Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[AndyOrch]

Hi Toxic responding to CBs S.O.S.

 

Can you either convert your upload of the summons to PDF (the above is too small to read) or type it out verbatim less any identifiable data.

 

Regards

 

Andy

[AndyOrch]

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with MBNA Europe Bank Limited.

 

2. Paragraph 1 is denied with regards to the Claimant being assigned the debt, neither the Claimant or MBNA have ever provided a Notice of Assignment pursuant to Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

3. Paragraph 2 is admitted with regards to a Default Notice being served by MBNA I will contend that the time allowed to rectify any breach was insufficient and that the Default Notice requested the full balance not the arrears which renders said DN invalid and not pursuant to the CCA1974.

 

4. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

One Defence Toxic check it over for accuracy and edit if necessary to suit.

 

Regards

 

Andy

[AndyOrch]

Do I also get informed by the court if they fail to respond?....No

 

Regards

 

Andy

[AndyOrch]

Usual tactic from AG Toxic...have they informed you of the new Sol acting in the matter?

 

Regards

 

Andy

[AndyOrch]

Well I can assure you if they are dispatching Shoos for their own in house..you have had a close shave:wink:

[AndyOrch]

Perhaps Shoos didnt fancy fighting the defence:lol:

[AndyOrch]

Bide your time and don't prod the bear too soon...the longer you can leave it the longer the file gathers dust and then becomes forgotten.

 

Regards

 

Andy

[AndyOrch]

Today I received a N149 Allocation Questionnaire (Small Claims Track) form to fill in & return to the court by 10th December. Its a bit soggy from the rain but its just about intact.

 

Most of it is straight forward but I'm a little stuck on a few questions...

 

[*] 1) Small Claims Track. What does that mean & do I tick the box saying I agree with this track? They are claiming over £10K if that helps with the answer. If its over 10k it should be Fast Track N150 ?

[*] 2) Location of Hearing. I need to give a reason why I want it moved from Northampton. Can I just put that Northampton is too far away from me? It will be transferred to your local CC on submission automatically

[*] 3) Other information. I dont have a clue what (if anything) I need to write in this section.

[*] 4) It asks "If" I am attaching a fee. I can tick Yes or No. The only fee mentioned in the Courts covering letter is for the Claimant of £220. Am I right in thinking that this money is paid by the Claimant? No fee for the Defendant

 

 

 

*gulp*

 

Regards

 

Andy

[AndyOrch]

Don't submit it Toxic until we have clarified the " Other " section. Check with the court why you have received N149 as opposed to N150?

 

Andy

[AndyOrch]

No need to upload I'm sure the N149 will have been sent out by error...here is an example of the N150...edit to suit:-

 

 

1. Have you sent a copy of this completed form to the other party Yes

 

A. SETTLEMENT

 

For All

 

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?

 

Yes

 

 

 

B. LOCATION OF TRIAL

 

Is there any reason why your claim needs to be heard at a particular court? NO

 

C. PRE-ACTION PROTOCOLS

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so? No

 

If No, explain why?

 

This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.

 

 

 

D. CASE MANAGEMENT INFORMATION

 

What amount of the claim is in dispute? £XXXXXXXX

 

Applications

Have you made any application(s) in this claim? NO

 

Witnesses

 

Yourself All the facts in the case

 

 

 

Experts No

 

Track Fast Track

 

If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:

 

Its is respectfully requested this case be allocated to the Fast 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.

 

 

 

E TRIAL OR FINAL HEARING

 

How long do you estimate the trial or final hearing will take? 4 Hours

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing?

 

Give dates if applicable

 

F PROPOSED DIRECTIONS

 

Have you attached a list of the directions you think appropriate for the management of the claim? Yes

 

If Yes, have they been agreed with the other party? NO

 

G COSTS

 

Leave blank

 

H Fee

 

I OTHER INFORMATION

 

Have you attached documents to this questionnaire? YES

 

Have you sent these documents to the other partyYES

 

If Yes, when did they receive them?

 

Do you intend to make any applications in the immediate future? YES

 

If Yes, what for?

 

An order seeking the Claimants compliance with information previously requested.

 

In the space below, set out any other information you consider will help the judge to manage the claim.

 

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

 

Its is respectfully requested this case be allocated to the Fast 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.

 

___________________

 

#####DRAFT ORDER FOR DIRECTIONS######

 

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:

 

o 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.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o 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

 

o 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.

[AndyOrch]

The thresholds are marked for change (April 2013) so the SCT will be come £10k. I can only assume its an error but if they insist that you file the N149 ...go with it you far more protected against costs but less say in how the claim is progressed.

 

It is considered Civil to exchange AQ,s but wait until the Court confirm which one they want submitting.

 

Andy

[AndyOrch]

Ive had an email back from the court informing me the N149 was sent in error and they have attached the N150 form.

 

When filling the form in do I include the line "#####DRAFT ORDER FOR DIRECTIONS######" including the hashes on my Draft order or was that just for my info? And which court should I state - My local Court or Northampton? Entirely up to you Toxic if you don't like the look don't use...the important part is whether you understand the directions......in your local county court

Thanks.

 

Andy

[AndyOrch]

Ok If Northampton was wrote on the N149 then yes same for N150....It use to be returned to your local county court but this has changed since the intro of Salford.

Its considered civil to exchange AQs and Draft Directions..attach a cover note requesting same by return.

 

Andy

[AndyOrch]

" They didnt tick any Track." Says it all really TD no directions no Idea no clue.Await Notice of Allocation now this will give you the timetable of directions and what you must complete and by when.

 

Regards

 

Andy

[AndyOrch]

Today I received some correspondence from a Deputy District Judge at my local court entitled "Notice of allocation to the fast track" "Arrow Global Vs Toxic Debt" dated 28th December 2012.

 

It goes on to state that...

"It Is Ordered That"...

1. The Claim is allocated to the fast track

 

2. Disclosure of documents shall be dealt with as follows:

 

• Both parties shall give to each other standard disclosure by list, the lists to be served 4:00pm on 25th January 2013. Download the N265
  

 

• Any request for a copy, or inspection, of any document shall be completed by 8th February 2013.
  

3. Both parties shall by 4:00pm on 8th March 2013 serve on each other the witness statements of themselves and of all witnesses (other than expert witnesses) on whom they intend to rely.

 

4. No party may rely on or adduce the evidence of any witness whose statement has not been served in accordance with this order without further permission from the court.

 

5. Each party shall:

 

• Serve any request for clarification or further information based on any document disclosed or statement served by another party no later than seven days after disclosure or service and...
  

 

• Reply to any such request served on it within seven days of service of the request.
  

6. Each party shall file completed Listing Questionnaires (Pre- Trial Checklists) by 4pm on the 19th April 2013. The claiment shall also pay the fee of £xxx.xx plus the hearing fee of £xxx.xx when they file the Listing Questionnaire

 

7. The case be listed for fast trial before a judge sitting at XXXXXXXX courton a date to be fixed in the period commencing 3rd June 2013 and ending 21st June 2013, with an estimated time of 90 minutes.

 

8. Parties are to file of details of witness availability within the trial window by 4:00pm on 25th January 2013. Any availability received after that date my not be taken into account when the matter is being listed.

 

9. Costs in the case.

 

10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Ehhm, not entirely sure what exactly is this telling me I need to do

 

Points above hi lighted should be dealt with in the dated order.

 

Andy

[AndyOrch]

Thanks Andy.

 

Okay, Ive downloaded the N265 Form.

Do I state all the documents that I have, like every bit of correspondence from MBNA that I have kept etc, or just the ones that I will be using in my defence such as the two Credit Agreements & the Default Notice? Only the docs you will rely upon and have referred to within your defence

Am I right in thinking I have to send the form to the court? No you send it to them

Do I wait until GA ask for any such documents from me before filling the N265 in? No follow the timetable above.... simultaneous exchange

Also do I need to request documents - and which ones - from GA or is this done after both parties have submitted their N265 forms? Yes but only the documents you dont have or may be of use to your defence

 

 

 

Regards

 

Andy:wink:

[AndyOrch]

Yes you request what you need by the 8th from their N265.You as the defendant will have very little to disclose and should only complete the one section after the signature area.

 

Andy

[AndyOrch]

" Should I contact the court to tell them they have not complied with the court instructions / Ive not received their N265? "

 

 

Yes and suggest the Court invoke sanctions.

[AndyOrch]

BETWEEN

Arrow Global Guernsey Limited Belvedere

Claimant

And

Mr Toxic Debt

 

Defendant

 

 

29th January 2013

 

Claim Number xxxxxxxxx

 

Further to the District Judge Mr/MrsXXXXXXXXXX Notice of Allocation and Directions dated xxth xxxxx xxxxxxxx

 

Failure to comply with Standard Disclosure

 

I write to inform the court that the claimant has failed to submit the N265 form by the date stated as instructed by the court – 4pm on the 25th January 2013 to the defendant. (defendant has not received the N265 to date as of the 29th January).

 

This failure on behalf of the claimant to provide the information on the N265 and not complying with the courts Directions disadvantages me, being unable to verify , consider, my defence, due to the inability to request copies of documents the claimant is reliant on as part of their claim.

 

Given that the deadline (4pm, 25th January 2013) has past & no correspondence whatsoever has been received from the claimant with regard to the N265 form to date, I would respectively request that the court invoke sanctions pursuant to the CPR upon the claimant where necessary.

 

 

Mr T Debt

 

Check the red hi light TD

 

Regards

 

Andy

[AndyOrch]

Thanks Steven

 

PS A letter carries little or no weight this would be better on a N244 unfortunately their is a fee..and its not guaranteed to strike out.

[AndyOrch]

Yes it is an application and that's the gamble at this stage. Firstly it would only incur a fee of £45 (no hearing).The order you request.... that the Court of it own initiative strike out the claim due to the Claimant failing to respond to Court Directions.

 

CPR 3 (3.3) & (3.4) & (3.10)

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

As said its a gamble because the Court may issue a " Or Else " order in which the claimant will have say 7 days to comply...failing that they will then strike out.

 

Regards

 

Andy

[AndyOrch]

They wouldn't blink twice asking same of your defence......quote the relevant CPR this is the authority the Court must act on.

 

Attach a Draft order...... here is an example:- Amend your N244 to state yes Draft Order and also request costs in the application.

 

Originally Posted by andyorch;

The Draft needs to be properly formatted correctly...... format as follows:-

 

 

 

Edit to suit

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

UPON reading the Claimant’s application notice dated [ ] and the witness statements filed by the parties

 

AND UPON hearing the Claimant and Counsel for the Defendant

 

IT IS ORDERED THAT:

 

1. The Claimant be granted summary judgment on the whole of the claim and the counter claim by the Defendant struck out.

2. The Defendant do pay to the Claimant forthwith the sum of £[ ] in respect of the claim.

3. The Defendant do pay the Claimant’s costs of the claim, in the sum of £[ ] within 14 days.

 

#### END OF ORDER ####

 

Fill in the gaps where ..... or [ ] is present.

 

 

 

amend the order to suit.

 

Regards

 

Andy

[AndyOrch]

It was only an example of a draft Direction as stated Toxic dont copy that.

 

I will draft you one tomorrow now....eyes closing now:sleep:

[AndyOrch]

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 20…

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

Further to the DJ [ ] Directions dated [ ] [ ] and failure to serve list by 4:00pm on 25th January 2013.

 

 

IT IS ORDERED THAT:

 

1. The Claimant be instructed to either comply with Order and serve its Standard Disclosure or the Court strike out the Claimants claim pursuant to CPR 3 (3.3) & (3.4) & (3.10)]

2. The Claimant do pay the Defendants costs of the claim and application, in the sum of £[ ] within 14 days.

 

#### END OF ORDER ####

 

Fill in the gaps where ..... or [ ] is present.

[AndyOrch]

Hi Toxic

 

If this is going to cause considerable problems...speak to the court and explain the claimants behaviour with not complying on time and the effect it has now caused on your preparation time.The Court should advise.

 

Regards

 

Andy