PRA group claim form - old Lloyd's loan 'debt'***Claim Discontinued***

[AndyOrch]

I will post you an example of Draft Directions...standard disclosure is done using the N265 form.

 

Andy

[chis1230]

OK Andy, many thanks

 

Unable to sort my printer/scannerror so I will just tell you what they have ticked on the dq.

 

A. Settlement

For legal reps only - ticked

1- yes

2- one month stay- yes

 

B.

2- trial yes, the defendants local court

 

C- yes

 

D. 1- no

 

E. Experts

No

No

No

 

F. Witnesses

 

Mr XXXXXXXXXX- the whole claim

 

G. Trial

Less than 1 day

3 hours

 

I. Other info

 

No

 

J.

 

Signed and dated 15/09/2016

[chis1230]

I'm a little confused with all this,

 

if you have to file proposed directions with the questionnaire then why haven't pra done that and why haven't they filled in part D4 - disclosure of non electric documents, or this what n265 is for.

 

I'm confused

 

am I right in saying if they don't disclose any documents here,then they can't produce them further down the line

[AndyOrch]

The N265 deals with disclosure...not the DQ

[chis1230]

Morning guys

 

Think I may be starting to get my head around this a little bit, after reading other posts.

 

Am I right in saying

 

1. The N265 disclosure comes later and nowt to worry about yet.

 

2. I need to include a draft order for directions with the the DQ, but the directions need to be agreed with the claimant before they are sent ?

 

How do I agree directions with them?

 

The dq and directions need to be with the court by October 13th.

 

Thanks

[martin2006]

At this stage with your case, wait for Andy to give confirmation for what is required, he is far more knowledgeable with CPR process

[AndyOrch]

Morning guys

 

Think I may be starting to get my head around this a little bit, after reading other posts.

 

Am I right in saying

 

1. The N265 disclosure comes later and nowt to worry about yet. Correct...Notice of allocation will provide the directions and dates.

 

2. I need to include a draft order for directions with the the DQ, but the directions need to be agreed with the claimant before they are sent ? Correct...but the claimant usually sets the Draft Directions and serves them on you...not the defendant on the claimant...but if they fail to serve or agree you can just submit them with the DQ ...unagreed.

 

How do I agree directions with them? Only if they provide them first

The dq and directions need to be with the court by October 13th.

 

Thanks

 

Andy

[chis1230]

Hi guys

 

Time is getting close to the deadline of 13th October for submitting the DQ.

 

Have not received any directions to agree to from the PRAts, so guess I will have to get my own directions wrote up and submit them unagreed.

 

Any help with this is gratefully appreciated.

 

Thanks

[AndyOrch]

Should be an example of standard Fast Track directions in that link I provided previously Chis

 

Andy

[chis1230]

Thanks Andy, I have attempted draft directions from looking at the other thread, just not to sure about number 1 as the other case is small claims, but here goes

 

In the county court bulk centre claim number xxxxxx

 

PRA group plc claimant

and

chis1230

 

#######Draft directions########

 

1. The claim be allocated to fast track

 

2. Each party must by 4.00pm on the xxth xxxxx 2016 serve to the other party standard disclosure of the original documents on which this claim relies.

In particular original copies of the agreement & terms and conditions, the default notice and the notice of assignment.

 

3 .Each party must by 4.00pm on the xxth xxxxx 2016 serve on every other party signed statements of all witnesses of fact on whom they intend to rely.

 

4. Costs in the case

[AndyOrch]

Yes thats fine chis

[chis1230]

Hi

Thanks for confirming Andy, I know I'm going on a bit but do I need to just send draft directions printed on A4 paper?

 

Do I need to write anywhere that they are un-agreed directions.

Also still a bit stuck on what to write in D4 on the dq.

Other than that ready to post.

 

Thanks again

[AndyOrch]

Hi

Thanks for confirming Andy, I know I'm going on a bit but do I need to just send draft directions printed on A4 paper? You attach it to the DQ

 

Do I need to write anywhere that they are un-agreed directions. You can add that to the directions header if you wish

Also still a bit stuck on what to write in D4 on the dq. State " See directions point 2 "

Other than that ready to post.

 

Thanks again

 

[chis1230]

Cheers Andy

[chis1230]

Hi

 

Letter n271 today

Notice of transfer of proceedings to my local court, who will allocate to track and give directions.

 

Please await the judges directions.

 

So I guess that's what I will do.

[AndyOrch]

Normal process chis...post up if you have any queries with regards to completing the DQ

[chis1230]

Hi guys

 

Letter today dated 20th October

 

Notice of allocation to fast track.

 

The parties must give standard disclosure by 4 pm on 17th November.

 

Requests for copies and or inspection must be made by 4 pm on 24th November.

 

Lay witness evidence must be exchanged by 4 pm on 29th December.

 

The trial of this claim will take place between 6th February and 24th February 2017 and will take 3 hours.

 

Each party must file a completed pre-trial checklist no later than 12th January 2017.

 

The claimant must lodge at court and serve upon the defendant at least 5 working days before the trial a trial bundle in accordance with cpr 39.5 and accompanying practice direction.

 

The parties may apply to vary,stay or set aside this order in accordance it has cpr 3.3 (5) (6) within 10 days of service of this order.

[chis1230]

Hi

Anyone able to point me in the right direction with the above orders please.

 

I know it's 2 weeks away before standard disclosure is required but don't want to leave it until the last minute.

 

Thanks in advance

[martin2006]

Andyorch is best placed to advise Chis, he will pop in as soon as he sees it

[AA99]

Subbing

[chis1230]

Confused AA99. Subbing ?

 

I understand standard disclosure is done via form n265 or something like that.

 

Where does this form come from as they haven't sent this to me.

 

Once standard disclosure is done I guess then I can request for copies of everything the claimants ave disclosed.

Am I correct.

[AndyOrch]

Standard disclosure in the Fast Track is done using the N265

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-Sept-2016**

 

As the defendant you are only expected to complete the section after the signature box

Also list your exhibits you intend using in your witness statement on this form.

 

Andy

[chis1230]

Thanks Andy

 

Just a few things..

 

I have printed the N265

Just to clarify the first 2 pages will be left blank apart from case details

 

Page 3 will include everything I have to disclose, copy of cca request and their reply, copy of cpr request and proof of postage/signatures.

 

Do I send this to the claimant and the court?

Do I have to include a ws with this or does that come later?

 

Sorry for the questions but the directions are not easy to grasp for someone who doesn't have a clue

[AndyOrch]

Thanks Andy

 

Just a few things..

 

I have printed the N265

Just to clarify the first 2 pages will be left blank apart from case details Correct

 

Page 3 will include everything I have to disclose, copy of cca request and their reply, copy of cpr request and proof of postage/signatures.Proof of postage is not included..only documents your refer to within your defence /witness statement...your evidence relied upon.

 

Do I send this to the claimant and the court? Claimants Solicitor and the Court

Do I have to include a ws with this or does that come later? What date does it state within your directions for witness statement?

Sorry for the questions but the directions are not easy to grasp for someone who doesn't have a clue

 

Andy

[chis1230]

Hi Andy, thanks for reply

 

The directions don't mention a ws, unless that's what lay witness evidence is, if so it's the 29th December, not really sure though.

Directions are 8 posts above.

Thanks again