Think i've messed up big time **DEFENCE & C/C STRUCK OUT** WON**

[Kazzie]

fingers crossed! got everything crossed Kazzie:D hope like GaryH said in post 16 through their ineffeciancy it gets struck out or off where :pever it go's .

Will be watching your thread with bated breath, all the best.

 

Thank you Remus i appreciate it. I wonder if your finding it as difficult to type with everything crossed as i am :grin:

[Kazzie]

We've been successful in helping a vast many people who had previously been to the CAB and found them to be utterly toothless.

 

Unfortunately that has been my experience as well. I appreciate Gladstanes advice but on two occasions on two different subjects i have been to my local CAB, and on both occasions i came out deflated and none the wiser.

I know they mean well but they didn't seem to have the knowledge (or the inclination to gain it) to offer any meaningful advice. Indeed on both occasions i knew far more on the subject and had to enlighten them.

 

On that basis i think i'll give them a miss. I can almost certainly gain far more help and specialist knowledge on this site, and if i have to go into battle i can do without someone that will stop on the way for a picnic :grin:

[nicsussex]

On that basis i think i'll give them a miss.

 

I really think as Gary says above you should explore every avenue.

[GaryH]

Yes, it certainly would'nt hurt.

 

Also, regarding the media, I've just noticed this announcement which could be of interest - http://www.consumeractiongroup.co.uk/forum/announcements/4/85/center-itv-problems-debt-83.html

[GuidoT]

GaryH - I cannot access that page.

 

As you rise up you forget about us at the bottom of the heap, that do not have your privileges.

[GaryH]

lol:D

 

You should be able to though - its a general announcement. Have a look at the top of the forum - "ITV needs volenteers" I think?

[GuidoT]

GaryH - Your link address is slightly different, it contains in the middle 4/85 as oppose to 3/11.

 

The 4/85 must be special for those who have made it.

 

Anyway just for for Kazzie, here is one that can be accessed by us lowly people (no offence Kazzie):

http://www.consumeractiongroup.co.uk/forum/announcements/3/11/center

-itv-problems-debt-83.html

 

Sorry cannot resist it, I have refrained from this type of childish behaviour for too long.

 

It is out of my system now and that is the end of it.

 

By the way I will email over the amended Statement of Evidence in the next couple of days.

[Kazzie]

I really think as Gary says above you should explore every avenue.

 

Hi nicsussex

 

Please don't imagine i take the decision lightly if i decide not to follow a particular piece of advice given to me.

I appreciate all constructive advice given, and am only to aware of how much i need it! I have no experience of claiming back bank charges but i do have a lot of experience of the CAB (and so far they have never been of any help). I have been through a bankruptcy, a re-possession and 2 appeal processes relating to other matters (both of which i won), so i do have some idea of how these things work and of what advice is out there.

 

Yes, there is a tiny possibility that they may be able to help me, but the reality of the situation is that i don't have much free time in the next 2 weeks, and this time is best utilised by exploring avenues that are able to offer me more specialised advice as opposed to the more general advice that the CAB are trained to give. I really do think i've made the right decision on this one.

 

Thanks anyway for your advice. This is a brilliant site with a real buzz to it, and i'm amazed at the sheer amount of information and well informed advice it provides. Thank goodness i found it in time!

[Kazzie]

Hi GuidoT

 

Thanks for the link but your one doesn't work either :grin:

Think i've found it though thanks very much.

 

http://www.consumeractiongroup.co.uk/forum/announcements/3/11/center-itv-problems-debt-83.html

[GuidoT]

You are correct, it is a broken link fest, let us see if this works:

http://www.consumeractiongroup.co.uk/forum/announcements/3/11/center-itv-problems-debt-83.html

[Kazzie]

Court wrote today with copy of Lloyds defence and Part 20 counterclaim. I rang the court again and they said Lloyds paid the £100 fee yesterday. They hadn't paid when i rang yesterday morning, so they must have paid it later on in the day

 

 

Oh well, back to the business of my defence i suppose. I've now got 5 days to complete AQ and get a defence together. I've thrown the husband out, put the children up for adoption and have just shot the dog. Hopefully this means i can get on without any distractions.

[judi3]

poor dog !

[remus]

you either laugh or you cry! keep your pecker up Kazzie;)

[Kazzie]

Am in the process of getting everything together for the court, with the intention of submitting in on Tuesday.

I would appreciate it if someone could please confirm that i've got things right. I may well have to add to this before i take it in (concerning defence to the Counterclaim) but i want to be sure of what i take so far, and if i've missed anything.

 

1) I should take 3 copies of each of the following in with me;

 

1) Schedule

2) N244 (as i need to file an amendment to my particulars of claim)

3) Claim form (N1)

4) Section G - other info (as part of the AQ)

5) Draft Order for Directions

 

Plus

The AQ, £100 for the AQ and £35 for N244

 

2) I should attach 'Section G - other info' to the AQ followed by the Draft Order.

I should attach the N1 to the N244 and the Schedule and give these in separately to the AQ.

 

3) What, out of the above, should i send to SC&M (the solicitors)

 

4) In the top right hand box of the Application Notice (N244), there are sections that ask for claim No. etc.

There is also a section to be filled in with Claimants ref. and defendants ref. What should i put in these?

 

5) Should the date i put on the bottom of Section G of the AQ be the date i intend to take it to court?

 

6) On the N1 claim form under the 'Value' section i have listed the items that were suggested with the N1 template. I've put the 'Court Fee' section down as £120 and am now wondering if i can add the £100 AQ fee to this and make it £220?

 

7) I sent SAR and the CCA request off last Saturday - by recorded delivery. I sent it to the 25 Gresham Street address. I've just seen a recent post where a different address is given. Will it make any difference to anything if i've sent it to the wrong one?

[Kazzie]

Bump............please forgive bumping, i've only got tonight or Monday afternoon to do this bit and was hoping to do it asap. I presume everyone else must be trying to get things tied up for the weekend as well!

[Kazzie]

i think i have sorted out questions 1 to 4. Can anyone help with 5 or 6 please?

[remus]

Hi Kazzie, the date is the date you signed it, ie todays date.

was going to answer your 2nd question, but i'm not 100% I think no, (happy to be corrected;) ) but if you are handing it in ask at the time. don't stress

post 39 q7,I read some where that it gets past on to the correct department.

Happy claiming:D

read read and read some:p more

[GaryH]

Am in the process of getting everything together for the court, with the intention of submitting in on Tuesday.

I would appreciate it if someone could please confirm that i've got things right. I may well have to add to this before i take it in (concerning defence to the Counterclaim) but i want to be sure of what i take so far, and if i've missed anything.

 

1) I should take 3 copies of each of the following in with me;

 

1) Schedule

2) N244 (as i need to file an amendment to my particulars of claim)

3) Claim form (N1)

4) Section G - other info (as part of the AQ)

5) Draft Order for Directions

 

Plus

The AQ, £100 for the AQ and £35 for N244

 

Yep

 

2) I should attach 'Section G - other info' to the AQ followed by the Draft Order.

I should attach the N1 to the N244 and the Schedule and give these in separately to the AQ.

Yep

3) What, out of the above, should i send to SC&M (the solicitors)

The lot

4) In the top right hand box of the Application Notice (N244), there are sections that ask for claim No. etc.

There is also a section to be filled in with Claimants ref. and defendants ref. What should i put in these?

The ref. is not important, although it can be found on the notice of issue, acknowledgement, etc.

5) Should the date i put on the bottom of Section G of the AQ be the date i intend to take it to court?

Yep

6) On the N1 claim form under the 'Value' section i have listed the items that were suggested with the N1 template. I've put the 'Court Fee' section down as £120 and am now wondering if i can add the £100 AQ fee to this and make it £220?

No - just the issue fee. The fee's will be returned in settlement anyway.

7) I sent S.A.R - (Subject Access Request) and the CCA request off last Saturday - by recorded delivery. I sent it to the 25 Gresham Street address. I've just seen a recent post where a different address is given. Will it make any difference to anything if i've sent it to the wrong one?

No, as long as you sent it to Lloyds TSB address, it'll get passed to the correct department.

 

I'll PM you in a minute.

[Kazzie]

Ok Gary, thanks for the above. Have responded to PM.

[Kazzie]

To enable me to reply to Lloyds Counterclaim, have sent off a revised SAR/CCA request this morning by recorded delivery (as advised by GaryH).

 

This mentions that the matter is now the subject of legal proceedings and that they are obliged to disclose the details under the Civil Procedure Rules, and have given them 10 days to respond.

Will be taking AQ and amended particulars of claim to court tomorrow hopefully.

 

Now its just wait and see i suppose.

[GaryH]

You'll still have to file the defence on time though, if that is still the route you wish to go down.

 

Its not actually a full defence, you are requesting a stay untill they furnish the agreement.

 

Hopefully, Lloyds will not be able to produce the agreement, although this does seem unlikely as its fairly recent. The other thing you may be able to capitalise on is that if the agreement is not properly execuited.

 

It also may be the case that they back off when they see your intending to defend it.

 

Obviously if they produce a 100% valid agreement you would have to reconsider your position.

 

As I've mentioned previuously in this thread, remember that you are likely to be in the fast or multi-track, so this obviously carries costs exposure if you were to lose.

[Kazzie]

You'll still have to file the defence on time though, if that is still the route you wish to go down.

 

Its not actually a full defence, you are requesting a stay untill they furnish the agreement.

 

 

 

Hopefully, Lloyds will not be able to produce the agreement, although this does seem unlikely as its fairly recent. The other thing you may be able to capitalise on is that if the agreement is not properly execuited.

 

It also may be the case that they back off when they see your intending to defend it.

 

Obviously if they produce a 100% valid agreement you would have to reconsider your position.

 

As I've mentioned previuously in this thread, remember that you are likely to be in the fast or multi-track, so this obviously carries costs exposure if you were to lose.

 

Thanks for the defence Gary, got everything i need for tomorrow now, and thanks for pointing out the risks.

As i'm requesting a stay should i still submit the 'Draft Order for Directions' and the 'SectionG - other information' (with the AQ), or does this not make any difference?

One other thing, i take it that i should attach the 'defence to counterclaim' to the AQ, and list this in Section G as, wait for it........'defence to counterclaim'. Sorry for being dumb! :?

[GaryH]

Thanks for the defence Gary, got everything i need for tomorrow now, and thanks for pointing out the risks.

As i'm requesting a stay should i still submit the 'Draft Order for Directions' and the 'SectionG - other information' (with the AQ), or does this not make any difference?

Yes, you can still request the draft.

One other thing, i take it that i should attach the 'defence to counterclaim' to the AQ, and list this in Section G as, wait for it........'defence to counterclaim'. Sorry for being dumb! :?

 

Don't attach the c/c to the AQ - submit it seperately. Did you receive any sort of response form from the court with the counterclaim? If so, submit the c/c attached to that.

 

So you've got;

 

1) Counterclaim

2) AQ, draft order, and section G attachment, £100 fee

3) N244, new POC, schedule, £35 fee

 

Obviously if you qualify for remission or exemption you will not have to pay the fee's - you'll have to fill in the appropriate form instead.

[Kazzie]

Don't attach the c/c to the AQ - submit it seperately. Did you receive any sort of response form from the court with the counterclaim? If so, submit the c/c attached to that.

 

So you've got;

 

1) Counterclaim

2) AQ, draft order, and section G attachment, £100 fee

3) N244, new POC, schedule, £35 fee

 

Obviously if you qualify for remission or exemption you will not have to pay the fee's - you'll have to fill in the appropriate form instead.

 

Ok, i've got it, thanks for making it so easy to understand, as usual

 

Court sent a cover letter quoting Case No. and saying 'Please find a copy of the defence and part 20 claim recived at the court on 24 April 2007.'

I'll submit it to that then.

[Kazzie]

Can anyone please help me with this question before i take it to the court today?

Have filled in section G of the AQ saying please find attached 1) Section G - other information and 2)Draft order for directions. Have also followed the advice on template saying to add on bottom of section G

'This allocation Questionnaire and its attachments were sent to the defendant on **/**/**'

Am now just wondering how i send AQ to Defendant as well as give it to the court, Should i photocopy the AQ so i have 3 copies of that as well? :-?