndyOrch]

Hi

Will the courts mediator contact me themselves? Varies you ring them Or do I have to contact them ? And if so do I have to do this before Thursday and let the court know? Why what's relevant about Thursday?

Or If I contact wescot myself is there a template letter I could use offering a settlement in monthly payments , less the amount I discovered in charges , any idea how much to offer , claim for just over £2000 they once offer me reduced figure of £ 1400. If they have previously offered £400.00 try £1000 And if I do this do I inform the court of my actions ? If settlement can be reached the claimant usually informs the court

Thanks for all you help Andy much appreciated , jj

 

I usually advise a phone call rather than letter in the initial stages ask to speak to the litigator connected with your claim.Phone calls catch them on the hop with not time to prepare and its not in writing until they respond.Perhaps throw in that you would be prepared to consider a Consent Order or Tomlin Order with view to avoiding any further costs.

 

Test the water ....you will then get a feel if its achievable or you are waisting your time.

[AndyOrch]

Claim is stayed anyway until 7th March so mediate...not seeing the N24 verbatim I am not aware what they wish you to do by 21/02.

 

Andy

[AndyOrch]

N24

 

Claim stayed for one month

 

 

And gives me one week for the following steps to be taken

 

Either

 

The claimant must notify if the case has been settled Why one week where does it state a week ? the claim is stayed for 28 days and will probably take that time to reach an agreement

 

Or

 

The claimant/ defendant must write to the court requesting an extension of the stay period explaining steps taken towards settlement and identifying any mediator expert or other person helping with the case .thevletter should confirm agreement with all parties

Should you fail to reach agreement in 28 days

 

Or

 

All the parties must file an allocation questionnaire at the court. If mediation fails and no extension applied for Where a settlement of some of the issues have been reached a list should be attached to the completed questionnaire the list must be agrees by with other parties .

[AndyOrch]

The CCJ can be legally assigned....the court should be advised and you should request conformation in writing from the new owner...you should also point out that a consent order is in place.

 

Regards

 

Andy

[AndyOrch]

The Terms of the Consent Order can not be altered or superseded...only by way of recourse from the Court...which would involve either party making application.

 

makes no odds who now owns it.

 

 

Morning DB:wink:

[AndyOrch]

Indeed, Andy. Consent orders are notoriously difficult – almost impossible – to overturn. So does this not mean that only the parties mentioned in the TO can receive payment? Does this mean that Halifax have reneged on the agreement?

 

 

No and no DB ...the Consent is attached to the debt...so it works like a normal assignment..its rights and duties are transferred to the new owner.

 

JJ..... continue to make payment as per your Consent...its in the interests of the new owner to inform the Court...however as previously advised they cannot change the schedule or arrangements of said Consent without firstly informing the court of a change of parties to the consent then making application to review the schedule with your agreement.

 

Regards

 

Andy