A & L Trying Court second time

[slick132]

Hi Lynn,

 

Thanks for the nudge and we'll be back to you later today or this evening.

[slick132]

Hi Lynn,

 

Sorry not been back before - I'll see you get a response by Thursday latest so you can put your AQ in on time.

 

I want to get feedback from the team so we give you the best advice - even if it's close to the deadline.

[bach]

Help please time running out

Lynn

[slick132]

Hi Bach,

 

Filling in the AQ should be straightforward. Nothing has been suggested out of the ordinary so it should be completed and sent to court in the normal way.

 

If you have any queries about it, come straight back.

[slick132]

Hi Bach,

 

Have also sent you a PM

[bach]

Hi all, Just to keep all up to date. Thursday19th I completed the AQ and sent it off next day signed for delivery. Just have to wait for a Court date now.

 

Thanks again to all particularly Slick132.

Have a great weekend,

Lynn

[bach]

Hi all, Just to update you, Birmigham County Court have forwarded me today (25th June) a copy of a letter which they have received from Shoosmiths A & L Solicitors.

 

 

Dear Sirs

 

We write further to the above matter and the Allocation Questionair that is due to be filed with the Court.

 

We would invite the Court to note that the Defendant in her defence has defended the cliam on the basis that in her letter dated 4th April 2007, following a request under section 77/78 of the Consumer Credit Act for a copy of the agreement, the Claimaint stated "the original is unobtainable so the matter has been passed to me and although the original is not available from our own records, I produce a facsimile of the agreement. I confirm that this is a true copy and if you require more information please contact me"

 

Currently the Claimant is not in a position to respond to the defence as the Defendant has not particularised the issue at all. The Court will note that in accordance with section 77 of the Consumer Credit Act 1974 the Claimaint is only required to provide the Defendant with a "true copy" of the agreement in accordance with regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, the claimaint has compiled with their obligations. The Defendant then refers to the quote from the OFT relating to unfair practices under Section25.2(d) of teh Consumer Credit Act Section 25(d) related to derterming wether an applicant for a standard licence is a fit person to engage in any activities. Clearly this is irrelevent in the circumstances as the Claimant has a licence and the claim is not relating top the application for one.

 

We would therefore invite the Court to make an Order that the Defence be struck out and unless the Defendant files and serves a fully particularised Defence within 28days then the judgement be entered for the full amount.

 

In light of our above request and in the interest of cost and proportionality the Claimaint does not intent to file an Allocation Questionair at this stage. We confirm no discourtesty is intended to the Court.

 

We confirm a copy of this letter has been served on the Defendant direct and look forward to hearing from you.(I have not received their copy of this letter as yet)

 

Yours etc.

 

As I sent my A Q to reach the Court on 20th June which was the last date for filling, do you think that this has crossed in the post.?

I had sent quite a good defence in on Friday 20th, however I do think it will have to be amended at some point.

 

What do I do next, all help greatly appreciated

Thanks

Lynn

[slick132]

Hi Lynn,

 

I'll draw this to the attention of the Team and see what needs to be done next.

[pt2537]

Hi,

 

well, it may be worth slapping in a N244 making an application to strike their claim out under CPR 3.4 (2) (A,B & C) they dont have the agreement, they cannot show that it was signed and they have very little chance of winning,

 

Shoosmiths do like to take the micky, i had a run with them on another thread which is here http://www.consumeractiongroup.co.uk/forum/legal-issues/121049-how-defend-claim-loan-6.html#post1583060

 

we won in the end, but this was exactley the same scenario

[bach]

Hi PT2537, Just managed to read all of the above

How to defend a claim (Loan RBOS)**WON** Notice of Discontinuance

Brillianty clever defence, you put so much work into it, well done.

Thanks for yr help to with my problem to.

Lynn

[slick132]

Hi Bach,

 

When we get the doc'ts you're sending, we'll have a chat and come back to you about your next move.

[bach]

Hi to all, just an update I received a General Form of Judgement or Order this morning from Birmingham County Court and reads,

 

Before Deputy District Judge ----- sitting at Birmingham County Court,

 

Upon the Claimant having failed to file an allocation questionaire

 

IT IS ORDERED THAT.

 

Unless the Claimant files an allocation questionair and pays the allocation fee by 14th July 2008 the claim (and any defence to any counterclaim) shall be struct out without further order of the Court.

 

Dated 30th June 2008

 

Guess I will now have to and sit and wait a while longer.

 

Lynn

[slick132]

Hi Bach,

 

I'm sure A&L will comply but here's wishin for ya !!

 

[bach]

Hi to all,

 

Just an update on Friday 15th recieved Court papers, saying I have till 18th August to file particulars of defence. Rang the Court at 10 35. on the Friday and asked for an extension of the time as I had only been given 3 days to prepare for the defence.

 

They have agreed to an extension till 29th August 08.

 

I have confirmed this by letter with the Court, and the Solicitors Shoosmiths, by sending a letter signed for next day delevery.

 

With help from the site we are now hoping to get together particulars of Claim to send to Court before this date.

 

Your help is really appreciated.

Lynn

[slick132]

Hi Bach,

 

Just to confirm we've had sight of the relevant court doc'ts and are working on how best to defend your case.

 

[bach]

Thanks Slick

[j.barton1]

just noticed this thread, good luck hun, A&L deserve all the crap u can give them lol xx

[slick132]

Bach has been off-line due to BT failing to Xfer her phone and BBand service on time. She'll be dropping in to read this to get her defence sorted and into court by the deadline of 29th August.

 

Paul (Pt) has given the following advice (much appreciated as he's v busy now) :-

 

I've uploaded a draft order and also the N244 and below is the text that needs to go on an attached sheet along with a copy of the previous judgment/order

 

Quote:

The Defendant asks that the Claimants claim be struck out as set out above, the Claimant has already brought proceedings against the Defendant under claim number XXXXXXX in the XXXXXX County Court on XXXX (DATE) on the same material facts, a copy of the original order is attached with this application. In that case the claim was struck out as an abuse of the process as the claimant could not supply a signed copy of the credit agreement upon which their claim was based. This fact remains in this action, despite requests for the agreement bearing the Defendants signature as required by the Consumer Credit Act 1974 , the claimant is unable to provide it. The Defendant asks that the court strike out this claim as an abuse of the process and has no reasonable prospect of success

 

If the court is not in agreement, the Defendant asks that the Court make an “Unless” order, that unless the Claimant file with the court and serve upon the Defendant a copy of the Credit Agreement bearing the Defendants signature and containing the required prescribed terms as set out in Section 60 & 61 Consumer Credit Act 1974 and SI 1983/1553 (the Consumer Credit Agreements Regulations) within 14 days of this order , if the Claimant fails to comply the Claimants claim will be struck out without further order

 

Upon compliance by the Claimant, the Defendant shall file an amended defence within 14 days

 

Attached Files

AL Draft order.doc (23.5 KB, 0 views)

AL N244.doc (87.0 KB, 0 views)

[pt2537]

The orders will need amending where there are blanks obviously and where there are XXXXXX's

 

I hope this helps

[slick132]

Hi Bach,

 

Open the "AL N244.doc", fill in all the necessary personal data and print off 3 copies.

 

Open and print off 3 copies of the "AL Draft Order.doc".

 

Print 3 copies of the section under "Quote" below. This will go into court with a copy of the previous Judgement.

 

N244 and Draft Order go to court as well.

 

I'm seeking clarification on whether you should still file your full amended defence now, or when/if A&L supply the original Credit Agreement.

 

However, if you're happy with it, get the Defence into court now.

[JonCris]

poss defence

 

 

Under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul)

[pt2537]

Just to say, you need to add your details to the draft order too,

 

also where it says "The Claimant do pay the Defendant’s costs in the sum of £[ ] within 14 days or at an amount to be decided by the court. you need to decide which coloured part you will use as i wouldnt use both, if you go with the part in red then you need to file a schedule of costs and enter the costs figure claimed on the order as well

[slick132]

Hi Bach,

 

With all that you have to do just now, go for "....at an amount to be be decided by the court."

 

[bach]

Hi all, a huge huge thank you to everyone who has found the time to help me put together my defence, I really do appreciate your efforts.

I know that your time is very precious and thank you for taking the time to help me out.

 

Have taken all yr advice and now of to the courts to put the Defence in and then on to the hospital.

 

Will speak very soon, and again thank you so very much

Lynn

[slick132]

Hi Bach,

......and then on to the hospital.

To save peeps worrying about you, can I just confirm that you're off to visit a relative.

 

Great to see you have the Defence and the N244 Application sorted in time. Thanks to Pt for invaluable help with sorting the N244 !!

 

I hope you get your BBand sorted soon so you can tell us how this goes.