Shoesmiths Claim Form For Natwest loan, 7 days to reply !

[AndyOrch]

Thank you DB

 

So the Defendant has not filed an AQ?

 

Andy

[DonkeyB]

From posts 59-60, I think not, Andy – dck321, can you confirm or indicate otherwise? The app to stay came before the AQ filing deadline, I think.

[AndyOrch]

Ok well all that is needed is to download the relevant Directions Q ( N150 I believe) and draft directions and submit to court...in plenty of time before the Allocation Hearing.

 

Was a General Order given by the Court to submit AQs ? Any sanctions imposed for failure to submit?

[dck321]

i will check now and get back to you

[dck321]

hi andyorch

 

no i did not im afraid

[dck321]

i filled the allocation questionaire details in guided by a link i was forfarded.

 

but i have since talked to the court approx a week ago and i was told i can give my draft directions at anytime.

[AndyOrch]

Ok post a copy of their Directions if not already done so and we can draft something suitable.List what you deem is required to move this claim forward and I will tweak it into a draft direction.

 

Regards

 

Andy

[dck321]

[ATTACH=CONFIG]43415[/ATTACH]

 

hi andyorch

 

it seems the crux of this case is the fact that court proceeings have been taken because an i&e form was not filled in ( was never received) not because payments have not been given.

 

i have recorded a telephone conversation with them stating this and even confirming it is not because payments .

 

i have included the draft directions as requested i will now go through previous posts as to put you up to speed with other failures shoosmiths have done.

 

thank you

[dck321]

hi andyorch

 

post number 13 in the docs to date pdf you wil see in the particulars of the caim that the claimant has put that " the (D) failed to pay the sums due to © when demanded and the sums listed remain outstanding.

 

i have a letter from shoosmits confirming that the £80 being paid is acceptable and a direct debit instruction form from them also dated 8th march 2012 which has been paid since and has not ever been missed. and this letter states that " £80.00 will then be collected on or just after 15th of the month, each month, from may 2012 until further notice"

the first notice i received was by way of letter which you stated in post 37 that shoosmiths wrote to inform me of littigation (dated 17 dec 2012) after they had already issued the claim.

also in the patticulars oif the claim shoosmiths state they complied as far as neccesary with the pre action conduct practice direction number (and stated no number)

 

i have had no contact from shoosmiths to try and resolve this case

 

in their aq they have left it blank weather they have acted accordig to pre action protocol

 

tried to issue a 2nd stay direct to the court without my consent

 

i think that is all

 

thank alot

[dck321]

Good morning all

 

Has anybody got any ideas for me on how to write my draft directions in accordance to the details given in my previous post

Any advice welcome

 

Thanks

 

Damian

[citizenB]

I will send an S.O.S to andyorch for you.

 

When do you need to submit this ?

[dck321]

I will send an S.O.S to andyorch for you.

 

When do you need to submit this ?

 

Hi

 

I received a letter last Monday stating:

 

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 county court directly but please wait the judges directions

 

So I am not sure how long I have?

 

Thanks for the reply

[AndyOrch]

Suggested format for Draft Directions N150/N181 edit to suit the particular requirements of your defence.

 

1. 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 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 and will liable for wasted costs CPR 45

 

The Defendant will respond within 14 days thereafter file and serve the following:-

 

o An amended defence sufficiently particularised in response to the documents supplied by the claimant as directed by the Court.

 

 

Regards

 

Andy

[dck321]

Hi andyorch

 

Thank you, I will do straight away

[dck321]

hi Andy

 

i have today received a letter from northampton county court stating:

 

"before district judge murdoch sitting at northampton county court

 

IT IS ORDERED that:-

 

1. the defenant will file an ammended defence setting out the full details of her defence by 4.00pm on 28th May 2013 and in default the defence is struck out.

 

Dated 3 May 2013"

 

I am at a loss as in what to do next?

 

any help welcomed

 

thanks

[citizenB]

No order for the claimant to provide the documents you require ?

 

andyorch isn't online at the moment, but I am sure he will look in as soon as he sees your post.

[dck321]

hi

 

No nothing, all that was in the letter i have written exactly, i did not want to waste time scanning in case i scanned it wrong again!!

[AndyOrch]

It appears the court has ignored both set of directions and set the agenda of its own accord...the above is requesting a fully particularised defence now...yet the claimant has still yet to disclose.I would simply submit your defence again with slight alteration stating that neither parties directions have been considered and as such you are still not in a position to particularise.

 

Regards

 

Andy

[dck321]

Hi Andy

 

Below is my original defence , so I will still stick with this but state at the top that neither parties directions have been considered and as such I an still not in a position to particularise.

 

Can the judge not decide to strike out as my defence is still the same?

And still not to mention my phone recording yet?

 

Apolagies in advance for my lack of knowledge regarding the courts, but I feel like a duck out of water With these court letters

 

Thanks

 

 

 

Hi dck

 

Here is my suggested draft defence in response to the claim.Check the detail and edit to suit then copy and paste into MCOL. Print your receipt as proof of submission.

 

 

 

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the Defendant holding an Account referred to in the Particulars of Claim ('the Agreement') with the Claimant

2. Paragraph 2 is denied with regards to the Defendant failing to pay,the Defendant has an agreement with the Claimant to pay reduced amounts and those payments are paid and up to date.

3. Paragraph 2 is denied with regards to the Claimant making a demand...the Claimant has not made demand or issued a Default Notice pursuant to the CCA1974 section 87(1) and the Claimant is put to strict proof to:

 

(a) produce a copy of the Agreement referred to on which they base their claim.

(b) produce a copy of the amended Agreement and Notice that this had now expired.

© show how they have complied with the pre action conduct practice direction.

 

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

 

5. It is averred that the Claimant is estopped from enforcing its security pursuant to BCOBS FSA regulations it is unlawful and considered unfair the demanding of full payment or increased instalments on a debt which is already subject to an instalment agreement is a glaring example of breach and also considered that the relationship is unfair under s.140A CCA1974.

 

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

[dck321]

Hi DonkeyB

 

in your opinion shall i just repeat the same defence as before and state as andyorch says that i am still waiting for the claimants to disclose, as my response will be the same and the judge has just overlooked it?

i did send message to andyorch yesterday but it was a bank holiday aand i only have til 4pm today?

 

thanks in advance

 

dck321

[AndyOrch]

What strikes me as strange is that order is from Northampton dated 03/05 and yet you stated in post #112

 

" received a letter last Monday stating: 22nd April ?

 

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 county court directly but please wait the judges directions

 

So why as your local CC not issued the directions?

 

Regards

 

Andy

[dck321]

[ATTACH=CONFIG]44148[/ATTACH][ATTACH=CONFIG]44147[/ATTACH]

 

hi

 

yes i agree, i have forwarded you copies of both letters just to confirm that my dates are correct.

 

thank you for the reply

 

dck321

[AndyOrch]

The Northampton one looks suspect/error...check with your local CC to see if the case file has been transferred and that the Notice of Alloction/Directions is being progressed.

[DonkeyB]

You can only rest on your defence, which you are restating, and hope the judge orders disclosure at the correct stage.

 

You need to include a request/right to amend your defence once any requested documents have been provided.

 

At present, you can only deny the case stated in the PoC – just make sure you refute it, point by point, but further maintain that you have attempted to resolve issues with the claimant, and also requested that the judge issue directions to assist in this but which were either refused or overlooked.

[DonkeyB]

The Northampton one looks suspect/error...check with your local CC to see if the case file has been transferred and that the Notice of Alloction/Directions is being progressed.

 

Yes, very odd.

 

I wonder if Shoosmiths may have entered a sneaky application to have your defence struck out? If so, you should have been notified of the app. Check with the court to see if this is so.