County Court Claim received MBNA\Restons

[vint1954]

You were behind me in the queue!

 

I think you will find that 33 days refers to response time. 28 days to respond after service. They allow 5 days for service.

 

You will probably find that the AQ was issued 33 days before the 6th April.

[jason_mnm]

Hi LB when is ur last day to file the AQ.. mine is 5 April..

 

Can u kindly tell me what will be the best way to fill in AQ..

[LB145]

Hi LB when is ur last day to file the AQ.. mine is 5 April..

 

Can u kindly tell me what will be the best way to fill in AQ..

 

Hi Jason

 

My aq needs to be completed by 6th April - I have added on your thread - I also had a look at the AQ link that Slick pointed you to - I am naot sure if the wording is guided more to bank charges. Keep with it and try not to get stressed (I know that seems an impossibility in my case anyway!)

[LB145]

When I spoke to the Courts yesterday _ I was told that I would not have to pay the aq fee as the other side would be - after reading a link from Slick about AQ I am unsure if this is correct - can anyone advise please.

[citizenB]

When I spoke to the Courts yesterday _ I was told that I would not have to pay the aq fee as the other side would be - after reading a link from Slick about AQ I am unsure if this is correct - can anyone advise please.

 

The claimant has to pay all the court fees if that helps. The only time a defendant would be required to pay fees would if they were going for a strike out or were putting in a counterclaim.

[jason_mnm]

Hi LB how is your end going? did u file your AQ yet?

[LB145]

Hi LB how is your end going? did u file your AQ yet?

 

Hi Jason

 

I really need crack on with my AQ - I had alot of family/home issues last week and needed to sort those out and over the weekend my car engine seized up and I am looking at around £2K bill - so I have no transportation which may not seem bad to some it means that I cannot cram as much into my working day as I am to and fro on public transport - this week fortunately I have had alot of work come in for completion by Thursdaywhich is much needed to pay last weeks due bills . So all in all having a crap time!! I am about to start on work to be collected this evening - so hopefully I am going to find some head space to start putting together the AQ. Good Luck with yours!

[LB145]

I have noticed that a copy of the AQ needs to be sent to Restons's - so I need to get this completed and signed as received by them before taking to the courts (by public trasnport - a journey that would take about 10-15 mins becoming about 90 mins plus)??

[citizenB]

I have noticed that a copy of the AQ needs to be sent to Restons's - so I need to get this completed and signed as received by them before taking to the courts (by public trasnport - a journey that would take about 10-15 mins becoming about 90 mins plus)??

 

 

No.. it does not need to be sent to Restons.. it is only a courtesy gesture. Chances are you will not get sight of theirs

 

If you are going to send a copy to them.. photocopy it prior to signing.. send them the unsigned copy. Do make sure the copy you submit at court IS signed.

[LB145]

Assistance needed with N150??? Crazy amout of work and am struggling for time - the more I research other threads for information the more I am being distracted from my aim to complete the AQ form.

 

N150 Allocation Questionnaire

 

A NO to all 4 reasons.

Reasons The claimant has failed to provide the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules. -

 

B Yes Has already been transferred to local court

 

C NO"This case is not covered by any approved pre-action protocol"

 

D The amount they are claiming, £7***.** not including costs

 

Applications No

 

Witnesses MYNAME (myself) ...in the other box "all facts"

 

Experts NO to all

 

Track fast track? Because of the amout this cannot be Small Claims - needs to be Fast Track??

E 2 hours?? How many months forward to go???

 

F Need to get my directions? NO Agreement with other parties

 

G - Costs - Do I fill this in now for research, photocopying , post etc or is it for court fees and solicotors fees??

 

H - No attached fee as I have been informed Claimant is paying

 

I - YES NEED TO ATTACH DOCUMENT (when compiled) - not sending a copy

 

Do you intend to make Applications in the immediate future? NO

IN the big space box," set out any other information you consider will help the judge to manage the claim" -please see attached section I

 

Signed & Dated

[LB145]

Assistance needed with N150??? Crazy amout of work and am struggling for time - the more I research other threads for information the more I am being distracted from my aim to complete the AQ form.

 

N150 Allocation Questionnaire

 

A NO to all 4 reasons.

Reasons The claimant has failed to provide the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules. -

 

B Yes Has already been transferred to local court

 

C NO"This case is not covered by any approved pre-action protocol"

 

D The amount they are claiming, £7***.** not including costs

 

Applications No

 

Witnesses MYNAME (myself) ...in the other box "all facts"

 

Experts NO to all

 

Track fast track? Because of the amout this cannot be Small Claims - needs to be Fast Track??

 

E 2 hours?? How many months forward to go???

 

F Section F Proposed Directions

The claimant has to date in response to a request under s78 CCA not supplied any legible document which is a properly executed agreement. That which has been supplied has been an extract from a pre contractual application form which is illegible and devoid of any prescribed terms and conditions within the signature document, or any other terms and conditions.

The claimant has to date supplied a copy of the supposedly reverse side of the pre contractual application form headed “Financial & Related Conditions” of which it alleges are the original terms and conditions of the agreement this is illegible and so small as to make reading difficult. It is therefore essential for my defence that the claimant produce the original agreement with Tems & Conditions which it intends to rely and upon which I am able to base my defence.

 

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 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. The original documents to be brought to the hearing

• 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 ,together with proof of service.

• Full details of the account to show how the sum mentioned in the particulars of claim have been arrived at

 

• 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

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

NO Agreement with other parties

 

G - Costs - Do I fill this in now for research, photocopying , post etc or is it for court fees and solicotors fees??

 

H - No attached fee as I have been informed Claimant is paying

 

I - YES NEED TO ATTACH DOCUMENT (in proper layout when compiled- assistance in layout please) - not sending a copy

 

Do you intend to make Applications in the immediate future? NO

IN the big space box," set out any other information you consider will help the judge to manage the claim" -please see attached section I

 

Signed & Dated

 

------------------

 

I need to take my AQ to court on Tuesday 6th April and would appreciate thoughts and input where needed - apologies to everyone as I know Easter is here and everyone will have family commitments so I am trying not to have a crazy last day panic - you know this sets in just towards the end as time draws nearer! - Have to go and get some work done - bills have to be paid - thank you

[gh2008]

A very good sticky by PT all the basic info you need, just tweak for your case

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

[LB145]

Thanks GH2008 - have just read the above sticky

[LB145]

Section G / H - 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;

 

The claimant has to date in response to a request under s78 CCA not supplied any legible document which is a properly executed agreement. That which has been supplied has been an extract from a pre contractual application form which is illegible and devoid of any prescribed terms and conditions

within the document, or any other terms and conditions.

 

The claimant has to date supplied a copy of the supposedly reverse side of the pre contractual application form headed “Financial & Related Conditions” of which it alleges are the original terms and conditions of the agreement this is illegible and so small as to make reading difficult. It is therefore essential for my defence that the claimant produce the original agreement with Terms & Conditions which it intends to rely and upon which I am able to base my defence.

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.

 

It 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 this document must be disclosed before this case can progress any further

 

 

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 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,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• 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

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

Edited April 1, 2010 by citizenB
HTML codes removed

[LB145]

Sorry HTML codes

[citizenB]

Sorry HTML codes

 

 

I will remove them for you. Annoying things arent they

[LB145]

Thanks CB for removing the HTML codes/tags

 

Does anyone have any feed back on my Draft Order for Directions #164

[gh2008]

is s61 what you are relying on in your defence?

 

If they have already sent copies then you need to add teh word Legible before the copies.

 

In the info - it cannot be illegible and hard to read - how about not easily legible - which if you look is what the law requires them to be anyway - you could even hunt that bit down and quote it.

[LB145]

is s61 what you are relying on in your defence?

 

If they have already sent copies then you need to add teh word Legible before the copies.

 

In the info - it cannot be illegible and hard to read - how about not easily legible - which if you look is what the law requires them to be anyway - you could even hunt that bit down and quote it.

 

GH2008 you very kindly had some input in my defence - Yes as I have only ever received Application Form -my defence is Consumer Credit Act 1974 there are certain conditions laid down by parliament ....section 60(1)etc

 

I will look for the legible law - need to complete some work that is being collected at 9.00am tomorrow. Thx for taking the time to comment.

[gh2008]

ok I lose track of all these threads

 

to get you started - Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

[LB145]

Hope everyone had a good Easter - I seem to have been working all over it - I now must get the AQ finalised today ready to deliver to the courts tomorrow - can anyone tell me if the form has to be filled in black ink or that it dosent matter?

[LB145]

Really trying to concerntrate on my AQ but family keep distracting me

 

N150 Allocation Questionnaire - Black ink?

 

 

Here goes - please chip any advice where needed - it will be much appreciated!!!

 

A NO to all 4 reasons.

Reasons The claimant has failed to provide the written agreement, which formed the basis of this claim in accordance with part 16 and Practice Direction 16 of the Civil Procedure Rules.

 

B Yes Has already been transferred to local court

C NO "This case is not covered by any approved pre-action protocol"

D The amount they are claiming, £7***.** not including costs

 

Applications No

 

Witnesses MYNAME (myself) ...in the other box "all facts"

 

Experts NO to all

 

Track I am requesting Small Claims although this is £7K as attached information

E 2 hours?? How many months forward to go???

 

F SEE BELOW for Draft of Directions NO Agreement with other parties

 

G - Costs - leave blank

 

H - No attached fee as I have been informed Claimant is paying

 

Other Information -

 

Attached Documents - YES

 

1) Section - Other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2010 or not sending a copy SOME SUGGEST SENDING A COPY OTHERS DO NOT?

 

Do you intend to make Applications in the immediate future? NO

 

IN the big space box," set out any other information you consider will help the judge to manage the claim" -please see attached section I

Signed & Dated

------------------------------------------------------------------------------------------------------------------------

In the ************* county court

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

 

Between

MBNA Europe Bank Limited - Claimant

and

xxxxxxxxxx - 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 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,

 

• Document, contract or deed of assignment

 

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

 

• 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

 

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

 

-----------------------------------------------------------------------

 

XXXXXXXXXX -v- XXXXXXX

Claim No: xxxxxxxxx

 

N150 ALLOCATION QUESTIONNAIRE

 

Section G / H /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;

 

The claimant has to date in response to a request under s78 CCA not supplied any legible document which is a properly executed agreement between MBNA Europe and XXXXXXXX. That which has been supplied has been an extract from a pre contractual application form which is not easily legible and devoid of any prescribed terms and conditions within the signature document, or any other terms and conditions.

 

The claimant has to date supplied a copy of the supposedly reverse side of the pre contractual application form headed “Financial & Related Conditions” of which it alleges are the original Terms and Conditions of the agreement this is not easily legible and so small as to make reading difficult. It is therefore essential for my defence that the claimant produces the original agreement with Terms & Conditions which it intends to rely and upon which I am able to base my defence.

 

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 and 63, section 127(4) precludes the court from making an enforcement order.

 

It 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 this document must be disclosed before this case can progress any further

Edited April 5, 2010 by LB145

[LB145]

I originally SAR MBNA back in June and got some info -once the court papers were sent I SAR them again to get dates of the DN - this information has not yet been sent - so I do not have this info still.

[royalblue1878]

Hi LB,

 

Just checked my Aq (149) and I used blue ink. I can't see anything that states you must use black so you should be ok with blue.

[LB145]

Hi LB,

 

Just checked my Aq (149) and I used blue ink. I can't see anything that states you must use black so you should be ok with blue.

 

Thanks Royalblue - any chance you have the time to glance over the AQ above, I am sure our story is the same (from what I recall) - in need of comments and suggestions and no one seems to be logged on, want to go to sleep tonight knowing that its complete