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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Cabot/weightmans claimform - old Cap1 'debt'


mrben22
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Defence amended and checked.

 

Regards

 

Andy

We could do with some help from you.

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thanks andy

 

 

mrben

 

 

you can copy and paste that directly from here into the mcol page

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Andy many thanks for your help . I have taken your amendments now , very much appreciated

 

Unfortunately Im in a right panic now as logged onto MCOL site to file defence , and when you get to the 3rd page where you input your defence an go to next , you get error message !! due to technical issues

 

Not sure if site is having problems , Ive tried it several times and will continue to this afternoon before 4pm , but the help desk number on the error page , rings then constantly get engaged tone !!

 

fingers crossed its just a blip with the site or I really am in trouble now !

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quite usual

 

 

you can email the defence later so no panic

 

 

see what happens

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to [email protected] and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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DX you may have saved the day for me ......YET AGAIN !

 

Im in a panic to get it sent over as Ive limited time today to be available to do so, hence why trying now having had the OK that defence is ready from yourself and Andy

 

When you say I can e mail it , do you happen to know the correct e mail address to sent it from or do I have to just send it to the e mail address listed on the error message

 

page on MCOL site of : [email protected] ??

 

Is there anything particular about what I need to include in the subject title or body of the email in terms of usual protocol when e mailing defence , as well the defence document itself i.e in a word document ??

 

sorry not wanting to waste more of your time on admin matters like this , just value your opinion & experience as seems you use to hearing of these MCOL error messages !!

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post 30

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Andy / DX

 

thank you both very much , yet again for such timely response and assistance.

 

Would it be prudent to sent the defence as a PDF file as sending via e mail or a word doc will be OK ??

 

Sorry if im being overly worried now , will be able to leave you to assist others now , until I have any further update.

 

Hope you have a good Easter.

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  • 2 months later...

Hi

 

So I have now had a response from Weightmans as somewhat expected advising that they do not accept my defence I submitted.(attached below )

Having been away for a while & had to sort by PC & technology problems out , I have now also received both :

 

- a letter and " proposed directions " form to complete from weightmans , basically suggesting the claim be stayed for 3 months to allow both parties oppoertunity to negotiate settlement.

 

- a Notice of Proposed Allocation To The Fast Track , and 6 page directions questionnaire to complete from the court.

 

Also both attached and I obviously need to respond to asap although I dont really understand what I should or should not be doing now ??

 

Only details I got back from Cabot in response to my request are a pile of statements summaries , a letter of statement of account , a badly copied photocopy of the original short application form and an up to date set of CC agreement T&C's (which are obviously not the original ones as they details £12 default fees as opposed to the £20 they were at the original time ! ) . This response bck from cabot was recieved on the 9th May 2015 although they dated them the 1st May 2015.

 

Hope someone can advise of my best required course of action now please and offer advise of completing details I need to get back ?

 

Many thanks

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You are now at Allocation stage ...this progresses the claim to track and outlines the directions of how the claim will proceed.Its very important that you complete the N181 and return it by the date stated.

 

It is important to note that within the claimants directions they have opted for SCT Small Claims Track......significant on a claim over 10K and may be perceived as a signal of weakness in its claim.

 

Regards

 

Andy

We could do with some help from you.

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Andy

 

Thank you for your reply , I have now read through standard directions CPR 28 and Leaflet EX305 (as mentioned on the directions questionnaire from the court ) and tried to understand their contents as best I can.

 

In view of the fact that overall if need be , I think I would need to try and reach an agreed settlement on this claim and avoid any possibility of going to a court trial

Do I return the proposed directions to weightmans that they sent to me , agreeing to their suggested 3 months stayed period to try and negotiate a settlement ?? and if I do , Its presumably best just to print my written name on it rather than my actual signature on it ??

 

The proposed directions from weightmans suggest this 3 month period of claim to be stayed for negotiation , however the EX305 states that a judge will usually only allow to be stayed for 1 month , and if more time is required a judge will usually only give parties a further 1 month and no more ??

 

Weightmand proposed directions (point 5 ) a hearing for the claim would be a date in Jan / Feb 2016 . Presumably this does not have any bearing on the claim being potentially statue barred at this point , as the last payment I made on this was on the 3/1/2010 ??

 

If I am in agreement with these proposed directions from weightmans (as they seem a reasonable & realistic timescale , to attempt negotiation & reach settlement of the claim ) , then do I complete the the directions questionnare along these lines and do I need to send a copy to weightmans as well ?? or just return their proposed directions to them with my agreement.

 

Im at the point now where I believe I will have to try and reach a settlement with weightmans / cabot Financial , as they appear to be confident they have enough evidence to force the issue to trial and I really cannot afford to get a CCJ against me now having put all other debts & financial problems behind me over the last 5 and a half years !

My only case against them now seems to be that they have never been able to provide any true copy of a completed CCA agreement other than the original application form with my signature on (which may be adequate for their purposes to prove enforcement of the debt ? ) and they only ever provide a seperate copy of standard recent T&C's of the CCA rather than any original one or signed copy etc .

 

I aware I need to get details back to the court now asap and well within their deadline which I will ensue I do , just want to make sure that accepting that I need to agree to weightmans proposed directions & to try and negotiate is realistically by best chance to avoid getting a CCJ issued against me ?

 

sorry lots of questions I Know , Im just anxious to process this as I need too now and not take too much of your time keep coming back to you unnecessarily with lots of further questions.

Thanks

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mediation etc..theres nowt to mediate over until they provide an enforceable agreement

stand your ground

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Andy

 

Thank you for your reply , I have now read through standard directions CPR 28 and Leaflet EX305 (as mentioned on the directions questionnaire from the court ) and tried to understand their contents as best I can.

 

In view of the fact that overall if need be , I think I would need to try and reach an agreed settlement on this claim and avoid any possibility of going to a court trial

Do I return the proposed directions to weightmans that they sent to me , agreeing to their suggested 3 months stayed period to try and negotiate a settlement ?? and if I do , Its presumably best just to print my written name on it rather than my actual signature on it ?? You complete your N180 and also agree to Small Claims Track and mediation...copy to the court signed copy to the claimant (unsigned) also attach a copy of the directions to both....I personally wouldn't agree 3 months ...say 2...this is only allowing them more time to try to retrieve said agreement...its not for mediation purposes.

 

The proposed directions from weightmans suggest this 3 month period of claim to be stayed for negotiation , however the EX305 states that a judge will usually only allow to be stayed for 1 month , and if more time is required a judge will usually only give parties a further 1 month and no more ?? See above

 

Weightmand proposed directions (point 5 ) a hearing for the claim would be a date in Jan / Feb 2016 . Presumably this does not have any bearing on the claim being potentially statue barred at this point , as the last payment I made on this was on the 3/1/2010 ?? Clock stopped anyway on issue of the claim

 

If I am in agreement with these proposed directions from weightmans (as they seem a reasonable & realistic timescale , to attempt negotiation & reach settlement of the claim ) , then do I complete the the directions questionnare along these lines and do I need to send a copy to weightmans as well ?? or just return their proposed directions to them with my agreement. See above

 

Im at the point now where I believe I will have to try and reach a settlement with weightmans / cabot Financial , as they appear to be confident they have enough evidence to force the issue to trial and I really cannot afford to get a CCJ against me now having put all other debts & financial problems behind me over the last 5 and a half years !

My only case against them now seems to be that they have never been able to provide any true copy of a completed CCA agreement other than the original application form with my signature on (which may be adequate for their purposes to prove enforcement of the debt ? ) and they only ever provide a separate copy of standard recent T&C's of the CCA rather than any original one or signed copy etc .And that is the crux of the claim...hence the 3 months stay...no valid agreement ...no enforcement

 

I aware I need to get details back to the court now asap and well within their deadline which I will ensue I do , just want to make sure that accepting that I need to agree to weightmans proposed directions & to try and negotiate is realistically by best chance to avoid getting a CCJ issued against me ? Possibly should you wish to agree settlement

 

sorry lots of questions I Know , Im just anxious to process this as I need too now and not take too much of your time keep coming back to you unnecessarily with lots of further questions.

Thanks

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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DX thanks for your reply

Your response has also been my attitude up until this point , however it would seem that weightmans / cabot appear to be confident that despite me requested a true copy of a CCA with all the true and original T&C's , that they just provide the copy of the original short application for with my signature on at the bottom !

 

Im starting to worry that this copy of the application form may actually constitute an adequate form of documentation to be able to prove enforceablility of the debt ?

 

I need to reply to weightsmans by the 9th at the latest , (so in post SD on Monday 8th ) in response and acceptance of their proposed direction , as I poposed up in post 35. Presumably if I do accept this , than at the very least its buying me some time to negotiate / clarify whats required from the claimant ??

 

As I mentioned because im not sure or confident whether they have adequate to enforce the debt , I really cant afford to have a CCJ registered against me at this point , having spent the last 5 and half years suffering the effects of all credit history being completely trashed and sorting out all other previous debts which are now settled.

Andy had previously suggested that their proposed small claims track perhaps suggests a weakness in their claim , is this because they cannot actually provide a signed CCA or does the application form constitute the same as this , as they appear to believe it does ?

 

I certainly dont want to accept this particularly in view of the fact that as of Jan 2016 I believe enough time would have past for it to be potentially statute barred , however not sure If this is the most realistic path I have to take to avoid a CCJ ?

 

Hence the number of questions I raised / asked in post 37 , if either yourself or Andy could offer anything further to help answer these and direction for me, id really appreciate your help , you have both been invaluable in all your help to this stage.

 

many thanks

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DX /Andy

 

Sorry just sent my last post (post 40 ) and then had seen that Andy had also just replied to my previous questions in his reply post 39

 

I will respond as Andy has suggested and copy in court & weightmans , just perhaps update the proposed stay to the 2 month period as Andy suggests ..

 

It would seem that no one can really be sure whether the Short application form which does have my signature on , does actually constitute adequate proof to enforce the debt or not ? as I cant ever actually remember ever signing anything other than this in terms of an actually CCA

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hi ya

I see andy has answered

whilst you were posting.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so cabot have responded with a reply to your CCA request?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

DX /Andy

 

Sorry just sent my last post (post 40 ) and then had seen that Andy had also just replied to my previous questions in his reply post 39

 

I will respond as Andy has suggested and copy in court & weightmans , just perhaps update the proposed stay to the 2 month period as Andy suggests ..

 

It would seem that no one can really be sure whether the Short application form which does have my signature on , does actually constitute adequate proof to enforce the debt or not ? as I cant ever actually remember ever signing anything other than this in terms of an actually CCA

Cabots reply does not comply with s78(1)

 

Read the app form refers to clause 23 overleaf nowhere to be seen

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 months later...

Just a quick update

The only details i have had since I last posted are now attached and consist of

 

- a settlement offer sent from claimant (which I just ignored and frankly would advise that I had never recieved if need be )

 

- a notice of transfer of proceedings

 

- a standard order for stay for settlement with consent of all parties. (this details claim being stayed until 1st september 2015 )

 

- a copy of the claimants directions questionnaire that they submitted. ( I note in section C , THE PRE-ACTION PROTOCOLS , their comments about how they have NOT complied with the relevant pre-action protocol and not providing copy documentation ! ) so they have stated that they have not to date provided a vlalid copy of the CCA , other than the application form I posted previously )

 

my question is , In view of the fact that the stay period of the 1st sept is next week should I be sending or registering any further details , sent asap now & recorded before this date ?? The claimant has not sent any further details to me since their previous settlement offer on the 9th june which I viewed as just ridiculous and completely out of the question and so just ignored it completely !

 

I dont know what the next stage is to be & likely timescales ??

 

Any further advise or thoughts at this stage would be most appreciated as always

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Have you completed a directions questionnaire and returned it already? That's all that's required of you unless some sort of settlement has been reached and the claimant then notifies the court.

 

I note they have requested Small Claims Track. Are they trying to protect themselves against a big costs bill in the event they lose? It could be a fair indication of their confidence in this claim. On the other hand, it would also protect you against having to pay substantial costs should you go to trial and lose.

 

Just wait until you hear more from the court - probably a hearing date and directions. Soon after you should have a chance to get a better idea of how strong the claimant is positioned when you get their witness statement and any disclosure of documents/evidence. If there are weaknesses present you can then try to exploit them.

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On a £16 K claim ...no chance of SCT...its to protect themselves having to pay the hearing fee £545 in FT ....£170 In SCT.

 

Andy

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  • 4 months later...

ih

 

since my last update the following are the documents and correspondence I have had from the court and the claimants solicitors.

 

- a standard order for further stay until the 8th feb 2016 (which the claimants presumably requested as I did not) , dated the 161015

 

- 2 further suggested settlement offers from weightmans . I did not respond to either as im not in a postion to consider offers of this sort of amounts. dated the 301015 and 231115.

 

- a copy of suggested Draft Directions from weightmans that they are proposing to submit asking for me to agree with or make suggested amendments.

 

so it would appear that the claimant are determined to take this to a court hearing if need be.

 

If I send the agreed Directions back confirming that I agree with these , do I then presumably await to hear from the court of a date as suggested some time in April / May for the hearing ? and can expect to get any related documents they intend to use no later than 14 days before this hearing ?

 

As stated previously the only CCA documentation they have ever provided is a copy of a short application form as I have uploaded before and the t&c's have always been copies of more up to date ones as they contain details of the £12 late fees etc rather than £20 fees that would have been in place at the time of this agreement in 2002. So Im still unsure as to exactly what makes them confidently believe they have an enforceable agreement ?

 

In the time between now and any date for a hearing in April / May , is it still acceptable to reach a settlement agreement , I cant possibly entertain the figures their offers have suggested but if it came to it am unsure as to whether I should attempt to reach some form of agreement to pay back in instalments . Its taken the last 5 years to try and get my financial history slightly back on track that and I really want to try and avoid it being completely trashed again for the next 5 or 6 years with a CCJ on there ! But Im not really at all confident in what they believe they have to make this an enforecable agreement .

 

As always any advise would be most appreciated , thank you

Weightmans Settlement Offer No.2_ 301015.pdf

Weightmans settlement offer No.3_ 231115.pdf

Order for FURTHER Stay for settlement 161015.pdf

Weightmans Draft Directions_Before Feb 8th_190116.pdf

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Directions seem standard and fine mrben so I would run with them...with regards to their offers they do not appear to be in that much of a hurry to get to trial.

 

"If I send the agreed Directions back confirming that I agree with these , do I then presumably await to hear from the court of a date as suggested some time in April / May for the hearing ? Yes I assume you have completed and submitted your DQ ? and can expect to get any related documents they intend to use no later than 14 days before this hearing ? Correct and you must also do your disclosure and witness statement by any preset date.

 

Regards

 

Andy

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