hushpuppy - ** SATISFACTORY CONCLUSION**

[gh2008]

This one is before the defence, but have a read over here http://www.consumeractiongroup.co.uo.uk/forum/legal-issues/241785-i-am-scared-please.html for an idea. We'll sort something out over the weekend - Don't worry.

 

In your other info you just need to put bits in like the complaint to FOS - it's all useful stuff and all personal to your case - which is what we *really* need. Template letters have backfired in the past when they have not been used correctly.

IMHO a template should be exactly that, a template to base your own one upon, not a finished article.

 

You can always post up some bullet points of important issues and we'll hack it into a statement

 

hth

Edited February 6, 2010 by gh2008

[hushpuppy]

Thanks gh, supasnooper, Thanks for the threads, helped a lot. I am posting up my 'other information' believe it or not I worked on it all day yesterday and still altered it today, and it still looks like ****. looks so unprofessional, (didn't put in it was preferable to make an agreement because of the constant haressment). If you could advise me on whether this will be acceptable, be really grateful. Still got to do my Draft order, going to work on that now, feel must finish it today.

[hushpuppy]

Cant download, and have no-one here to help, I'll re-type it here.

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as in the attached draft order. Without production of thes requested documents I am unable to serve a proper defence and will make the case much harder for the court to deal with.

 

History

The defendant has been frustrated with the claimants since April 2005 with mis-management of the defendants joint account, to the point where complaints were made to FOS, These complaints were complex and clouded due to the lack of clarity on the claimants side. In Aug 2006 the claimant made a token payment as the way of an apology but did not rectify the situation, issues were made complex with the claimants failure to supply a copy of all relevant signed agreements.

 

In Sept 2006 a default notice was served, we had in the past been able to make up shortfalls, unfortunately also in Sept 2006 my husband had a serious accident, which has resulted in three operation, the last being late Oct 2009. Despite this he made arrangements through a credit management company that we should pay the claimants £20 per month, which has been done on a regular basis since mid 2007 with no default, this has actually been increased to £60 per month in January this year as he is able to do limited work.

 

The Particulars of the Claim do not state to any pacific account, or as to how the claimant arrived at this amount or from where, which also leaves me at a disadvantage in defending myself.

 

This can easily be resolved by production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case could I suggest there will be no case to answer.

 

Basically thats it, didn't know if I should put a month before they defaulted on us OH put in a claim for bank charges.

[hushpuppy]

Help, I have set out my draft order, but I am thinking that this is not going to get them to reveal (if they do produce) where the money has gone to on the loan, where it states 'refinancing debt this bank' there is no account stated and none on bank statement I have. Any further advice on DO? pleeeeese.

 

The Claimant shall within 14 days of service of this order

send to the defendant and to the court

a. 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 on.

b. the default notice

c. notices of assignment

d. A full and complete statement of accounts, including all payments

made and charges applied covering the start of the loan to the

commencement of this case.

If the claimant fails to comply with this order, the claim will be struck

out without further order

 

In the event of the claimants compliance with this order

The defendant shall within 14 days thereafter file and serve the

following.

An amended defence sufficiently particularised in reponse to the

documents supplied by the claimants.

[gh2008]

Cant download, and have no-one here to help, I'll re-type it here.

 

Just as a quick tip - when in any windows program, you can normally do a CTRL-a to select all, then CTRL-c to copy to clipboard, then go to the place you want to put it and CTRL-v to paste it.

 

CTRL-a means hold down the CTRL key and press a then release both

[hushpuppy]

Thanks gh, I really am thick when it comes to computors.

Any advice on the Aq or DO, or does it seem ok.

[gh2008]

In the ************* County Court

Claim number **********

 

Between

************* - Claimant

 

and

xxxxxxxxxx - Defendant

 

Draft Order for Directions

 

IT IS ORDERED THAT:

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

 

• Amended Particulars of Claim, sufficiently particularised and complying with CPR 16
  
• 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 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
  
• A full and complete statement of accounts, including all payments
  made and charges applied covering the start of the loan to the
  commencement of this case, showing how the amount claimed has been calculated.
  
• Copies of any statement or other document relied upon
  

The Defendant shall within 14 days thereafter file and serve the following

 

• A defence sufficiently particularised in response to the documents supplied by the claimant
  

 

Unless the Claimant do comply with this order, the claim will be struck out without further order.

 

and

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order. Without production of the requested documents I have been unable to serve a proper defence and it will make the case much harder for the court to fairly deal with.

 

History

The defendant has been frustrated by the claimants since April 2005 with the mis-management of the defendants accounts, to the point where complaints were made to the FOS These complaints were complex and clouded due to the lack of clarity on the claimants side. In Aug 2006 the claimant made a compensation payment as the way of an apology but did not fully rectify the situation. There were several issues one of which was the claimants failure to supply a copy of the relevant executed agreements.

 

Unfortunately in Sept 2006 my Mr Hushpuppy had a serious accident, which has resulted in him having to undergo three operations, the last being late Oct 2009. Despite this, and still not having received a copy of the executed agreement, we made arrangements through a credit management company that we should pay the claimants £20 per month. This has been done on a regular basis since mid 2007 with no default. This has actually been increased to £60 per month in January 20xx as he is able to do limited work.

 

The Particulars of the Claim do not state to on which account they are claiming, or as to how the claimant arrived at this amount or from where, which also leaves me at a disadvantage in defending myself.

 

This can easily be resolved by production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case could I suggest there will be no case to answer.

only small changes - what do you think? Edited January 31, 2010 by gh2008
edited history a bit

[hushpuppy]

small changes that have made a huge difference, I wasn,t happy with it now it flows, brilliant. thankyou. I can get on now and fill in the dreaded thing. Is it permisable to send my other information as an attachment, rather than hand-write it on the form and what should I send the claimants? sorry about so many questions. so grateful.

[gh2008]

In the other info box write

Please find the following attached to this Allocation Questionnaire

1) Section G / H ** - other information

2) Draft order for directions

 

This Allocation Questionnaire, and its attachments were sent to the claimant on **/**/2010.

 

and head the other info up

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N149 or 150 (whichever you've got) Allocation Questionnaire

 

Section G or H (whichever it is on your form) - other information

[MandM]

Fine to do it as an attachment. In the big box just write 'Please see attached Section ?'

 

Then on the attachment head it 'Section ? - Other Information'.

 

Some say that it's good practice to send a copy of your AQ to the other side. Personally, I would. But maybe a slight delay then 2nd class .

 

Getting it into court is the important bit.

 

M

Edited January 31, 2010 by MandM
LOL. post crossed. Didn't spot that gh was back online

[hushpuppy]

Thanks again gh, its an N150.

[hushpuppy]

All done and ready to go, it will definately be second class MandM for claimant, I take it I do not have to sign claimants copy. I would never have got this far without all your support gh, thankyou. What will happen now?

[gh2008]

What will happen now?

 

The form will go to court, the other side will probably not put theirs in on time, so they can have a look at yours first,

 

Then

1. the other side don't put theirs in at all - case is stayed - you make application for strike out and costs

2. they put in AQ - good judge - they have an unless order to produce, which they will invariably fail to do - you apply for strike out - you win & costs

3. the above and the other side discontinues either just before on on teh day of the trial if you turn up

4. the above but you don't get strike out, it goes to trial and you win cos of no docs & costs

5. they put in AQ - it goes to trial and they win. IF they have all paperwork etc you will be ordered to pay affordable monthly instalments, if they don't have the paperwork you can appeal as the judge will very likely have made an error in law or mis-directed themselves.

 

Search the forums for similar cases with your bank and solicitors and you will get a feel for teh most likely outcome.

 

but keep smiling don't let them bully you - and I know it's easy when it's not me opening the letters - I get my fair share each week though

[MandM]

If you could cast your eyes this way gh >>> http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238913-me-tesco-incasso.html

 

This could certainly get interesting. Nice guy, reads a lot and tries hard so deserves a break. See what you think.

 

Thank you,

 

M

[hushpuppy]

Thanks gh, just have to wait and see, be completely gutted if they come up with the paperwork, there would be no sense in it. Have been following lots of the tracks, seems to me Incasso go after a lot of joint accounts and the morgaged, ultimately after ccj, I expect they go for charging order, just seen very similar one to mine yesterday. very nasty people.

[gh2008]

Like a lot of these debt collectors sorry solicitors they prey on the vulnerable and try and bully their way through. It is sometimes scary, but stand your ground and don't let them get you down.

 

I had a debt for £330 that I offered the OC £10pcm. They refused and issued proceedings, I admitted it (except for the court costs which I said were unreasonable considering the offer to pay) and again offered £10 which they refused and got a judgement forthwith . They then tried for enforcement through the High Court bailiffs (nasty nasty people ). (Throughout this I was sending £10 pcm to their solicitors and they were returning it each time with a 'you're having a laugh aren't you' letter lol - racking the OC's costs up)

 

I cannot start to think how much they have spent on legal costs

 

I ended up going to the High Court (amazing place - well worth a visit - but in nicer circumstances) and making an application in person before a Master, getting a stay and then a hearing. ( you have to address the Master as 'Master' - it was like a meeting with Yoda!!! except he wasn't a small green Jedi but instead exactly how you imagine a High Court Master to be)

After all of that I turned up for the hearing and the other side didn't bother (the Master was *not* impressed!!!) as they knew they'd lost. Also had the costs order against me overturned. The Master also congratulated me for standing up for myself and wished me luck.

 

So, my £10 a month goes out now, each month to their solicitor - the same solicitor who wrote such nasty letters laughing at my offer to pay

 

Wonder who's laughing now.

 

 

Just a little tale about the sorts of things they will try and remember that was for £300!!! you get a jumped up solicitor who wants a fight .......

 

Stand strong - you've got very little to lose and so much to gain

and don't let the b........s get you down

[MandM]

Made me smile. Nice one gh lol.

 

M

[hushpuppy]

Good one to hear gh, I,m of the mind now there nothing to loose by fighting them. Funny just had a friend ring to say she was signing up to an IVA, told her to check this sight first and read up about it, she was left with debts. No-one wants to get into debt, as you say these people pray on you when your lowest.

[gh2008]

IVA's are such a rip-off for the consumer and even the creditors, there is too much money to be made for the 'arrangers' for it to be a fair system.

 

I do have a couple of friends who have gone bankrupt and that is much more straightforward than it first seems if you have few assets. Best bit is you start afresh in a year.

Otherwise it's about 6 or 7 yrs of hassle, still if you have very few with enforceable agreements and no assets, you've got nothing to lose - and they get easier, well maybe not easier, but you are less of a 'fish out of water' after the first couple have gone to court.

 

Good luck & keep smiling

[hushpuppy]

Thanks for that gh, I'll tell her, I dont know what exactly is involved, but she has already lost everything, so theres not a lot more they can take, need to talk to her, senseless increasing your debt.

With my AQ will the court contact me, or do I ring them after 14 days and see what is happening?

[MandM]

Court will contact you - they will look at both sets of AQs and then issue directions from there.

 

M

[hushpuppy]

Thanks MandM, its a waiting game then.

[hushpuppy]

Well I didn't have to wait for very long before something happened, got a copy today of Notice of change of solicitor to Cobbetts LLP. posted up their other information.

I am quite worried as they have stated the number of a loan

account, my AQ states that the POC did not state to which account they are claiming, just thinking the court will not know about the signature query on this account, if they can get it struck out does that mean I don't get a chance to see a signed loan agreement, or am I panicking?

 

They have put the loan amount with outstanding O/D, which was a debt of £645 now standing at over 1k, I sent a letter a year ago about this when they first informed me it was £843, basically saying they defaulted me on an account that was within its limit, I wasn't paying interest added on, but was happy to pay so much a month if they sent me where to pay it as they had taken my card when I went to pay money off it, and requesting to see documentation and statements of the account. (Oh how naive I was) anyway just got standard full amount required back. Looking over the forum if I've got it right this seems to be a very grey area.

hushscan.pdf

[gh2008]

They're trying to frighten you - and it seems to be working

 

Hushpuppy, please try and relax - I know it's hard when you read things like that, but do me a favour, next time you get nasty post, put it up here and wait for comments before getting stressed.

 

They are picking on you as they know (at the defence stage) that you weren't getting any advice.

 

The Judge should look at their POC and both the AQs and even the fact that the POC says account and their AQ says accounts should start alarm bells ringing in their head that all is not as it seems.

 

As there are 2 accounts they need to send 2 lots of paperwork now don't they

[gh2008]

I am quite worried as they have stated the number of a loan

account

 

and then they shoot themselves in the foot by saying it's for 2 accounts in the AQ ?????

 

They also should make an N244 application and pay the fee to get it struck out, not a throwaway paragraph on the AQ

 

You could write to the Court in reply to the AQ objecting to the strike out.

If it was made properly on an N244 you would have been given the opportunity to go to a hearing.

You shouldn't need to do that, but it may make you feel better that you are doing something about it - we'll sort something out over the weekend - I am a bit busy this w/e but I will not forget.

Edited February 5, 2010 by gh2008
added bit about the reply