Mint Loan

[Notty]

Can anyone help please.

[anxious123]

Hi Notty, sorry I've been hectic at work and just seen the email. I think you are fast track same as I was. Someone on here advised me on my AQ as don't have any knowledge myself. I think you need to get advice from someone experienced about writing a draft order for directions but yes I think the lack of response to CPR 18 is part of that. Will have a look at what was in mine. What date should it be in, maybe you could PM someone like 42man for help?

[Notty]

Hi Anxious

Nice to hear from you. I had a look at the AQ and I think I'm okay with that. I read on one of the AQ's that although it was over £5000 and should really be on the Fast track they called it "simple debt" and they filled in the AQ for small claims. So I am hoping someone can advice on that. Also the directions. I have looked at yours but obviously our cases are different in the sense of you are after the cca but I dont think mine will be relevant as I applied on line. Although they havent sent me a copy of the cca with the claim form. The also didnt send pop but like alot of people say they can produce this later. Hopefully someone will come along and have a look for me. Thanks again Anxious.

[Notty]

Can anyone help please.

[Notty]

bump

[Notty]

bump

[Notty]

Would anyone help me with the directions. I am getting a bit worried about what I need to do next. thanks again.

[Notty]

bump

[steven4064]

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

[42man]

A few more links here Notty....is it a 149 or a 150 ?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/159341-court-papers-received-what-6.html

 

These are the 150's

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/121975-link-financial-county-court-2.html#post1385509

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/161188-allocation-questionnaire-urgent-help.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came-4.html#post1966689

[Notty]

Thanks Steven.

 

Hi 42man its a N150. If I put the AQ and directions together I wonder if you would be kind enough to check them over for me before I send them? Just a bit nervous that I get it right. I was looking at their poc and noticed that the date they said they had sent the DN did not tally. I dont want to be too specific on the forum but would it make much difference? Also do you think I should send the cpr 18 request again or just ask for the pop in the directions? Thanks again.

[42man]

Ask for everything (including originals) in the directions....

[Notty]

I have filled in the AQ and the draft directions asking for original documents. On Anxious 123 (also a mint claim) Creditcard mug also added the following to the draft directions. Could anyone advise if I should also add this bearing in mind my application was on line and my embarrased defence asked for the agreement and the pop. In the directions the only mention of the default and pop is the following:

(b) the default notice together with proof of service. Is this sufficent?

Also when it says: "being a date 2 weeks from the date of the making of the case management directions" Would that date be 2 weeks after posting to the court?

I have not had a reply to my cpr 18 should this be mentioned on anything? Thanks again.

 

 

Other Information

 

Section I

 

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(1)(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 and63, section 127(4) precludes the court from making an enforcement order.

 

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 these documents must be disclosed before this case can progress any further

Edited August 26, 2009 by Notty

[citizenB]

Also when it says: "being a date 2 weeks from the date of the making of the case management directions"

 

Notty, you dont have to put a date, proper, in there.. the court will do it. When the Court Order is typed up they will do it at that stage.

[Notty]

Thanks Citizen. Shall I leave out the information bit would it make a lot of difference?

[Notty]

Need to send of the AQ and draft directions tomorrow but not sure if I should leave out the information bit see above thread 88 above. Anxious used this one in her draft directions that Creditcardmug kindly provided but not sure if it would be relevant to mine. Any help would be really appreciated.