Bryan Carter Solicitors, CCJ paperwork!

[m2000]

Hi VJohn82,

 

Thanks for your very quick reply.

 

Right, you have made it much clearer and makes perfect sense.

 

I will be submitting the defence via the moneyclaim online website, so I think this will provide the template, i,.e. I jsut fill in the boxes where asked?

 

Once again, many thanks

[vjohn82]

Exactly... much easier. You want select your local court to be heard in. I've not used MCOL before and not sure if it has a option to do this? Besides... you can select your local court at the Allocation Questionnaire stage.

 

All the best.

[DonkeyB]

It should be automatically transferred to m2000's local court.

[ScabHunter]

I was all set to help out with this defence when I got home today, but I see that the excellent vjohn82 has already supplied what will be a satisfactory and complete defence in itself.

 

I will just make a couple of suggestions, which you are free to take or leave as you see fit.

 

Firstly, I would split the paragraph containing the reference to CPR 31.14 and CPR 18, because non-compliance with each has different potential consequences. CPR 18, the wider-reaching rule, is at the discretion of the court, whereas CPR 31.14 is defined as an absolute right under the CPR (see CPR 31.15).

 

I would put something like this -

 

4. On xx/xx/2009 the Defendant made a request to the Claimant for the necessary documentation to support the Particulars of Claim, pursuant to Part 31.14 of the Civil Procedure Rules. The Defendant notes that Part 31.15© of the Civil Procedure Rules states that a party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request. This legitimate request has been ignored.

 

5. Also on xx/xx/2009, the Defendant made a request to the Claimant for further necessary documentation pursuant to Part 18 of the Civil Procedure Rules. This legitimate request has also been ignored.

 

6. The Claimant's failure to comply with the Civil Procedure Rules Parts 31.14 and 18 leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands.

 

Secondly, you seem to be saying that the account number quoted in the Particulars of Claim is not one you even recognise. If that is true, then I would deny ever having such an account number, instead of just denying that you owe £282.64.

 

So, before the paragraph numbered 5 in post #22, I would add another paragraph -

5. The Defendant denies ever holding any account with the number xxxxxx, and puts the Claimant to strict proof of this.

 

SH

[vjohn82]

Those are good points and I would go along with them; especially the part about the account number. I would leave in the part about the value of the debt aswell... so summing up you want to say you do not recognise the account number and you do not recognise the value of the debt.

 

The reason for this is because you are putting them to proof of how the balance was made up (i.e. unlawful charges, non-contractual interest etc).

 

Great points Scab

[ScabHunter]

Those are good points and I would go along with them; especially the part about the account number. I would leave in the part about the value of the debt aswell... so summing up you want to say you do not recognise the account number and you do not recognise the value of the debt.

 

The reason for this is because you are putting them to proof of how the balance was made up (i.e. unlawful charges, non-contractual interest etc).

 

Great points Scab

 

Sorry, yes, just in case there is any confusion - I would add the paragraph I have numbered as 5 before the one numbered 5 in the original defence, and definitely not instead of it.

 

I would leave in the part about the value of the debt aswell...

 

Totally agree.

 

SH

[lilly white]

well a part from telling them to ...... off nothing more to be said.

 

 

well done all

 

lilly

[m2000]

Hi All,

 

Many, many thanks to all of you who have helped I really wouldn't have known where to start with writing my defence.

 

I really appreciate it and will make a donation to the site when I get paid.

 

 

I will let you all know what happens!

 

Thanks again

m2000

[maroondevo52]

Thread moved to Legal Issues.

[m2000]

Hi All,

 

Recieved Allocation Questionaire today. Do I just fill this in and send back? Do i need to add anything? defence already submitted and don't think there is anything else to add... other than BC still not providing paperwork requested under CPR - shall i mention that??

 

Thanks

[ScabHunter]

Yes, DEFINITELY include Carter's non-compliance.

 

Have a read of this thread by pt2537 which covers this situation -

 

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

 

and then this one, which is a live case featuring Carter where he bottled out at the AQ stage. Your AQ will not be identical, but it will be similar, and this thread will show you how to complete it.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170673-bryan-carter-ccj-can.html

 

Any questions, just shout.

 

SH

[m2000]

Hi SH,

 

Thanks for your reply.

 

What does the fact that I have recieved an AQ mean?

 

I have obviously already sent in a defence, had a letter confirming receipt of the defence by the court.

 

Is receipt of the AQ automatic, or does it mean that BC intend to carry on the CCJ process?

[ScabHunter]

What does the fact that I have recieved an AQ mean?

 

It is simply routine. The court needs to allocate the case to a track, so it sends out a questionnaire to both parties.

 

Is receipt of the AQ automatic, or does it mean that BC intend to carry on the CCJ process?

 

The receipt of the AQ is automatic. There will only be a sign that Carter intends to continue the case if and when he submits his AQ and pays the fee (the claimant has to pay a fee to continue, you, as the defendant, don't).

 

SH

[lilly white]

just looking will help when i can.

[m2000]

Thank you both

 

So obviously the hope is that BC do not submit an AQ, but I still need to submit mine in any case.

 

If BC do submit an AQ, do I get notification?

 

Thanks again

[vjohn82]

Thank you both

 

So obviously the hope is that BC do not submit an AQ, but I still need to submit mine in any case.

 

If BC do submit an AQ, do I get notification?

 

Thanks again

 

You will be sent, or rather they should send, a copy of their AQ. I suspect they will attempt a Summary Judgement application at the same time which means you may receive a WS from them. You have the right of reply.

 

That said, keep it simple for now; fill in the AQ as per the advice from pt's thread

[lilly white]

DO WE HAVE ANY DOCS ANYTHING BACK YET, there must be somthing,

[m2000]

No docs yet

[lilly white]

what nothing, complete nothing, good god.

 

 

 

 

It is denied that the Defendant has or ever has had liability to pay - whomever that may be - any sum whatsoever.

 

 

 

 

 

ok

 

Lilly

Edited January 15, 2010 by lilly white

[m2000]

Yes, DEFINITELY include Carter's non-compliance.

 

Have a read of this thread by pt2537 which covers this situation -

 

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

 

and then this one, which is a live case featuring Carter where he bottled out at the AQ stage. Your AQ will not be identical, but it will be similar, and this thread will show you how to complete it.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170673-bryan-carter-ccj-can.html

 

Any questions, just shout.

 

SH

 

 

Hi SH,

 

Thanks for the links.

 

I have had a look over the AQ and proposed attachments within the 2nd link, it appears to be pretty much what I need.

 

I have copied and made some minor amendments (dates, court details etc) but apart from that it appears to match what documents I requested from BC etc.

 

Many thanks!

[m2000]

Dont believe it.... BC have filed an AQ and forwarded me a copy.

 

What the hec happens now? I really carnt face going to court!

 

They have also ticed a box saying they are not willing to utilise the mediation service offered. What does that mean?

 

I have still not had any documents from them further to my CPR requests.....

 

What is next?

 

Thanks

[postggj]

dont pussy foot about with carter

 

if your at the aq stage and carter has not responded to the cpr request

 

apply for strike out

[vjohn82]

Dont believe it.... BC have filed an AQ and forwarded me a copy.

 

What the hec happens now? I really carnt face going to court!

They have just decided what court they wish to hear the claim and are informing the court (i.e. small claims court/fast track etc)... you have the option of doing your own (if you have not done so already)

 

They have also ticed a box saying they are not willing to utilise the mediation service offered. What does that mean?

 

This means they do not wish to settle out of court or take a month to negotiate with you

 

I have still not had any documents from them further to my CPR requests.....

 

Then it is time to apply for a strike out for non compliance

 

What is next?

 

Thanks

 

Comments in red

[m2000]

Well on the AQ i submitted I attached:

"

In the XXXXX County Court

 

Claim number XXXXXX

 

 

Between

Arrow Global LLC - Claimant

and

Mr M2000 - Defendant

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement referred to in the Particulars of Claim, 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
  
• Copies of all statements for the duration of the alleged agreement, used to establish a balance on the alleged account
  
• Copies of any other document to be 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
  

"

 

 

and also:

 

 

Arrow Global LLC (Claimant) -v- M2000 (Defendant)

Claim No: XXXXXX

 

 

N149 Allocation Questionnaire

 

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

 

1. On 22nd November 2009 I forwarded a request for information pursuant to the Civil Procedure Rules Part 31.14, for a copy of the agreement mentioned in the Particulars of Claim. Despite the fact that Civil Procedure Rules Part 31.15 insists that the claimant furnishes this document within seven days, my legitimate request was completely ignored.

 

2. On 22nd November 2009 I forwarded a request for information pursuant to the Civil Procedure Rules Part 18, including details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers, and copies of statements for the entire duration of the alleged agreement.

 

These documents are necessary to establish the balance on the said account, to establish the percentage of the balance caused by unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999 and therefore not binding on the defendant, and to establish whether or not the defendant is indeed indebted to the claimant to any degree. My legitimate request for this necessary information was ignored.

 

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

 

 

 

How do I go about applying for a strike out for non compliance?? does the above not cover that?

 

Thanks

[postggj]

enclose that with the aq

 

go get em