HFO/Turnbull/Rutherfords Claimform - Citi Credit Card DEbt

[popeye1]

Is this Case man conference not the end of it al , one way or another.

[tomterm8]

A case management hearing is not a trial, it attempts to set out directions for the hearing, and deal with questions such as if their case is clear or not.

[popeye1]

Do i treat this as a trial ,have all the paper work ready

[popeye1]

Getting close to case management conference, any one been on one, thanks.

[popeye1]

any one been to c/m/conference,please

[PriorityOne]

Hi Popeye.... Tomterm's signature says not to expect him online for a while, so you may want to PM one of the other legal bods for help; PT2537 and Rory32 always spring to mind....

 

[popeye1]

Thanks PO I will do

[pt2537]

Hey Popeye1

 

ive found your thread, took me a while to get here so sorry for the delay,

 

ok if its ok with you i will post up a full response in the morning as in very tired and about to hit the sack

 

suffice to say, dont worry a case management conference will not be the final hearing, its purely to issue directions and to discuss how the case will be managed and address any points which require clarification so please try not to worry.

 

as i said i will post a full reply in the morning when im refreshed

 

Kind regards

paul

[popeye1]

Many thanks paul

[pt2537]

Alrighty then,

 

ok,

 

ive had a read through you thread briefly, and im afraid i have some questions

 

 

firstly , i note you have had an Allocation Questionairre from the court, now im assuming it was an N149.

 

when you submitted the AQ, did you ask for any directions?

 

Also, have you been supplied a copy of the credit agreement they are relying upon in the case? either by way oif a CCA request or CPR request or anyother means

 

also, have you had a default notice? or a copy of it

 

and have you had a copy of the Notice of Assignment? or a copy of the Deed of Assignment?

 

 

when i get a reply to the questions i will be in a much better position to advise you further

 

my guess is that the hearing will be to give directions as to what documents the judge considers required to be produced for hearing

 

this is why im asking these questions as we need to be prepared when you go in, to ask the judge to consider ordering disclosure

 

can i also ask who the claimant is in this case and what was the debt for.

[popeye1]

Ok

 

I did have a AQ but i failed to to keep a copy ,it was sent back to the court.

 

Turn/ruth/sols have sent a copy of their AQ [No is N150].

Amount claimed on AQ is differant from amount on court claim form,.[not a lot though].

I am not sure what ,any directions, means so i dont think i asked for any if that makes any sense.

 

I sent CPR letter the one asking for ,a true copy ,any docs you seek to rely in court and copies of assignment plus a CCA request letter, all sent to solicitors address on court claim form, recordered and tracked, electronic proof of delivery.

I have received no paperwork at all

I sent copys of letters to the courts

 

The court claim came out of the blue, unless we missed a letter they have not given us any warning this was going to happen

HFO SERVICES LIMITED collects on behalf of HFO CAPITAL LTD who are the assignee. HFO SERVICES LTD are the claimants. city card is oc

[pt2537]

ok well thats good,

 

thanks for letting me know,

 

 

what i mean by directions are for example youve asked the judge to order the claimant disclose all documents they intend to rely upon etc

 

 

 

In the ************* County Court

Claim number **********

 

 

 

 

Between

************* - Claimant

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

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
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

these are the type of direction i normally send with an allocation questionairee

 

not to worry,

 

give me a little time and i will put together some pointers for you

[pt2537]

.city card is oc

 

ah, now then citi card.

 

is it a credit card or a charge card where the balance needs to be paid in full at the end of each month ?

[popeye1]

its a credit card,How would it change if it was a charge card

[pt2537]

Hi Popeye,

 

the difference is basically a credit card is exactley that credit, however a charge card is one where a balance in full is paid off at teh end of each month therefore no credit is provided in essence within the meaning of credit under the CCA

[popeye1]

thanks,

[pt2537]

ok, im going to put together a skeleton arguement which you can hand the judge and the other side at the hearing

 

 

'i would also suggest that we hand the judge a draft order for directions too but leave that with me

[popeye1]

thats great its the sort of thing i need ,trying to understand how to put my case across is the hard part ,trying to remember all the regs and such thanks

[pt2537]

Hey Popeye,

 

dont try to remember it!!!!!

 

you will end up confusing yourself. my suggestion was that i put together a skeleton arguement outlining for the judge the issues that are relevent and that need addressing

 

that way you can read a simplified outline of the relevent facts

 

 

ive drafted this Skeleton arguement which i would take to the court with you along with the directions which i posted earlier, i would take 3 copies of each so that you can offer one copy to the judge and one to the other side,

 

i think it outlines the case and the issues which are causing the troubles for the judge, so he will see what is needed and what must be ordered

please have a good read through, if you find something which doesnt make sense then ASK cause the trouble i have is that i was looking at this case remotely, i dont have all the facts or info like you do

 

regards

paul

[popeye1]

i think it looks brillant well done thank you very much,ill keep reading through it but it seems ok to me

 

CPR 16 refers to a/b/c/d/e/f or that no information was forth coming

Do i mention about differant amounts on Court claim and their A/Q Sorry if their stupid questions,

[pt2537]

Hello,

 

its something you could add,

 

the purpose of what ive drawn up is to help you to set out the issues that are causing the troubles for the judge, and in doing so it will help the judge to issue the correct directions which are basically orders as to who must do what and by what time etc

 

that is where you should use the directions in post 80, print it out and hand a copy to the judge at the hearing

 

and ask if hes in agreement to order those directions as they will bring a quick resolution to the matter

 

regards

'paul

[popeye1]

Yep think i have got it now thanks for all that ,try not to bother you any more,Have a Happy new year to you and all cags ,best of luck in the new year

[pt2537]

No problems,

 

if youre stuck, just shout and someone will be there to help

 

Happy new year to you too

 

regards

paul

[popeye1]

Done the case man conference,not to bad ,had a circuit jidge as lots of illness about. Other side never turned up.It was held in a court room,bit surprised but managed to keep calm.Showed him pt2537 skelton ,never asked any ackward questions and end result got to send papers to court and other side with a ,statement of truth, and all sides given 21 days to comply so now allocated to small claims track.

[popeye1]

Statement of truth.

 

The claiment served upon me aClaim form Issue date ***

 

The claiment failed to abide by the pre action protocol in that no notice of legal actoin or adequate information to investigate the claim was provided by the claiment

 

No particulars of the written agreement a copyof which forms the basis of this action haas not been forth coming

No copy of the purported contract of assignment,default notice and notice of assignment.

 

A copy of the default notice served under 87[1]CCAct1974 that entitles a creditor to proceed with Any action including legal action has not been attached to the claim form.

 

The defendant served upon the Claimants solicitors by recorded delivery a letter dated the *** requesting clarification and disclosure under the civil procedure rules, this letter has not been acknowledged and no information been disclosed.

 

the Claimant was sent a letter on the *** by recorded delivery requesting a true copy of the purported Credit agreement and statement of account detailing the principal ,charges and in respect of the claim and has the Claimant has failed to supply within the time limit prescribed by law and in fact at this time not at all.

Any thoughts would be wellcome

 

Ihave to send s /of truth and all documents to claiment and courts in aset No of days. any help would be good thanks

 

I have to send all docs soon, please if anyone has time to look it over many thanks

 

Had a letter from solicitors asking me to save cost &time and come to a settlement ,sent them a letter thanking them but i still need documents, please if anyone has time check my last post to make sure ive got it right.This is my first case but others are already heading my way