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    • Hi 👋  I've received an out of the blue letter from Intrum saying they've passed a historic debt to Resolvecall who will be visiting our property if we don't get in touch.  I am certain this is statute barred and designed to scare us.  Do we ignore it?
    • 1) You can call them judge 2) I would say something to the line of "The Claimant needs to prove I was driving. I don't accept or deny being driving." 3) Yes I will see if I can find out for you now  
    • Hi All, I've just had the inevitable N24 and other paperwork arrive. I've read other examples on here and I think I understand the steps to follow. I have until the 28th May to return the N180 Small Claims Direction Questionnaire, I also have an N244 Application notice copy. I read an update on a case you kindly put a link in for me to read. Turns out they lost in court and are now struggling. I really don't want to get to that stage and am thinking mediation may be the way forward? Thoughts please? Pretty sure I've missed the 7 days to have the order set aside.  For reference, this is what I received: Dated 8th May Before Deputy District Judge Baker sitting at the Civil National Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH   The Court will deal with the application to lift the stay without hearing under CPR 23.8(c)   It is ordered that:   The Application to lift the stay and for direction questionnaires to be issued is granted.   Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and   a) the party making the application is the Defendant; and b) the Defendant is an individual,   then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.  
    • no ftmdave ive not emailed at ceo level..i did not know you could do that....but i will do now, thanks. ive just been wasting time emailing to customer complaints department
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Just instructed MCOL...


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thanks lets hope i win soon :D

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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ok, so looked on MCOL today and it states that a defence has been filed, guess i sit and wait for the AQ next, is that right?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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been having a bit of a read, i have seen threads about draft directions that need to be included with the AQ, can anyone explain in simple terms what this means and what do i need to include?

thanks

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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bump

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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Hi. I think draft directions are something you can ask the court to do (e.g. tell the court actual cost of charges) before you go to court. think this link may help. Good luck

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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My court orders are that the AQ should be dispensed with, so I have none to complete!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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thanks very much guys, hopefully i wont have to complete it at all then!

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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Hi guys, hope all is well, received a letter from the court today including LLoyds defence (standard 9 point as far as i can see) they have also attached a letter saying

 

Notice of Defence that Amount Claimed has been paid

 

The defendant says that the amount you are claiming has been paid (see attached form N9B)

 

Please tell the court what you widh to do by completing the lower jhalf of this form and returning it to the court on or before 6 May. You must send a copy of the completed form to the defendant as well as the court.

 

What is basically says is i had a payment of £750 as a goodwill gesture, i wrote to lloyds saying i would accept the payment as part payment (see prevoius posts) but not in full and final settlement.

 

I can fill in the form saying i wish to proceed with the claim but it does not give me the chance to mention the £750

 

Is this just lloyds trying it on?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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spoke to MCOL who said i should send a copy of the bottom part of letter filled in to them and to [problem], so will send that today and hopefully receive the AQ soon, has anyone else had this?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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hello...just wanted to check, do you think i will get an AQ or has something gone wrong somewhere...

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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Hi

You may or may not get one, lately a lot of Courts seem to be dispensing with the AQ, so it's just a matter of waiting, or give your local Court a ring and ask them.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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thanks Barty, i havent actually been told yet which court it has been transferred to, should i know this by now or am i getting ahead of myself?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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thanks, i will keep my eyes open for the postie!!

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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  • 2 weeks later...

quick update, my case was transferred to Hitchin Court on 20th April but they have not yet received my file so cannot tell me if i need to complete an AQ...the court is no where near my home address so i have asked for it to be moved (hopefully this wont matter as fingers crossed i wont actually have to go!) will just wait and see what happens with the post, seems to be taking so long though....patience i know :)

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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If you do not hear in about 2 weeks, phone Hitchin court staff - they are usually helpful.

 

If you end up with an AQ it has a part to request a transfer to your local court that you can complete. Be aware though this is likely to delay matters for a few months.

 

Regarding actually attending Hitchin court, whilst it is unlikely you will get to the main hearing, if there are directions or allocation hearings then you may be required to attend.

If I have been helpful please click on my star and add a comment.

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thanks for the reply, i think i will stick with Hitchin then if it will delay matters...i can travel there if i have to

 

will sit on my hands and try not to call anyone to hurry them up (i am a bugger for that!) :D

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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Got in the post yesterday a 'notice of transfer of proceedings' it says:

 

'A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives.

Please read the accompanying documents carefully.'

 

Then the following line has been crossed out

 

'note that the allocation questionnaire should be returned to the court'

 

So i guess no AQ needed??

 

Then it says

 

'Without hearing it is ordered that the filing of an AQ be dispensed with in this case unless the DJ at the court of transfer orders otherwise.

 

Then there is a copy of the defence and my documents...

 

So what is next?? It doesnt really tell me what to do??

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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I am the same - you wait to hear from your local court but don't hold your breath! Ours has a huge backlog - the transfer notice was dated 30th March and we still haven't heard anything.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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progres update for you all...

 

Received in post yesterday a 'Notice of allocation or listing hearing'

 

It reads:

District Judge Willers has considered the statements of case and allocation questionnaires submitted in the claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

District Judge Willers orders you to attend at 13.00 on the 15 June 2007 at Hitchin County Court.

The reason for the hearing is as follows:

1 The issues raised make this case unsuitable for Small claim Track. The court is proposing to allocate to fast track

 

Important Notice:

The hearing of this case will take place by way of a telephone conference. the defendantslegal rep is ordered to arrange the telephone conference.

 

Please note that the DJ has stated that you must pay the allocation fee of £100. Be advised that AQ's have been dispensed with but the case must still be allocated.

 

I think i understand most of it and i have spoken to the court. I am a little unsure of the difference between small and fast track and why mine is different, the court told me it is not to do with the amount of the claim so not sure really.

 

The court advised me to call **** to see if they are thinking of setteling as i would then not have to pay the £100.

 

I havent seen this before, anyone else?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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**** have turned their night service on anyway so no chance of getting through! Thanks for the links, one thing i am unsure of though, what is the difference between small and fast track?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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Generally if your claim £5K goes to fast track.

 

Procedurally not must difference, save standard disclosure, fast has it.

 

However, the significant difference is the exposure to legal costs. The party that looses will bear the others sides legal costs.

If I have been helpful please click on my star and add a comment.

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oh lordy, i cannot afford to pay their legal costs...my claim is for 3k so i am not sure why this has happened...what do you think the chances of **** settling before the hearing?

29-1-07 Prelim Sent

2-2-07 'No Way' Letter Received

12-2-07 Sent LBA

No Response

13-3-07 MCOL Filed

15-3-07 Notice Of Issue Received

18-3-07 Claim served to Lloyds

21-3-07 Recieved £750 offer

26-3-07 Claim acknowleged

4-4-07 Defence entered

25-4-07 Received notice of transfer

2-5-07 Received Notice of allocation hearing 15/6

31-5-07 I won!! Money in my account today :D

1-6-07 Prelim Sent - no reply

18-6-07 LBA sent - stupid reply

27-7-07 Filing N1

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