Alliance Automotive Claimform - Fast Track - Ltd Company Business to Business Debt re vehicle parts - Claimed Sum inflated by claimant n9A admit i owe £7K **SETTLED IN COURT **

[AndyOrch]

What date did you file it ?

[MISTY3362]

Hi Andy,

Thank you for the response.

As per #46 above... it was due in on 14th Feb but was signed for, at court, on 15th as it took a day longer than expected to arrive.

I received the claimant DQ on 14th Feb.

 

Thanks for your help.

 

[AndyOrch]

May be worth a phone call then just to check although they will probably tell you there is a backlog and being processed. But just for peace of mind even though you know it was signed for.

[MISTY3362]

Hi,

Called the court yesterday and they said they were dealing with paperwork received on 15th February at the current time so would probably show up in the next day or so.

Now I have this on MCOL:

 

DQ filed by claimant on 03/03/2022

You filed a DQ on 08/03/2022

Your claim was transferred to CHELMSFORD JUSTICE CENTRE on 08/03/2022

 

 

My DQs have clearly been ignored!!!

Can I do anything here?

 

Thanks

Edited March 8, 2022 by MISTY3362
reword

[AndyOrch]

Quote

You filed a DQ on 08/03/2022

 

Why as it been ignored?.....states above your filed 8th Mar ?

[MISTY3362]

Hi Andy,

 

Nothing else on there, that was copy and pasted from MCOL.

 

Thanks

[AndyOrch]

What else exactly are you expecting to find there ? 

 

It says you filed your DQ on the 8th March.

Your claim was transferred to CHELMSFORD JUSTICE CENTRE on 08/03/2022.

 

 

Job done that's the end of MCOL...everything now is with  CHELMSFORD JUSTICE CENTRE they take over the claim....and will send your  Notice of Allocation with the next stages of the claim when and what date you must prepare document's.

 

 

All quite normal.

[MISTY3362]

Hi Andy,

 

Ok thanks, I thought you were asking what was was above it, just misunderstood.

I was under the impression that it would be allocated to the defendant's local court not the claimant?

Chelmsford is not anywhere near to us!!

 

Thanks

Rob

 

[AndyOrch]

Okay I wasn't aware...so you did state your Local County Court on your DQ ?

[MISTY3362]

Hmmmm it appears not......I took post #32 to mean clear the whole of part 1.

I should have left the local court in.

Can this be reallocated at all or am I now stuck with a day trip to Chelmsford?

 

Thanks

[AndyOrch]

Should have stated your local county court at B1...all money claims are always allocated the the litigant defendants county court.

You could speak to Chelmsford and seek advice...they may insist that you make an application with fee...some dont.

[MISTY3362]

Hi Andy, spoke to the court, as we are a Limited Company, the claimant gets the pick of geographical location.

We can make an application on N244 for a cost of about £200 but the district judge charged with allocating will ultimately decide.

Currently allocated to Fast Track but has obviously not been seen by DJ yet for allocation.

Looks like a day trip.

 

Many thanks

[AndyOrch]

Yes that's correct I forgot your were not LIP

[MISTY3362]

Ok thank you for your time Andy.

Will revert with further news.

[MISTY3362]

Hi, been a bit of a delay but allocation has been made to small claims track, so thank you for the advice up to now.

 

 

Many thanks

 

 

 

NOA.pdf

[AndyOrch]

So points 6 - 10 are your directions and which you must follow and comply with by the dates stated. A witness statement and evidence is your next task.

 

Plenty of examples here on the forum to follow and give guidance. Post a draft here when your ready for opinions/amendments.

 

Andy

[MISTY3362]

Will do some research and do as you suggest, thanks Andy.

[MISTY3362]

Hi Andy,

I've finally been able to spend a little time on this.

I know it needs more work structurally but I'm assuming as the case is fairly simple it does not need vast amounts of content.

Please let me know if you think I am on the right track with this?

Many thanks

 

Witness statement.pdf

Edited July 17, 2022 by FTMDave
PDF added/personal details removed

[AndyOrch]

Requires work this must be filed by this Friday .400pm. Can you upload a further copy in Word format please and remove the properties when you save (author name ) then I can quickly copy and paste and edit.

 

Andy

[MISTY3362]

Thanks Andy,

Apologies if this is causing more issues.

Your help is much appreciated.

 

 

N9A.pdf

[AndyOrch]

One witness statement in support of your defence. I wasn't sure what name the claim had been served to please amend to suit.

Pre Action Protocol does not apply to P2P unless you are a sole trader.

 

In the County Court at XXXXXXXXX.docx

 

 

 

 

Regards

 

Andy

 

[MISTY3362]

That's brilliant Andy thank you for taking the time on this.

Just to clarify, is this the only thing I send, with exhibits/proofs, or do I send the original attachment as above as well?

Thanks for your help

 

 

[AndyOrch]

Send the statement to the court /claimant attach exhibits referred to...you can add more exhibits if relevant if you wish but you must add them to the statement by paragraph and mark accordingly. I thought just a copy of what was agreed and a statement of your payments should suffice.

 

 

.

[MISTY3362]

Excellent thank you very much.

[MISTY3362]

Hi, I have just posted the WS from the claimant as the pack is full of invoices, Ts&Cs and postage costs.

If there are any parts required please let me know and I will try to post them.

They are relying on Commercial Debts Act by the looks of it.

Also, I have no record of the LBA on 18 Oct 2021 (13). 

I am looking at exposing their lack of communication subsequent to the verbal agreement which appears in breach of the pre action protocols.

What do you think of this angle?

Does this all now need to be handled in the hearing or can I query anything beforehand, LBA for example?

 

Thanks for the help.

 

IN THE COUNTY COURT AT.pdf