HFC/Weightmans - old Marbles card debt - Statutory Demand withdrawn now claimform

[bennieee]

This is what I am going to put on the form; (I will send a copy to the claimant.)

 

Section A - Do you wish there to be a one month stay - No

 

Section B - Location of trial - Yes - I respectfully request that the case is heard at *** Court as I am a litigant in person.

 

Section C - Pre action protocols - No - I will state on a new piece of paper that I have requested information to be disclosed but as yet have not received a reply and therefore can not supply anything in return until my request is complied with.

 

Section D - amount ***

Applications - No

Witnesses -Me as a witness of fact

Experts - No

Track - Fast

 

Section E - I think one hour although they have listed 3 hours on the AQ

(do you think this is reasonable?)

 

Section F - Directions - Yes and I will attach directions

Have they been agreed - No

 

Section G - Costs - I will leave blank

 

Section H - Other - Yes for the attached docs

Yes for sending to other parties

No for intended applications

 

and in the box -

Please find the following attached to this allocation questionnaire;

1) Section H - other information

2) Draft order for directions

3) Section C - Pre-action protocols

 

Do you think that this is ok?

[pt2537]

Hi,

 

SORRY FOR NOT CHECKING BACK

 

ive been inundated with stuff going on

 

right then, just having a read of what weve got 2 minutes and ill let you know

[pt2537]

This is what I am going to put on the form; (I will send a copy to the claimant.)

 

Section A - Do you wish there to be a one month stay - No

 

Section B - Location of trial - Yes - I respectfully request that the case is heard at *** Court as I am a litigant in person.

 

Section C - Pre action protocols - No - I will state on a new piece of paper that I have requested information to be disclosed but as yet have not received a reply and therefore can not supply anything in return until my request is complied with.

 

Here i assume that youre referring to part 2, if you are, id consider sending a copy of the request for disclosure that you sent as well just to cover all bases

 

Section D - amount ***

Applications - No

Witnesses -Me as a witness of fact

Experts - No

Track - Fast

 

Section E - I think one hour although they have listed 3 hours on the AQ

(do you think this is reasonable?) go for 2 hours just to be on the safe side although it wont take that long if they dont supply the documents

 

Section F - Directions - Yes and I will attach directions

Have they been agreed - No

 

Section G - Costs - I will leave blank

 

Section H - Other - Yes for the attached docs

Yes for sending to other parties

No for intended applications

 

and in the box -

Please find the following attached to this allocation questionnaire;

1) Section H - other information

2) Draft order for directions

3) Section C - Pre-action protocols

 

Do you think that this is ok?

 

looks fine to me, dont forget to print off the directions and the sct H info to send with the AQ

 

Regards

paul

[bennieee]

Thanks Paul

[bennieee]

I wondered if some one could clarify the the template letter for the CCA request - this bit;

 

I do not acknowledge any debt to your company I understand that under the Consumer Credit Act 1974 (Sections 77−79)

Is it okay to add this as it stands or should I amend it to reflect whether it is a card or loan or overdraft?

TIA

[shieldblaster]

If you are denying any knowledge of a debt to this company then you wouldn't know whether it was a loan, credit card or overdraft. So I would leave it be until they provide proof

[bennieee]

thank you

[Brassed off]

Put the "I do not acknowledge any debt..." in block capitals and bold at the top of the letter thus:-

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

[bennieee]

I am comleting the list of documents:standard disclosure - form N265, would I be correct in thinking that I need only complete the claim details/claimant/defendant etc and then just tick the Defendant box, date and sign it and attach the list of documents and documents to it? the other bits are about carrying out searches but don't seem to be relevant - is this correct?

[pt2537]

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305_e0907.pdf

 

hi have a read of this helps sheet from the court service, it should help answer your questions

[bennieee]

thanks Paul, I looked this but it doesn't give advice on completing the bits about the document searches - so am a little confused

[pt2537]

Hi

 

ok, well, i am a wee bit busy at this moment in time

 

the best thing i can suggest is to give your court a quick call,they are very helpful in these matters and if you explain that you only recieved the order a day or so ago im sure they will point you in the right direction

 

if youre still stuck then, give us a shout

 

 

 

regards

paul

[bennieee]

ok will do

 

I am still trying to complete the disclosure list - I have spent hours trying glean information on here - I have all the documents that I have in my possession and have all these listed but am really confused as to which bits of the consumer credit act I need to list and include. I have the documentation from Wilson v First County Trust. Does anyone know what else I should include?

 

I presume that I don't need to include the AQ in the list of docs as they already have this, is there anyone that can help with which bits of case law and acts that I need to include in the bundle?

[pt2537]

what did the court say?

[bennieee]

it says; each party shall give standard diclosure to the other party by list (with a copy of all the relevant documents attached) by 4:00pm

 

do you mean calling the court - I asked them about timescales as our post is so slow -( I got an unrelated letter this morning dated and postmarked the 5th Jan) and also about the form but they said that they were not able to help - they siad that they were not able to give advice

 

and also do I need to include a further copy of my defense in the bundle as they have had this also?

 

I have just called the the court again and they are willing to extend the deadline until friday due to the lateness of the post and they have updated their system accordingly. I have listed all the documents that I have bar the defense and the aq so far and also the wilson case para 29. Is there anything else that needs to be added?

[pt2537]

i would say,

 

All copies of letters and correspondence (i mean everything) itemized as per the Document i sent you

 

under the heading statutes

 

CCA 1974

 

Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)

 

under the heading of case law

 

Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339

EDIT, just seen your above post, i see you have to send a copy to the court

[bennieee]

thanks Paul, I have added all that I have but it is not much as I am still waiting for all the info requested from the solicitors. Do you have a copy of the CCA1974? I have the rest - thank you so much for your help.

 

sorry to be really thick but when you say everything, do you mean the defence statement and also copies of the AQ's as well as the court and the claimant will already have these

 

I have documented everything as per the doc that you sent, thank you for sending that to me

[pt2537]

hi, nope , including your defence would be an idea to refer to imho

however what you need is every letter that you have sent the claimant in discussion of this dispute and every reply they sent back

 

you dont need to include the copy of the AQ

 

i would say that you need to copy the key points from the CCA.

 

section 60,61,78,127

 

but heres the best place to copy that from Results within legislation - Statute Law Database

 

as the copy i sent you has been amended by the 2006 cca which for these purposes is irrelevent

[bennieee]

thank you - I will add the defence in, I have copied every letter and response in, I can list it all here but it will be later this evening.

 

thank you for the link to the CCA.

[pt2537]

oh and also the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

 

regulation 2 is important

 

did they incidently provide any copy of the credit agreement ? or anything else

 

i cant remember off the top of my head

[bennieee]

 

 

this was the app form that they sent in response to the CCA, they have not replied to my data request, I also sent a SAR to HFC in July but did not get a reply.

 

They sent a Stat demand that I completed a set aside for and the courts wrote to advise that it has been withdrawn including the claimants letter to the court to withdraw it but no conf from the claimant.

 

The sent a copy of an AQ but other than that nothing

 

i have not has a default notice that I can find other than one that was included in the claim I posted it on here and it appears to be ok, I did notice that my postcode was incorrect - but other than that was correct

application form.pdf

[pt2537]

right then

 

firstly,

 

it is not compliant with Regulation 2 ,Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557) as it is not clearly legible and the lettering is not clearly distinguishable from the background

 

secondly, the prescribed terms set out in schedule 6 (regulation 6(1)) of Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) are missing, and further more Wilson and another v Hurstanger Ltd confirms that the prescribed terms must be contained within the agreement not in a seperate document

[bennieee]

This is the list of documents that I have - not much received as I am still waiting for a response in regards to the data request.

1. Correspondences

...........Date……….Description ......................... ......................... .............No. of pages

(A) 05-07-07 Copy of Statutory Demand received from Weightmans Solicitors – to bennieee

(B) 12-07-07 Letter: Data Protection Disclosure Request from bennieee to Weightmans Solicitors

© 12-12-07 Letter: Data Protection Disclosure Request from bennieee to HFC Bank Ltd

(D) 19-07-07 Letter: Weightman’s response to (B) from Weightmans Solicitors – to bennieee

(E) 23-07-07 Letter: querying (D) from bennieee to Weightmans Solicitors

(F) 24-07-07 Copy of Application to set aside Statutory Demand.

(G) 01-08-07 Letter: Informing that the Statutory Demand has been withdrawn from Swindon County Court to bennieee

(H) 12-10-07 Copy of County Court Claim form

(I) 19-11-07 Letter: Request for Information from bennieee to Weightmans Solicitors

(J) 04-12-07 Copy of defendant’s Defence.

(K) 12-12-07 Letter: Copy of Notice that Defence has been filed from Liverpool County Court to bennieee

(L) 13-12-07 Notice of Transfer of Proceedings from Liverpool County Court to bennieee

(M) 27-12-07 Letter: Covering letter with claimants Allocation Questionaire from Weightmans Solicitors – to bennieee

(N) 31-12-07 Letter: Claimant to Solicitors – confirming return of Allocation from bennieee to Weightmans Solicitors

(O) 04-01-08 Court Document – General Form of Judgement or Order

2. Statutes

...........Description ......................... ......................... .............No. of pages

(AA) CCA 1974 section 60,61,78,127

(BB) Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

(CC) Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561)

(DD) Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557)

(EE) Consumer Credit (Enforcement, Default and Termination Notices)

(Amendment) Regulations 2004 (SI 2004/3237)

The Claimant will also make reference to the following case laws;

...........Description ......................... ......................... .............No. of pages

1.Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 (5)

2.Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 (1)

3. Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) (20)

[bennieee]

Hi all,

 

I am reaching the end of the paperwork regarding a court case with HFC - the last thing that I need to do is the pre-trial checklist.

 

Does anyone have an example of one of these, it is all pretty much straight forward except the first page -

 

1. I confirm that I have complied with those directions already given which require action by me. YES

 

2. I believe that additional directions are necessary before the trial takes place. YES/NO

 

I don't think that additional directions are needed as they remain the same as when they were first submitted. ...

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment if any,
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925 if any.
  
• Copies of any statement or other document relied upon,

the judge ordered that the claimant supply all the information detailed in a request for information;

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

but this has not been forthcoming.

 

I have written to request this again but my requests have been ignored. Should I just write again and does anyone have a letter that can be used?

 

 

Witnesses is just me - there are no experts allowed.

 

Presentation, again just me

 

The Trial details are straight forward

 

and then F - It lists a series of tick boxes, asking you to say which you have attached,

 

an application and fee for additional directions

a draft order

Listing fee - what is this?

A proposed timetable for trial - what do I need to for this?

An estimate of costs - Do I need to submit this as I am the defendant.

 

Thank you in advance

[Hopeful1]

Hi i'm just 'bumping' this for you to see if someone can offer you some advice