Well thats a relief!! I will get on with that,I will appreciate guidance with witness statent Andy,Cheers.

Dont worry straight forward. Excellent Order Shirei the DJ as followed our Directions to the letter and they cant hide behind a reconstituted. I have re-read paperwork from Court and its Judges Direction NOT Order Andy, I have looked at the N265,it looks a bit daunting.

I have checked with court today and the hearing fee has been paid so I guess I should make a start on getting together some documents to deliver. I am not sure if they are only the ones mentioned in AQ. Also I have never prepared a witness statement before and could do with some direction please.

I didnt get a copy of AQ from Sols,but I have now had Notice of Allocation to the Small Claims Track (Hearing). The hearing has been scheduled for middle of April. The following orders issued: i'. Each party must deliver to every other party and to the Court Office copies of all documents(e.g. letters,estimates,invoices,emails,photographs etc.) on which that party intends to rely at the hearing no later than 4pm on ** March 2011. This must include any documents already sent to the Coury e.g. when filing AQ. ii. The originals documents must be brought to the hearing. iii. Everyone (including the parties themselves) who is to give evidence must make a written statement and send it to every other party and to the Court office by no later than 4pm on 88 March 2011. It then goes on to explain how to set out a witness statement . Never had one like this before, HELP

Well I suppose it comes as no suprise that they have as yet, not forwarded a copy of theirs.

Would this suffice for directions? I need to get the AQ in the post tomorrow,taking the weekend into consideration. Draft Order for Directions 1 The Claimant shall not later than 4:00pm on ( ) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of the following document mentioned in the Particulars of Claim (a) the executed regulated consumer credit agreement made between the defendant and HFC Bank plc.under reference xxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing. 2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed. 3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track.

Thanks Andy . Do I just ask for agreement in draft orders now?

How does this sound for section G The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particulrised Defence by failing to provide information first requested under CPR31.14 on 14th August 2010.( copy attached) I believe the reply (attached) to be entirely misleading as to suggest that matters were "on hold". Further to the Judges orders of 19th October 2010,the Claimant has still failed to furnish the original signed agreement only a reconstitued agreement,but as the CCA clearly states this will or should not uphold for the purpose of enforcement. I therefore further request that the original be disclosed before this claim can proceed. It is therefore averred that reconstituted documents whilst they may be acceptable in response to sec 77/78 requests they cannot be considered " proof purpose" of an executed agreement and the Claimant must provide the original signed (or copy ) to enable enforcement. It is respectfully submitted that the court should adopt the same reasoning as Judge Waksman in his High Court ruling in determining this issue, that is that documents supplied as proof of an executed agreement must be copies of the original documents in their original form as signed by the debtor, irrespective of whether or not it finds that the creditor has supplied reconstituted or copy documents it may claim were supplied at the time of signing.Failure of the Claimant to provide the original signed executed agreement should prevent further enforcement and I respectively request this claim be struck out for non compliance of the DJ xxx Ordered dated xxxxxxx.

I think I am out of my depth here. Sorry Andy.

Hi Andy, Thanks for the advise.A few questions if I may. "Ok its going to be basically the same except for a few tweaks. First tweak would be to offer the opportunity of a settlement." Where would I put this, in the directions? Also would I have to state an amount, and what would be a good starting amount? Do I still use "other info " included on first aq? "Worded correctly he will have no option but to issue a further direction with yours that they be allowed further time to produce it." Could you help me word it correctly? Regards Shirei

A=no B=no c=yes D=0 E=no F=no Other info= The Claimants are deliberately frustrating these proceedings and preventing me from submitting a particulrised Defence by failing to provide information first requested under CPR31.14 on 14th August 2010.( copy attached) I believe the reply (attached) to be entirely misleading as to suggest that matters were "on hold". To date the documents requested have not been furnished.I therefore request the Courts permission to submit the following Draft Direction compelling the Claimant's compliance.to enable me to file a particularised Defence. Please find the following attached to this Allocation Questionaire: 1)Section G, Copy of CPR31.14 Letter and Claimants Response letter. 2)Section G, Further letter promising furnishment of Documents within 7 days. 3)Section G, Other Information. Draft Order for Directions 1 The Claimant shall not later than 4:00pm on ( ) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim (a) the executed regulated consumer credit agreement made between the defendant and HFC Bank plc.under reference xxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing. (b) the default notice together with proof of service the original document must be brought to the hearing © a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case. (d) any other documents on which the claimant will rely (e) documentation to verify figures in Particulars of Claim. 2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed. 3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the^ast track and 4 The Defendant shall file and serve an Amended Defence by 4:00pm on ( ) being a date 6 weeks from the date of the making of the case management directions) Section G Section G/Other Information. If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(l)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and 63, section 127(4) precludes the court from making an enforcement order. It is respectfully requested this case be allocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. Therefore it stands to reason that this document must be disclosed before this case can progress any further. Andy I didnt get a copy of their AQ,I did ask for one from the courts but they told me they dont supply. Hope this is what you needed. Regards Shirei

Hi Andy,I am bumping thread as asked.Will you be available Tuesday to go over AQ? I hope you had a Happy Xmas,and wish you a prosperous New Year.

Yes I can download one, but how must it differ from the one I have already filed??? Not sure how to proceed. Can I take this opportunity to wish you and your loved ones a Very Merry Xmas and a Happy New Year Andy from our house to Yours

Thanks Andy,will the court send out another AQ to fill in??

I wonder if you could explain this reply from courts in responce to amended defence Andy,confused about "further allocation questionnaires":???: "With reference to the above case number please be advised that your file was referred to the Judge for further directions after we received the amended defence from the defendant. The District Judge has asked that both parties file further allocation questionaires to be returned to the Court by 11th January 2011."

Many thanks Andy,this was put through the letterbox at the court last night. I will phone later in the day to confirm receipt. Need to e mail a copy to sols if I can find an e mail address. Your help is always appreciated.

Sorry Andy I thought you were doing it on Monday,I apologise for the misunderstanding on my part. I appreciate your time and assure you it will be submitted Monday.

No Andy I was just wondering in case I cant get it in on Monday thats all.

What would be the likely outcome of submitting one day late??

I put my trust in you Andy and you have come to my rescue again.I an truly thankful. I will try and get it hand delivered on Monday,I have until 4pm I think.Im not up to driving there but OH will have to leave work earlier. I will use email for Sols. I forgot to post up Draft Directions,they are below: Draft Order for Directions 1 The Claimant shall not later than 4:00pm on ( ) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim (a) the executed regulated consumer credit agreement made between the defendant and *******.under reference ********** together with any terms and conditions that applied to it, the original document must be brought to the hearing. (b) the default notice together with proof of service the original document must be brought to the hearing © a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case. (d) any other documents on which the claimant will rely (e) documentation to verify figures in Particulars of Claim. 2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed. 3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and 4 The Defendant shall file and serve an Amended Defence by 4:00pm on ( ) being a date 6 weeks from the date of the making of the case management directions) Regards Shirei

Judges wording: General Form of Judgment or Order Date 19 October 2010 Before District Judge ****** sitting at ******* County Court, , IT IS ORDERED THAT 1. The Claimant to file and serve fully particularised particulars of claim by 4.00 p.m on 15th November 2010 to include a copy of the agreement in accordance with PD 16 C.P.R. 2. The Defendants time for filing and serving any amended defence is extended to 4.00 p.m on 13th December 2010. 3. Matter be referred to Judge after 13th December 2010. 4-. This order having been made by the Court pursuant either to Rule 3.3 or Rule 23.8 of the Civil procedure Rules 1998, any party affected by this order has a right to apply to set it aside, vary or stay it by application made not more than [7][ ] days after this order was served on the party making the application.

OK, POC: Defendant AMENDED PARTICULARS OF CLAIM BY ORDER OF DISTRICT JUDGE ****** DATED 19 OCTOBER 2010 1 These Amended Particulars of Claim are made in compliance with the Order of District Judge*****dated 19 October 2010. Attached to these Amended Particulars of Claim is a bundle of documents marked "Exhibit ***". References to page numbers within these Amended Particulars of Claim are to documents in that exhibit. 2 The Particulars of Claim and the Claim Form in this matter were abbreviated to accommodate the character limit imposed by the Northampton Bulk Centre. The Claimant denies that the Particulars of Claim were insufficiently stated in these circumstances, and the Defendant has clearly been able to prepare a detailed Defence. However, without prejudice to that contention, further details of the Claimant's claim are set out below. 3 The Claimant is a private limited company registered under company number ***** and trades as a financial institution. The Claimant provides various financial services to consumers, which includes a credit service operating under the name of the ************************************* is a trading name of ********************* 4 By a credit agreement entered into on ************ 2005("the Agreement"), the Claimant and the Defendant entered into a contract for the provision of credit page2 services. The Defendant was given a ************ Credit Card to purchase goods and/or services under account number ***************. A copy of the Agreement reconstituted from electronic records held by the Claimant, together with the Terms and Conditions is shown at pages 1 -4 of "Exhibit ***". 5 Pursuant to Clause 6 of the Terms and Conditions of the Agreement, the Claimant agreed to send monthly statements to the Defendant showing all debits and credits made to his *********** credit card account in the period since the previous statement. 6 Pursuant to Clause 5(1) of the Terms and Conditions of the Agreement, the Defendant agreed to pay to the Claimant, the Minimum Monthly Repayment by each Monthly Repayment date. In accordance with The Schedule to the Agreement, the agreed Monthly Repayment date is within 25 days of the Statement date in each successive month. In accordance with The Schedule to the Agreement, the agreed Minimum Monthly Repayment is 3% (or such other percentage or fraction as notified to the Defendant in accordance with condition 1 2) of the Debit Balance as at the Statement Date subjection to a minimum of £10 (or the full amount of the Debit Balance if less than £10). 7 Copies of the Defendant's credit card statements are shown at pages **** of "Exhibit ****" to these Amended Particulars of Claim. The minimum payment required was clearly stated in the monthly statements sent to the Defendant and, upon receipt of each and every monthly statement, the Defendant was put on notice as to the minimum payment he was obliged to pay under the Agreement. 8 ************ 2005, the Defendant has used his ******* credit card to purchase goods and/or services. In accordance with Clause 6 of the Agreement aforementioned, the Claimant sent monthly statements to the Defendant detailing the transactions that the Defendant had made in the period since the last monthly statement and the minimum payments to be made by him as well as the total balance outstanding on his credit card account. 9 For several months prior to ********* 2010, the Defendant breached the terms of the Agreement by failing to make the minimum monthly payment specified within the monthly statements that were sent to him. 10 Accordingly, on ************ 201 0, the Claimant sent to the Defendant a Default Notice pursuant to Section 87 (1) of the Consumer Credit Act 1974. A copy Default Notice reconstituted from electronic records held by the Claimant is shown at pages ***** o "Exhibit ****". The Default Notice informed the Defendant that he had breached the terms of the Agreement by failing to pay minimum monthly payments totalling £*** 00. 11 The Default Notice also notified the Defendant that unless he paid £**** by 1 March 2010 then the Claimant would take the following further action against him: (a) Terminate the Agreement on the date shown. (b) Require the immediate repayment on the date shown of the entire outstanding debit balance of £******; and © If the whole of any part of such sum was not received, issue proceedings on or after the date shown for recovery of the entire outstanding debit balance on the account, together with accrued interest and costs.on the account, together with accrued interest and costs. 12 The Defendant did not make the payment of £***.00 by ****** 201 0. Accordingly, the full balance of £***** became due and payable on that date and the Agreement was terminated. The Defendant failed to pay the outstanding balance of the credit card account on this date and the balance remains due and owing together with further interest and charges. 13 As a consequence of the Defendant's breach of contract and failure to remedy the Default Notice, in or around ***** 201 0 *********** ************ were instructed to recover a debt of £*******. The debt claimed of £***** was the statement balance due at the date of ********* instruction as can be seen from the statement dated ******* 2010 shown at page **of "Exhibit ***". It can be seen that the discrepancy of £***** between the Default Notice sum and instructed balance relates to further interest and charges applied to the account for the months of Feb,March and April 2010. 14. From the date of the default Notice to issue of proceedings, the Defendant has made no payments to his account. The principal sum claimed is therefore £***** plus court fee and costs.

Defence: DEFENCE 1. I, *************** of **********************************make this statement as my defence to the claim brought by **** Bank Ltd.. 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. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 4. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system). 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. b) 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. c) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. d) 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. 4. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for the agreement,the default notice and documents to verify figures claimed in Particulars of Claim, via CPR 31.14 dated 14/08/2010 sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim. 5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon. Statement of Truth I believe that the facts stated in this defence are true. Signed XXXXXXXX Defendant The amended defence is 3 pages long,would you like it posted? Cant see what harm it can do now. What do you mean by :A little more detail in the order of your amended defence.

Embarassed defence submitted on 30th August. Sols reply in post 98,still waiting for docs requested in CPR 31.14 14th Sept.2010 AQ received. AQ filed on 28th Sept with draft orders requesting docs Claimants AQ late...."Unless Claimant files an allocation questionnaire by 12:00 on 21 October 2010 their statement of case shall be automatically struck out." Also time extended for any amended defence. Orders received from court claimant to file and serve... IT IS ORDERED THAT The Claimant to file and serve fully particularised particulars of claim by 4.00pm on 15th November 2010 to include a copy of the agreement in accordance with PD 16 C.P.R. Also time extended for any amended defence. New poc received (3 pages) and agreement similar to what I have already been supplied with.The only difference being the % rates have been added and are different to what is on my precontractual paperwork.0.00% Introductory rate which differs from statements.

CCA request sent 26th October 2009....reply 12th November 2009 with blank copy of application form (their words) Account in dispute letter sent 30th November 2009 Claim issued 30th July 2010 CPR 31.14 dated 14th August 2010....Reply 20th August 2010 (request forwarded to HFC & account put on hold.) Looking at rest of paperwork now.