cap one/ bryan carter solicitors

[citizenB]

At the bottom of the form there is a number.. N149 or N150 - can you let us know which one please

 

Obviously the form has to be completed and returned by the due date. Once that has been received, the court will be allocated and the next thing you will receive is a court date. All assuming that the claimant wishes to continue... they have to pay a fee for the next step.. as the defendant, you don't..

[sillygirl1234]

hi thanks its N149

[sillygirl1234]

Also how do I fill in allocation questionaire?

[citizenB]

I have alerted andyorch for you. He will be with you as soon as he can

[AndyOrch]

Hi Sillygirl1234

 

Here is an example of how to complete the N149 Directions Questionnaire

 

A

Tick Yes

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D Nil

 

E

Tick 'No' and ignore the remainder of section E

 

F

If you are going to be unable to attend a hearing at any time tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest.* By way of a CPR 31.14 request dated ( ) I asked the Claimant to provide particulars of the claim. A copy of the letter is attached. To this date the Claimant has declined to answer to my letter.

 

* (If Applicable)

 

I propose the following to assist the Court to deal with this claim expeditiously :

 

1 Unless the Claimant files and serves upon the Defendant a fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest,Should the Claimant fail to disclose and respond I suggest that there will be no case to answer and the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (1 month) to enable the parties to settle using the small claims mediation service'

 

H

Tick 'No'

 

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

 

Produce 3 copies ...Court /Sols/File and submit by the required date.

 

Regards

 

Andy

[sillygirl1234]

Thanks so much for this, just wanted to ask if I need to mention the PPI claim or not

 

Thanks again

[AndyOrch]

In what respect to SG?

[sillygirl1234]

Hi, in respect that im disputing the claim, vague as it is, because of the mis sold ppi.

[AndyOrch]

The AQ is purely for Allocation to enable the court to place the matter to the correct track...its not an extension to your defence....Have you referred to the PPI within your defence?

[sillygirl1234]

Hi no i used post #16 for my defence

[AndyOrch]

Then you must continue to defend on that basis unless you wish to raise a counter claim....I personally do not advocate using miss sold PPI as a basis of defence or counter claim....you can only defend against what their particulars site...you can try to use it as a means of mediation/mitigation but their claim is about a debt outstanding no reference to PPI and therefore your defence should be based on defending the claim with justifiable argument.

 

Regards

 

Andy .

[sillygirl1234]

Ok thanks for that. They have sent me a huge envolope full of all information regarding this debt. It incldes the agreement and also mini versions of all the statements back to the opening of the account.

 

What should I do next? fill in the AQ or try to negotiate a payment plan?

[AndyOrch]

You must complete the AQ irrespective... i'm not fully aware of all the finer details of your claim sillygirl having only offered guidance with the completion of your AQ.Completion of the AQ will open up the facility to mediate and also test the claimants commitment to proceed.

[sillygirl1234]

Hi recieved a letter from county court yesterday saying that the district judge rules that "The defence be struck out and the defendent has untill 4 pm (no date ) to submit a defence or the claiment can apply to court for judgement"

 

Any ideas what I do now?

[Desperate Daniella]

Sillygirl, Andy will tell you what to do next.

 

But, when was the 'agreement' taken out, and what exactly have they sent you as an agreement?

 

DD

[Desperate Daniella]

Is there really no date on it? This is the Court's mistake and you must call them first thing tomorrow about this.

[sillygirl1234]

It was taken out in 2004 and i never asked for a copy of the agreement i used the defence as posted for me on here.

[citizenB]

have sent S.O.S. for andyorch for you.

[citizenB]

Hi recieved a letter from county court yesterday saying that the district judge rules that "The defence be struck out and the defendent has untill 4 pm (no date ) to submit a defence or the claiment can apply to court for judgement"

 

Any ideas what I do now?

 

But you did submit your defence, didn't you. How did you do it - online and did you print off the receipt at the end.

[sillygirl1234]

yes i did and I filled in the AQ too. Have they missed a date out then? Im at work tomorrow first thing

[Desperate Daniella]

Hi,

 

You said in post 37 that they had sent the agreement. What exactly did they send?

 

DD

[Desperate Daniella]

Hi recieved a letter from county court yesterday saying that the district judge rules that "The defence be struck out and the defendent has untill 4 pm (no date ) to submit a defence or the claiment can apply to court for judgement"

 

Any ideas what I do now?

 

 

This is the date I am referring to.

[AndyOrch]

Hi

 

Have they quoted any CPR reference Practice Direction for the strike out reason?

[sillygirl1234]

Hi sorry ive not replied before ive been at work. I didnt ask for a copy of the agreement but i got have got one. It just says "The defence be struck out as not disclosing any defence to the claim"

[Desperate Daniella]

Firstly, can you post up the credit agreement.

 

Secondly have you called the court to see what date you need to put in your new Defence?