HELP; non comply of request of information under Civil procedures Rule **WON CASE STRUCK OUT

[unhappyfeet!]

hi

I requested this information on the 8th April still recieved nothing?

 

I have to return my allocation questionaire on 12th May

 

In over my head don't know what to do next

 

Any advice welcome:confused:

Edited May 30, 2008 by unhappyfeet!
won

[42man]

Reproduced courtesy of PT2537

 

This is a standard defence when the CPR is not adhered to...please read it through...

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

 

Between

 

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

 

 

Defence

 

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

4. Notwithstanding point 3,the claimants' particulars of claims do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

c) No copies of statements relating to any accounts have been included with the claim form and no particulars have been offered supporting the claimants claims of my indebtedness to them

 

 

 

6. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Bank Statements and/or Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments made by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Deed of assignment and Notice of assignment

 

 

7. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer

 

 

8. Since the claimant has failed to comply with the request for disclosure as outlined in point 6, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim and there is no case to answer

 

 

9. I further ask the court consider striking out the claimants case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

 

10. Alternatively, if the court is not in agreement with points 8 and 9,I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 8 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxx, The Defendant, believe the above statement to be true and factual

 

 

Signed ..................... date...................

[42man]

You'll need to check it (make the number orders correct)....i'll see if I can get PT to take a look...

[pt2537]

hi

I requested this information on the 8th April still recieved nothing?

 

I have to return my allocation questionaire on 12th May

 

In over my head don't know what to do next

 

Any advice welcome:confused:

Hi there

 

Can you possibly supply a little more information on this please , like who is taking you to court, what is the debt for ( credit card or loan etc) what were the particulars of claim

 

i note you refer to the AQ so i assume that you will have submitted a defence? as AQs normally get issued after a defence has been filed

 

it is not unusual for a company to ignore the CPR request, but it does them no favours when it comes to the hearing as judges do take a dim view of that

 

if you can give us a bit more background on this case i may be able to help with the AQ

 

also what AQ is it you have N150 or N 149

[unhappyfeet!]

hi thanks for your reply

how do I know which form it is it doesn't mention any ref?

 

Not sure where to start

Its yorkshire Visa and Jeremy Sutclliffe Solicitors in the driving seat!

From the beginning Yorkshire haven't offered any help with reducing my monthly payments to an amount I could afford. In fact I've only ever had 1 reply to around 20 or so letters a couple recorded delivery. They just weren't interested!

I owe over £7,000

Curlyben took alook at my CCA and in his opinion he thought it was unenforceable,CCA recieved;application form with no terms or conditions? (1 2)

I filed my defence with reference to Womble V Northern Rock and his help from several members along with Curlyben and yourself

[unhappyfeet!]

I as hoping pigs might fly and they would pull out:(

[unhappyfeet!]

By the way they sent all my last 6 years statements but nothing else. On the CCA its not my bank account number as far as I can remember it never changed so I was really hoping for any information on any manual intervention?

[unhappyfeet!]

sorry to bump

Can anyone advise on any of the above?

also

If I now have an allocation questionaire does that mean I am def going to court?

[sosumi]

Adding a bump for you

[42man]

It might be worth sending a private message to PT....but give a link in your message to him, i'm not up on Allocation aspects i'm afraid....but my initial thought is that if CB has given a unenforceable then hopefully you will be ok.....

[unhappyfeet!]

hi

thanks again for your reply 42man:D much appreciated, took your advice but I guess pt... is soooooooooo busy

so i'll follow the guide lines on here and hope for the best:rolleyes:

It all seems to make sense in theory but I gotta say I'm a little petrified:o or maybe completely at the thought of a day in court

but at least I'll be giving it my best shot thanks to all the hundreds of posts I've read from all you guys

[pt2537]

Hi there

 

Sorry for the delay in looking in, i have been very busy and am still quite ill so its kinda hard to fit everything in

 

ok, what AQ was it that you have a N149 or 150?

 

here is a link that may offer you some help http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

just because they have supplied it in reply to your CCA request doesnt mean that you can ask for it within directions and the other side is under an obligation to supply a copy of the contract on which a claim is based with the N1 claim form.

 

i hope that link gives you some help

 

if you have any questions then ask away and i will try and answer them

[unhappyfeet!]

hi

thanks for getting back to me:D

 

I'm so confused I don't know if I have a n149 or n150? it doesn't say on the forms??

and what are the directions??? do i need to include this with my AQ?

sorry my heads in the sand I can't get my head round this AQ at all:confused:

[Rahl]

Which of these does it look like :

 

N150 : http://www.hmcourts-service.gov.uk/courtfinder/forms/n150.pdf

 

Or

 

N149 : http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf

[pt2537]

Hi

 

Directions are simply that, what the judge can and often does , order both sides to do, so that the case is managed correctly in the lead up to the trial.

 

have you identified the AQ from the links that Rahl posted?

 

Please dont bury your head in the sand as it will be you that loses out at the end of the day. we are all here to help you through this, so dont worry

[unhappyfeet!]

Hi thanks

its a n150 and I'm just about to fill it in now, I think I sort of got the jist of it now

 

just last minute panic:o

[pt2537]

Right, well i will be about for the afternoon on and off so any questions ask away

[unhappyfeet!]

ok, thanks thats good to know and for letting me pick your brain

[unhappyfeet!]

on the directions do I put 'in the Northampton' or my local court that I return it to? I'm thinking Northampton??

[unhappyfeet!]

quick querie pleeeez

not sure if i can put the second to last para on : Section G / H ** other information: 'respectfully request this case be allocated to the small claims track'

 

is that not in my case the debt been £7,200???

[pt2537]

Hi Sorry for the delay, family emergency buggered up my afternoon

 

right , i would simply omit that part as you quite rightly say its above the small claims limit

[Rahl]

on the directions do I put 'in the Northampton' or my local court that I return it to? I'm thinking Northampton??

 

I dont think Directions is asking you what court to return it too , best not fill that part in till Paul says what to do.

 

A thread here you can read up a little on it in the meantime :

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/53570-new-strategy-allocation-questionnaires.html

[pt2537]

on the directions do I put 'in the Northampton' or my local court that I return it to? I'm thinking Northampton??

I assume you mean on the header of the draft order where its says

 

in the XXXX county Court

 

Claim number XXXXXXX blah blah

 

 

if that is what you are meaning then i would suggest the court where the case is being managed now would be the name of the court that you would put which should be the court to which you have to return the AQ too

[unhappyfeet!]

Thanks all you guys for your help

I got it to the court with about 10 mins to spare, feels like a weights been lifted off my head!

Sooooooooooo glad thats bits over with!

So now I just sit back and wait for my new lovely friends to write back to me lol, lucky for me I have several other friends writing to me on a daily basis:rolleyes:

once again.....thank you, thank you, thank you

[unhappyfeet!]

hi everyone

 

update of my situation;

 

as said earlier submitted my AQ and directions on the dead line 12thMay.

 

had letter from my local court saying that if the defendant doesn't submit their AQ within 7 days (thats the 29th May) the case will be struck out:D

 

fingers crossed and everything else poss that this is the case

 

doesn't seem fair that they're allowed an extra 17 days! to return theirs:evil::evil:

 

will update as soon as I know if they've returned AQ

 

shal I ring the court at close of business on 29th?

would they tell me over the phone?