Court Papers arrived - DebtControl V Cabot/MSDW

[Debtcontrol]

What's this debt for? The other thread is for an overdraft, hence no Default/Termination Notice requirement. By the sounds of this, it's covered by the CCA and they will need these docs for their claim.

 

I'll see if I can find/link your previous thread.

 

Hi Car2403

 

This is for a MSDW CC took out Oct 2000.

Original thread is here, http://www.consumeractiongroup.co.uk...l-V-Cabot-MSDW Thanks for looking, really appreciate it.

[car2403]

2 merged, what's the next deadline for action on this one as there's a few urgent things on the go at the minute?

[Debtcontrol]

2 merged, what's the next deadline for action on this one as there's a few urgent things on the go at the minute?

 

Hello, aq has to be in for 19th August. Thanks.

[Debtcontrol]

Hello,

Handed in aq today, got proof of receipt also.

Cabot/Morgans haven't handed anything in yet, I guess they will by tomorrow?

Thanks.

[creditcardmug]

Hello,

Handed in aq today, got proof of receipt also.

Cabot/Morgans haven't handed anything in yet, I guess they will by tomorrow?

Thanks.

 

I bet they wont LOL!

[Debtcontrol]

Looks like we have a live one here.

Got a letter from Morgans this morning with a copy of their AQ.

 

Summary:

 

• Section A - They have ticked the box for wanting to settle, then also for the 1 month stay
  
• Section B - They have ticked NO for any particular court
  
• Section C - Ticked yes for pre=action protocols
  
• Section D - Filled in the claim amount and specified the witness. No to expert evidence and they have ticked Fast Track
  
• Section E - They have estimated 3 hours.
  
• Section F - Ticked no for proposed directions
  
• Section G - Costs incurred to date - 500, overall estimate - 5000, WTF??!!!!
  
• Section H - Yes to attached fee
  
• Section I - No to attached documents.
  

 

I guess I am going to a hearing then, but with no information on their case apart from the vague particulars in the original Northampton claim form, I have no idea what their case is really.

 

Any advice?

Thanks.

[Debtcontrol]

I've now sent them a copy of my AQ, already sent them my draft order for direction.

 

I'm basing my defence on no Credit Agreement - App form that they have sent does not have any prescribed terms, no signature by them, no credit limit, no interest, no repayment terms and no charge info on missed payments etc.

Also, no default notice, no termination notice and no true copy of notice of assignment.

Also a letter from Morgans stating they do not have the documents I am asking for (Credit Agreement) so please stop asking.

 

Any thoughts on this?

Thanks.

[AndyOrch]

Fast Track DC N150?

 

Regards

 

Andy

[Debtcontrol]

Hi Andy,

Their AQ is indeed a N150, and they have ticked the box for Fast Track.

[AndyOrch]

Ok no proposed Directions mmmmm! I surmise they are going for SJ next step no mention of applications made? Where are yours DC which post number?

With regards to their costs, thats a frigtner for you HMCS, guidelines FT costs ceiling £1500.00

 

 

Andy

[AndyOrch]

Just seen Creditcardmugs Proposed Directions

 

Andy

[AndyOrch]

Why have they issued N150 when its clearly SCT N149?

 

 

Andy

[AndyOrch]

Has the Claimant included their estimated costs into the summons amount?

Both of you should have been issued the N149 and they should have indicated SCT not FT looks like the office monkeys completed that one

[Debtcontrol]

Andy, post 44. Whats SJ?

 

Should I be concerned about the costs then?

 

Thanks.

[AndyOrch]

Summary Judgment no you should be more concerned that the wrong AQs have been issued.

 

Regards

 

Andy

[Debtcontrol]

OK, what can I / should I do then?

 

Ta.

[Debtcontrol]

Just for info also, the amount is 50xx.xx - so just over the normal ceiling for SCT? perhaps why?

[AndyOrch]

Contact your CC that is dealing with the case and state the fact.Also the Claimant as opted for FT when its clearly SCT.

 

 

Andy

[AndyOrch]

You have stated on your AQ £1234 What is the summons amount ? Have they included their Estimated Costs to push this over the threshold?

 

Regards

 

Andy

[Debtcontrol]

Hi Andy,

Sorry, I took out all personal details from that AQ - that number there is just a sample. The actual amount is 50xx.xx

Sorry for the confusion.

I have put on my AQ that I want SCT as the amount is only slightly over the normal ceiling - advice from the Consumer Forum post on completing AQs.

[AndyOrch]

Ok with you, therefore AQs are correct and i fully agree that this could be dealt with in SCT.As said costs are intended as a frightner and whats significant is they have not proposed further directions.I fully surmise that they will make application for SJ and this will be the next point to watch out for and how to thwart if necessary.

 

 

Andy

[Debtcontrol]

If they go for SJ, how will I know? is this a hearing also?, what's my steps to counter this?

Also, they have requested a months stay, what are they likely to try in the meantime?

 

Thanks, really appreciate your help.

[AndyOrch]

If they go for SJ, how will I know? You will receive an AN (Application Notice) N244 with a response to your defence or a WS (Witness Statement) is this a hearing also?,Yes there will be dates in which you must respond and dates of the Application hearing what's my steps to counter this? To submit your WS in response to their Application which must be completed and filed not less than 7 working days prior to the hearing.

Also, they have requested a months stay, what are they likely to try in the meantime? Mediation with you direct or sneak an application in for SJ

 

Thanks, really appreciate your help.

 

Regards

 

Andy

[Debtcontrol]

OK, thanks Andy. Added to your rep!

[Debtcontrol]

Hello, been working away for a couple of weeks, had some post waiting for me on my return...

 

Letter from Morgans Solicitors with a copy of the terms and conditions

Letter from Morgans Solicitors with a copy of 'RAW DATA'

Letter from CC - case has been allocated to Fast Track with a hearing scheduled between 24/01/11 and 11/02/11

 

Letter from CC also has a listing questionnaire (Pre trial checklist) which I need to complete by 12/11/10.

 

Whats worrying me is the covering letter from the CC states:

Each Party shall give standard disclosure to every other party by list. the latest date for delivery of the lists is 4PM on 24/09/10 - this has obviously passed and I wasn't in the country when this was received or the time passed - is this important?

 

The last date for service of any request to inspect or for a copy of a document is 15/10/10

All witness statements need to be in for 12/11/10

Listing questionnaires to be filed by 12/11/10

All costs to be submitted

 

I'm going to need some serious help with this stuff, anyone got any advice please?

DC