letter from hl legal saying they need 14 days to get info

[erahman]

im looking at the aq sent to me,

 

first page have you sent a copy of this form to the other party(es)? yes no

do i answer that?

 

A Settlement: I guess its No and I explain in box 4( is this my witness statement)

B location of trial: change to ..as i cannot travel that far????

C pre action protocol??? yes no???

D case management information: i have no idea?

it gets more confusing for me. is there any where here that has some help with N150 aq form as a defendant?

 

thanks Er

[citizenB]

im looking at the aq sent to me,

 

first page have you sent a copy of this form to the other party(es)? yes no

do i answer that?

 

A Settlement: I guess its No and I explain in box 4( is this my witness statement)

B location of trial: change to ..as i cannot travel that far????

C pre action protocol??? yes no???

D case management information: i have no idea?

it gets more confusing for me. is there any where here that has some help with N150 aq form as a defendant?

 

thanks Er

 

 

It is a courtesy to send a copy of the AQ to the opposition - it will be most unusual for them to extend the courtesy to you and provide a copy of theirs to you. However, put YES and send them a copy

 

A - Settlement - No.. none of this is your Witness statement that comes much later down the line. I am not sure what you need to put in here as a settlement hasnt been reached, has it ?

 

B - Has the location not been made for your local court ? I understood it was automatically moved there. But wait for andy or Ford to pop in with the answer to this one.

 

C - There are no pre action protocol for you to adhere to so NO

 

D - Again I thought the court advised if they wanted a Case Management Hearing - so this one for andy or Ford.

 

I will alert andy for you.

[42man]

Couple of links here to help with AQ - http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?121975#post1385509

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?175566#post1916595

[AndyOrch]

1. ALLOCATION QUESTIONNAIRE N150 (Example I Other and Directions must be edited to suit your own circumstances and claim)

 

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?

 

Yes (it is expected that all parties try to mediate before proceedings unless the debt is categorically not yours or statute barred)

 

 

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? £insert value of claim)

 

Applications

 

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

 

Witnesses

 

Yourself All the facts in the case

 

 

 

Experts No

 

Track Fast 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? 4 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

 

Xxxx xxxxx 1st – 14th October Inclusive.(Example)

 

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 (Intended)

 

If Yes, when did they receive them? Dont Know

 

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.

 

Should the Claimant comply with the above 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.

 

 

Print 3 copies one to Court one to Claimant and one for file.

 

REgards

 

Andy

[The Mould]

I thought you had received your AQ...your post #18

 

"HI the Mould,

 

I don't disagree or deny the debt, was trying to sort it out with MBNA years ago, but MBNA dont really care what your circumstance is...

Situation now, They have applied for ccj, I put in defence as they never provided agreement. DN assignment (POC on claim form). I received the documents 3/4 days later after i submitted my defence. now I got court letter saying defence submitted and received allocation questionnaire. Can I now do anything to stop ccj and get this out of court. the aq needs to be done by 28th march."

 

You are receiving first class advice here eraham

 

The above should then form part of your submissions against this claim.

 

Can you please, therefore, provide a nut shell re-cap of this matter to include the efforts (above) made by you to resolve this dispute with MBNA.

 

For the official record my dear fellow, I am indeed on you side (same as everyone else here), but we need something solid to work with as regards your defence in this matter - talk us through it - in a nut shell and give a chronology of the series of events to this matter please.

 

Kind regards

 

The Mould

[erahman]

You are receiving first class advice here eraham

 

The above should then form part of your submissions against this claim.

 

Can you please, therefore, provide a nut shell re-cap of this matter to include the efforts (above) made by you to resolve this dispute with MBNA.

 

For the official record my dear fellow, I am indeed on you side (same as everyone else here), but we need something solid to work with as regards your defence in this matter - talk us through it - in a nut shell and give a chronology of the series of events to this matter please.

 

Kind regards

 

The Mould

 

In a nutshell, I had this credit card, was paying payments as normal, was made redundant, and having a new young family, I lost track of my finances. i was on and off jsa for a long time, and honestly speaking when in discussions with mbna they refused to take token payments and demanded more out of and this sort formed a a htred against them and i chose to ignore them totally, I have another mbna debt around 4k well exactly same issue. I moved house a couple of times and basically out of sight out of mind. finally they caught up to me. I honestly now don't know why I am even going through all this, I am just annoyed about mbna not helping out much at first and now they sold it on. I still ignored letters at my new address until I got ccj claim form and now trying to defend this..I submitted my defence which now seems useless...and now trying to defend this on the basis that termination notice is wrong and mbna did not allow enough time to remedy default notice.

 

 

• original debt mbna, tried to make token payments due to financial difficulty, mbna didn't help so left them to it.
  
• sold to varde investments/credite experto ( hl solicitors dealing with it)
  
• ignored all letters moved house couple of times, did cpr request for poc.
  
• agreed deadline for submitting defence 31 jan 13.
  
• no documents recieved so submitted defence.
  
• documents received 3 days later...further investigating with mbna realised termination notice has been changed (dates)
  
• aq received
  

 

HONEST ANSWER from anyone please....am I being silly by trying to fight this issue that the termination notice not valid/mbna not complying/change of dates/amount etc is all just.

 

I honestly cannot thank everyone enough for the help received.

 

regards

 

Er

Edited March 21, 2013 by erahman

[erahman]

To Andy,

 

You mentioned:

B. LOCATON OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO....do i not say yes so it can be at my local court?

 

and also mentioned as draft directions, is this still even though they did send copies of agreement, DN, termination notice with changed dates and a made up assignment letter...or is this so originals are provided?

Edited March 21, 2013 by erahman

[Guest]

Is there any reason why your claim needs to be heard at a particular court? NO....do i not say yes so it can be at my local court?

 

it will go to your local court anyway as a matter of course, is usually a q re if any other court requested

Edited March 21, 2013 by Ford

[erahman]

it will go to your local court anyway as a matter of course, is a q re any other court

 

ok, makes sense...thanks

[erahman]

 

HONEST ANSWER from anyone please....am I being silly by trying to fight this issue that the termination notice not valid/mbna not complying/change of dates/amount etc is all just.

 

I honestly cannot thank everyone enough for the help received.

 

regards

 

Er

 

bump*

[citizenB]

have you received a court date for this !

[erahman]

no not yet, still have to send of the aq.

[erahman]

1. ALLOCATION QUESTIONNAIRE N150 (Example I Other and Directions must be edited to suit your own circumstances and claim)

 

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?

 

Yes (it is expected that all parties try to mediate before proceedings unless the debt is categorically not yours or statute barred)

 

 

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? £insert value of claim)

 

Applications

 

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

 

Witnesses

 

Yourself All the facts in the case

 

 

 

Experts No

 

Track Fast 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? 4 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

 

Xxxx xxxxx 1st – 14th October Inclusive.(Example)

 

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 (Intended)

 

If Yes, when did they receive them? Dont Know

 

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.

 

Should the Claimant comply with the above 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.

 

 

Print 3 copies one to Court one to Claimant and one for file.

 

REgards

 

Andy

 

Hi Andy,

 

im filling in my AQ to send off, does all this still apply even if Hl legal have sent documents(DN, Termination, assignment letter) over but late? post #47

[citizenB]

If they have sent the documents, then no it doesnt apply. You should amend to suit your circumstances!!

[erahman]

If they have sent the documents, then no it doesnt apply. You should amend to suit your circumstances!!

 

so, order for direction be:

 

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.

 

mention termination notice copy received is wrong/has been changed***? as original copy requested from original creditor MBNA states 5th october 2011, which is the same date of DN and does not allow time to remedy. and also recorded conversation of MBNA woman admitting dates can be changed or typed of to suit as needed.

[AndyOrch]

You wont get a Deed of Assignment only a Notice and no you don't add any further defence or attachments.

[erahman]

You wont get a Deed of Assignment only a Notice and no you don't add any further defence or attachments.

 

hi,

 

so do i not need to mention the the fact the dates are wrong on the termination notice?

[erahman]

or is that something i leave for court?

[Guest]

what about trying to keep it in small claims, re any potential costs? as its only just over the limit? or would that be n/a? eg if re a direction request?

[AndyOrch]

what about trying to keep it in small claims, re any potential costs? as its only just over the limit? or would that be n/a? eg if re a direction request?

 

If its only just over the threshold you could select SCT and state that the claim is suitable for the small claims track...the Court will decide.

[Guest]

115 over afaik, post #9

[erahman]

yep will do that, im req..small claims.

[The Mould]

In a nutshell, I had this credit card, was paying payments as normal, was made redundant, and having a new young family, I lost track of my finances. i was on and off jsa for a long time, and honestly speaking when in discussions with mbna they refused to take token payments and demanded more out of and this sort formed a a htred against them and i chose to ignore them totally, I have another mbna debt around 4k well exactly same issue. I moved house a couple of times and basically out of sight out of mind. finally they caught up to me. I honestly now don't know why I am even going through all this, I am just annoyed about mbna not helping out much at first and now they sold it on. I still ignored letters at my new address until I got ccj claim form and now trying to defend this..I submitted my defence which now seems useless...and now trying to defend this on the basis that termination notice is wrong and mbna did not allow enough time to remedy default notice.

 

 

• original debt mbna, tried to make token payments due to financial difficulty, mbna didn't help so left them to it.
  
• sold to varde investments/credite experto ( hl solicitors dealing with it)
  
• ignored all letters moved house couple of times, did cpr request for poc.
  
• agreed deadline for submitting defence 31 jan 13.
  
• no documents recieved so submitted defence.
  
• documents received 3 days later...further investigating with mbna realised termination notice has been changed (dates)
  
• aq received
  

 

HONEST ANSWER from anyone please....am I being silly by trying to fight this issue that the termination notice not valid/mbna not complying/change of dates/amount etc is all just.

 

I honestly cannot thank everyone enough for the help received.

 

regards

 

Er

 

Hello eraham

 

If the Default notice failed to comply with the statutory provisions of sec 87(1) of CCA 1974 (as amended), then they cannot proceed with this present claim to enforce the credit agreement against you - see Brandon v Amex Court of Appeal judgment and refer to the same as part of your submissions (legal arguments) against this claim.

 

I do understand your comments in respect of the way MBNA treated you, however, not all Judges in the lower Coiurts will take this into consideration.

 

Kind regards

 

The Mould

[erahman]

Thanks for your inputs guys..I can now only hope for the best and see what happens...

 

regards

Er