Quidmarket issue Claimform

[mikem4491]

Just checked my track and trace number with post office for my AQ, its not showing delivered.

[AndyOrch]

Well in that case you need to check with CCBC see if they have claimed default Judgment for failing to submit your AQ

[mikem4491]

Do I have any comeback if they have?

[AndyOrch]

Yes if you have proof you posted it...but why not check first then we dont have to crystal ball gaze mikem

[mikem4491]

Apparently the AQ was received, the case was escalated to the judge who has said I have to pay the "admitted amount".

[AndyOrch]

So you made an admittance...hence to auto judgment..game over mikem.

 

Regards

 

Andy

[mikem4491]

Did I?

 

My defence which you referred to as fine was:

 

The first part is admitted with regards to requesting a loan of £xxx which was received into my bank account on the xxx xxxxx 2012 The T&Cs agreed plus interest of £xx.

The second part is denied the Claimant has consistently harassed me via Text/Email and phone calls to my place of Employment causing severe embarrassment and stress.

The third part is denied and it is contended that only one months interest is due,rendering the total default out standing as £xxx.

Any claim to further interest is denied and are subject to the Unfair Terms in Consumer Contracts Act and therefore cannot be disproportionate.

 

Where is the admittance????

[AndyOrch]

Apparently the AQ was received, the case was escalated to the judge who has said I have to pay the "admitted amount".

 

I dont know mikem you need to query that with the Court and wait until you get notice of Judgment.If there has been a court error you can set a side the judgment and re defend.

 

Regards

 

Andy

[mikem4491]

ok I'll be back to you when I get the paperwork from the court.

[mikem4491]

Ok letter from the court received:

 

IT IS ORDERED THAT

 

1. There be judgement for the claimant for the admitted amount of £450.57.

2. The claimant file and serve a statement of account by 1 April 2013.

3. The defendant must thereafter file at court and send to the claimant an explanation of why he disputes the balance.

 

I never admitted any amount and my defence details why I dispute all the claim.....

 

What should I do now?

[gerson]

Hi,

 

Is this not a partial admittance? 'The third part is denied and it is contended that only one months interest is due,rendering the total default out standing as £xxx.'

 

G

[mikem4491]

Thats what I am unsure about but was advised this defence was fine.

 

However the final line of the defence states that: "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."

[gerson]

Hi,

 

I am not legally trained but thought that the statement may have caused confusion at court

 

I will let others more legally minded answer or verify if 'partial admittance' has been done

 

Good luck

 

G

[AndyOrch]

Ok letter from the court received:

 

IT IS ORDERED THAT

 

1. There be judgement for the claimant for the admitted amount of £450.57.

2. The claimant file and serve a statement of account by 1 April 2013.

3. The defendant must thereafter file at court and send to the claimant an explanation of why he disputes the balance.

 

I never admitted any amount and my defence details why I dispute all the claim.....

 

What should I do now?

 

 

There is something a miss here if the court has granted judgment for the amount claimed then why would he request or need points 2 & 3 ?

 

Ring CCBC and ask what the hells going on...there is no admittance to the amount claimed.No point filing an AQ if there is verdict without trial.

 

Regards

 

Andy

[mikem4491]

Its not at CCBC any more its been transfered to our poxy county court. I've called the court three times over the past two days, they won't tell me anything just keep telling me to write to them.

[AndyOrch]

Ah you hadn't posted it had been transferred...can you give details of The Notice of Allocation? (verbatim)

[mikem4491]

Heres my NOTICE OF TRANSFER OF PROCEEDINGS

 

To all parties:

 

This claim has been transferred to the below County Court for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation.

 

If you would like any further information you can contact the local court directly but please await the Judge's directions.

[AndyOrch]

So the DJ did not issue directions or request a CMC and opted to declare verdict without either parties involvement....something a miss here and as already stated why would he request points 2&3 if judgment has been granted?

[mikem4491]

So what would you advise I write to them?

[AndyOrch]

Have you received this " Details of the judges directions will be sent to you in a notice of allocation." ?

[mikem4491]

Have you received this " Details of the judges directions will be sent to you in a notice of allocation." ?

 

No I haven't.

[AndyOrch]

Ok letter from the court received:

 

IT IS ORDERED THAT

 

1. There be judgement for the claimant for the admitted amount of £450.57.

2. The claimant file and serve a statement of account by 1 April 2013.

3. The defendant must thereafter file at court and send to the claimant an explanation of why he disputes the balance.

 

I never admitted any amount and my defence details why I dispute all the claim.....

 

What should I do now?

 

 

Mikem what notice is this supplied on is a N24 General form of judgment or Order?

[mikem4491]

Its says General Form of Judgement or Order at the top.

[AndyOrch]

And at the bottom Court reference stationary number?

[mikem4491]

N24 General Form of Judgement or Order