Quidmarket issue Claimform

[AndyOrch]

Ok mikem now we know its the correct form...you need a copy of the Notice of Allocation as referred to in post#70. (N160)

 

Looking at the Order again

 

IT IS ORDERED THAT

 

1. There be judgement for the claimant for the admitted amount of £450.57.I am aware that you only admitted the amount you deemed owing.

2. The claimant file and serve a statement of account by 1 April 2013. So nothings set in stone yet it looks like reserved judgment Partial admittance

3. The defendant must thereafter file at court and send to the claimant an explanation of why he disputes the balance. But only if the Claimant complies with the above point 2

 

I must Admit mikem Im at a lost I have never seen anything like this before...perhaps the NoA may shed more light (if there was one served)

 

Regards

 

Andy

[mikem4491]

So I ask the local court for a copy of the Notice of Allocation?

[AndyOrch]

Correct.......Quidmarket were jumping the gun a little they have not got judgment just yet...however you have to dispute the amount that the DJ stated IE £450.57.

 

On that Order was there provision for you to vary or set a side within 7 days?

[mikem4491]

I copied it down verbatim, there is no timing on it at all.

[AndyOrch]

Ok well chase up the N160 and keep your eye on the dates.... if by 1st April they have not served a copy of their statement to show how the debt has accrued then you can inform the court (seek further direction) and also consider an application to strike out for failure to comply.

[mikem4491]

Thecourt wont talk to me now so I have to write in, do I dispute the amount in the same letter?

[AndyOrch]

Thecourt wont talk to me now so I have to write in, do I dispute the amount in the same letter?

 

Not sure why they wont talk to you but yes put it in writing and what recourse is available to you.

[mikem4491]

They just wont discuss the case, they say something might have gone wrong and I need to write in. I know they have been talking to quidmarket though.

[mikem4491]

ok here goes, I'll write:

 

From my notice of transfer of proceedings I was informed that I would be sent details of the judges directions in a notice of allocation. Please provide me with a copy of this or an explanation why one was not served.

 

I am in receipt of your general form of judgement or order and dispute point 1. in that there is no admitted amount. The final sentence of my defence states that "...it is denied that the claimant it entitled to the relief claimed or any relief" Please advise what recourse is available to me in this matter.

[AndyOrch]

ok here goes, I'll write:

 

From my notice of transfer of proceedings I was informed that I would be sent details of the judges directions in a notice of allocation (N160). Please provide me with a copy of this or an explanation why one was not served.

 

I am in receipt of your general form of judgement or order (N24) and dispute point 1. in that there is no admitted amount. The final sentence of my defence states that "...it is denied that the claimant it entitled to the relief claimed or any relief" Please advise what recourse is available to me in this matter.

 

 

Regards

 

Andy

[mikem4491]

Thanks Andy, I'll get that in today and report back.

[mikem4491]

Finally got a response from the court:

"Your letter to court dated 22 March 2013 has been referred to a district judge who stated the following:

 

"If he defendant has an application to make he should make it properly. The court does not give legal advice. The "Defence" appears to admit the amount"

 

Real helpful stuff. What us a "proper application" then?

[AndyOrch]

All applications should by made vis a N244 and off course with the relevant fee:wink:

[mikem4491]

All applications should by made vis a N244 and off course with the relevant fee:wink:

 

Which would be helpful if I knew what I was supposed to be applying for.

[mikem4491]

Meanwhile quid market have complied with their part if the judgement.

[Ganymede]

Hi,

 

Just read through this thread and there is clearly a partial admittance of the debt in the first line of the Defence.

 

Disagreeing is the amount of interest and the balance of the debt is not a legal Defence and does not negate the entire claim.

 

There is now an enforceable judgment for the admitted amount at point 1 on the judgment. The claim is continuing on the disputed amount of the claim.

 

An application to set aside the judgment is possible but I fear it will be a waste of £80.00.

[mikem4491]

This thread should have stopped at line #4 then, I'd have been better off!