Nationwide/dryden claimform - credit card debt **DISCONTINUED**

[1stlifeline]

Thank you Steven

[steven4064]

Don't forget to send them 'signed for' - you don't want them saying they never got it

[1stlifeline]

Will send it signed for. Should I get a copy of the same from the other side.?

[steven4064]

You should yes

[1stlifeline]

Now got he draft directions from the other side.

Would like to know what you guys make of this please.

 

Do you want to try to settle before the hearing -YES

 

If yes, do you want a one month stay-YES

 

Which track do you consider most suitabel _MULTI TRACK

 

Costs incurred up to now £600, + vat + disb.

 

Estimated overall costs £12,500 + VAT + disb

 

Draft directions.

 

To be a stay in the proceedings for 1 month to enable the parties to try to resolve without the further intervention of the court.

By 4pm on the day 28 days from the order the claimant shall write to the court to confirm wether it wishes (a) the case has stayed (b) a further stay is required © what directions are requested to progress.

 

Bump:)

[gh2008]

Well, my take on that is that I can't see how they think they can justify multi-track - methinks they may be trying to frighten someone .....

 

They're hoping that the multi-track and estimated costs are going to frighten you into settling.

If you don't settle this month - they'll ask for another month - as they know they haven't got a hope in hell of winning.

 

all IMHO of course.

 

As to your next move - I expect it will be a wait 'n' see what the Judge decides and then someone who knows what they're talking about will be along to advise

[1stlifeline]

What is multi track, Ive looked on the Gov.uk website but it only seems to explain fast track and small claims?

 

Thanks for the reply Guy.

[gh2008]

Multi-track is generally for claims over £15,000 and/or will last more than one day and/or are very complex.

 

Whereas this case could be over in an hour !!!!

Not all the prescribed terms = irredeemably unenforceable.

[Michael Browne]

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305_0405.pdf

[steven4064]

Did you send draft directions with your AQ?

[1stlifeline]

Yes Steven, I did. These are them (courtesy of Paul)

 

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, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• 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.

 

 

 

__________________

[steven4064]

So the court has 2 sets of draft directions - they may choose to use one or neither. It is probably best to wait and see what the court decides. Did you tick the box for negotiation on your AQ? If not, did you say you had tried to negotiate but the other side would have none of it?

[1stlifeline]

Again, I took Pauls advice on that point, which was :-

 

 

The claimant has failed to provide any supporting evidence to allow me to investigate this matter, they have failed to supply documentation when requested and therefore until such time as they offer the documents that i have asked for, i cannot even see what case i have to answer.

[steven4064]

As I said above - p[robably best now to wait and see what the court directs, if anything

[1stlifeline]

Thanks Steven

[steven4064]

One further thing reasurancewise - if the court does order directions you will be given 7 days to ask for a set aside, variation or stay

[tiglet]

I'd just like to say thanks to everyone who has put in so much time/effort to help OP with this claim - I was completely over my head (and not afraid to admit so) and sent so many PM's to get the help she needed that I was afraid I'd get booted off the site!

 

Thank you all for not getting hacked off with me and well done Pam for getting so far.

 

You're all stars!

[citizenB]

subscribing.

[1stlifeline]

Now have an update on this and a couple of questions please.

 

A couple of weeks ago a letter arrived from the other side saying 'Thank you for sending a copy of your questionnaire'

My question on that is -- Should we not have recieved a copy of thier questionnaire?

 

Further to that the case has now been stayed and according to the letter from the court one of three things must now happen

1. The claimant must notify the court that the claim has been settled, or

2. The claimant or defendant must write to the court requesting an extension if things are in the process of being settled, or

3. The parties must file an allocation questionnaire at court.

 

My question on that relates to point 3, we have already done the questionnaire?

 

This week we have recieved a letter from the other side asking us to 'Please let us have any proposals you may wish to put forward to try to resolve the matter'

 

Now the whole case relies on the fact that they have not providede us with the correct CCA so do I write and ask again that they provide it in order for us to move towards settlement?.

I feel a bit trapped by this letter because if we dont respond to this request it may look to the court as if we are being obstructive but at the same time I dont at this stage want to write to them and say the wrong thinng. Can anyone advise the best course of action please.

Many thanks

[gh2008]

It would seem to me that they didn't file an AQ (as when they file an AQ they have to pay the fee as well)

 

It has been stayed because they haven't filed one and to restart the claim they would have to apply to the Court.

 

Best thing to do is to ring the Court and check whether or not they have filed an AQ and if not then don't worry.

 

IMO You could write telling them that as they haven't got an enforceable agreement then you would be happy to settle for a full write off and that you will not, at this stage, pursue them for costs. Head the letter "Without prejudice save as to costs"

[1stlifeline]

Thank you very much for the reply, will ring the court this afternoon and check.

 

Just rang the court and they say they the other side have sent in an allocation questionnaire but that we are not supposed to get a copy. However they said that if we put a request in in writing the judge may agree to send us one???????

[pt2537]

the court is quite right, you do not have any right to see the AQ that they sent the court,

 

i advise sending a copy of your AQ to the other side as good practice but i wouldnt worry about it, you have submitted your AQ thats all that matters

 

have you written to the court to explain that they have not entered into any negotiations regarding settlement?

[1stlifeline]

have you written to the court to explain that they have not entered into any negotiations regarding settlement?

__________________

Thanks for the reply Paul.

They have sent us a letter asking for our proposals in order to settle the matter. However I dont know what to do about this as the basis of our defence rests on the fact that they havnt porvided a compliant CCA so surely if we were to make some sort of offer to settle it would be like saying we admit to the debt?

 

BUMP for opinions on last post please, thank you

[Docman]

Hi

IMHO it looks like the solicitors are trying it on.

If you propose a settlement, it damages your credibility with the court. At the moment you have an absolute defence in that they haven't supplied the required documents. On the other hand, if you don't enter into some proposals, they claim to the court that YOU are not willing to settle.

I think the best response is set out by gt in post #210 above. Let them know that as they haven't got an enforceable claim, you will allow them to withdraw without you pursuing them for your costs.

[1stlifeline]

Thank you Docman (sorry been so long replying but have been in hosp for last 3 days)

I will write to them, its just difficult to put it into words without incriminating yourself.