Hilesden securities court papers received ** Discontinued ***

[john]

As tile says, would be very grateful for advice on filling the allocation questionnaire in as it has to be in by 4th January. New thread as not sure how to alert the site team as Dotty advised me!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282955-Hilesden-securities-court-papers-received&p=3238685#post3238685

[citizenB]

What exactly are you stuck on ? And which form is it.. N149 or N150 ? Some links for you below

 

 

 

http://www.consumeractiongroup.co.uk...ml#post1385509 - N150

 

http://www.consumeractiongroup.co.uk...llocation.html - Paul's guide to N149 & N150 AQ's

 

http://www.consumeractiongroup.co.uk...gent-help.html - N150

 

http://www.consumeractiongroup.co.uk...ed-what-6.html - N149 (with draft order for directions)

 

http://www.consumeractiongroup.co.uk...ml#post1916595 - N150

 

http://www.consumeractiongroup.co.uk...ml#post1966689 - N150

[john]

Thank you for the links I will read through them all. I have read the thread re: embarrassed defences and the problems with them, and was a bit concerned as I have submitted an embarrassed defence and wanted to make sure anything I put on the AQ was up to date and relevant to the embarrassed defence I submitted.

[john]

My form is the N150. Help or confirmation on the following would be very gratefully accepted!!!

 

I do not know how to answer the questions in section A regarding attempts to settle?

 

B: location of trial - will this be my home court?

 

C: Have I qualified with pre-action protocol? I think so - submitted acknowledgement and defence on time but claimant not supplied docs requested?

 

D: amount of claim in dispute - is that all of it? Have I made any applications in this claim? not sure. Witnesses? none?

 

do I wish to use expert evidence? no?

have I copied expert reports? no?

case suitable for single joint expert? no?

 

track - not sure as over 5000

 

E: how long trial will take - no idea

 

F: proposed directions - I presume this is the important bit relating to the embarrassed defence

 

G: costs?

 

H: fee no? as defendant

 

other information - do I intend to make future applications?

[john]

I have found this on one of the links and would be grateful if someone could tell me if these are the correct answers for me to put on my AQ.

Advice as to what to put in section F would be gratefully recieved. Also can i return this to my local court on the 4th Jan as I can't see me getting it back on time? Thanks

 

 

Quote:

 

Section A - Settlement

tick no

Quote:

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

Quote:

Section C - Pre-action protocols

 

tick no in part 2,

 

Quote:

Section D - Case management information

amount of claim in dispute, you should be able to answer that

Quote:

Applications

tick no

Quote:

Witnesses

yes you so enter your details as a witness of fact

Quote:

Experts

 

Tick no

Quote:

Track

if the claim is under 5K then small claims, if its between 5 and 15K then fast track, otherwise if its above 15K then multi track

Quote:

Section E - Trial or final hearing

1 hour for the hearing as a guide, to be honest i have no bench mark as to how long it will take

 

if there are any days you are not available let them know

Quote:

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

 

 

 

Quote:

Section G - Costs

 

 

 

 

leave blank

 

 

 

 

Quote:

Section H -Other Information

 

Please find the following attached to this allocation questionnaire;

 

1) Section H - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the claimant on **/**/2008.

[Dotty50]

Hi John,

 

Have you thought about sending postggj a PM?

 

They have posted more recently on other threads so may have overlooked getting back to you, as stated in post 70

[john]

Hi Dotty thanks for the reply. Yes, I have sent 2 but am assuming with it being the holidays he hasn't seen them. I am worried about getting it in for 4th January with tthe 1st 2nd and 3rd being bank holidays.

[gh2008]

Ok, your defence was not an 'embarrassed' one, it was a full denial of the claim - which is good

 

Now, I presume that the Claimant has not sent any further info to you (or the Court)?

They will also have an AQ to fill in and they will also have to send a nice big cheque to continue with the claim. IF they send a cheque in then it will go to the next stage (which in this case should be interesting...)

 

On your AQ (which I presume is an N150) it would probably be an idea to ask for a Strike Out of the claim.

 

I would go for Fast Track as the rules (CPR) are stricter, which should work in your favour in this case.

 

There is a costs risk of Fast Track BUT should you lose at trial (if it ever gets that far) you would have a VERY strong case to argue against costs due to the behaviour of the Claimant.

 

Chill out this evening, and I *will* get back on here tomorrow (had one too many to make proper sense tonight I am afraid )

 

Part of me is wondering whether to wait until the 4th and see if they submit their AQ on time ..... not submitting an AQ is not terrible, especially just a day or so late, what with all the Bank Holidays etc.

It would be interesting to read their first before submitting yours ... I will ponder that thought tonight

 

Keep smiling

[john]

Thank you so much for that, I can breathe an sigh of relief now that someone who knows what they're doing is on my side!!! I will check back tomorrow and see what you think is the best way to go.

 

ps. Nothing has been sent here and I haven't heard from the court that they have recieved anything. Would they still have an original cca from 2000?

[dx100uk]

threads merged

 

dx

[john]

Thanks

[gh2008]

Part of me is wondering whether to wait until the 4th and see if they submit their AQ on time ..... not submitting an AQ is not terrible, especially just a day or so late, what with all the Bank Holidays etc.

It would be interesting to read their first before submitting yours ... I will ponder that thought tonight

 

Keep smiling

 

Now, I know this will be shouted down by others, but if this were mine and it had got to this stage, I think this is what I would do.

 

The Claimants will do 1 of a few things

1. nothing - claim will be stayed - after a reasonable amount of time you can apply for it to be struck out

2. submit AQ without cheque to see what you are submitting - Court will order payment - they may or may not pay depending on your AQ

3. Submit full AQ with long rambling info telling the Court how bad you have been and that they should strike out your defence (won't happen from an AQ - but frightens LiPs)

4. submit an app for Summary Judgment - your proper (rather than embarrassed defence should stop this)

 

I am struggling to find out Hillesdens' litigation track record as there seems very little info about re them actually going to trial

 

Here's a recent one I helped with http://www.consumeractiongroup.co.uk/forum/showthread.php?263672-Hillesden-Securities-Aplins-and-a-CCJ-**-A-SUCCESS-STORY**-)

probably worth reading

 

I'll have more of a hunt and see what I can find

 

Keep smiling

[john]

The court papers were issued by Aplins, don't know if that makes any difference?

 

I think they have seen that there is a mortgage on the credit file so can put a charge on the house. Unfortunately it is in negative equity and 99% owned by daughter!!! Shes obviously a bit worried about all this, aswell. Will this encourage them to persue to the bitter end?

Edited December 29, 2010 by john

[gh2008]

It's all the same group, building, office, desk

 

Read that thread again and you may want to take a similar stance. It is quite aggressive, but it can bring very fast (and positive) results (BUT you need to be up for it and follow it through).

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?263672-Hillesden-Securities-Aplins-and-a-CCJ-**-A-SUCCESS-STORY**-)&p=3100871&viewfull=1#post3100871

[john]

Thanks for responding, have re-read the thread and the great result. Are you suggesting an N244 is submitted instead of the AQ? i am up for it if you think it is the way to go but will need help with the legal jargon as I'm no way as articulate as gazebo in the legal terms.

 

There is no paper work from before the court papers as he was working away and got post as and when, and sometimes not at all, so I have no info re: default notices and LBA's and am muddling through from the court papers.

 

Nothing has ever been sent to them re: requesting credit agreements or the fact it is statute barred, just the request for more information in the defence statement.

 

What would happen if they respond to the N244? Is there a chance of them producing original documents from 2000?

Edited December 29, 2010 by john

[john]

Sorry for all the questions, also would the N244 be submitted to my local court or Northampton?

[gh2008]

Read through the links in the thread re the CPR etc, work out why Gazbo picked out the breaches he did, they will all (I would think) apply to your case as well.

 

Gazbo got a good result BUT he did put the work in - I probably said it in his thread as well, but I don't spoonfeed (no offence intended at all) I will help and support to the best of my abilities, but I will not just tell you what to write as I think it is counter-productive and people end up over their heads and then lose spectacularly.

 

In your case I would either apply for a Strike Out or just sit tight and see what their next move is. They cannot get a Default Judgment against you as you have submitted a defence. If you did just sit tight then the worst that could happen is that the Claimant submits theirs and you get Ordered to submit yours (after reading theirs) that won't affect the end result. In reality you would wait and see if they submitted and then submit yours soon after responding appropriately to theirs if necessary.

 

Have another read of Gazbo's thread and the linked docs and then decide

[gh2008]

Sorry for all the questions, also would the N244 be submitted to my local court or Northampton?

 

It's already been transferred hasn't it (where did the AQ come from - should have been your local - you should have a Notice somewhere informing you of the transfer)

[john]

Is that submits their AQ? Sorry, I didn't mean I wanted to be spoonfed, but just need someone to check what I'm submitting is correct. I must be spending 4-5 hours a night reading threads on here that I think may be relevant to this. I have a grasp of whats going on in laymans terms, but not legal terms!!! Your advice is much appreciated. My understanding is that the poc are so vague that a proper defence cannot be submitted until the claimant produces more specific information of the debt. I believe that is what was said in the defence. I am quite prepared to put something together for an N244 or AQ but my understanding of the N244 is that it asks the claimant to come up with the information more quickly than going down the AQ route, or am I mistaken?

[john]

It's already been transferred hasn't it (where did the AQ come from - should have been your local - you should have a Notice somewhere informing you of the transfer)

 

Yes, sorry, the notice of transfer is on the back of the AQ fly sheet.

[john]

I have read through the cpr and have drafted the following. Is there sufficient information here for an N244, and should I again ask for a strike out at this stage, as this was already put in the defence statement? Is it too "layman"?

 

On xx/xx/xxxx I received a claim form from Hillesden Securities issued by Aplins. The POC were so vague that no account could be identified from it. It failed to comply with the following Civil Procedure Rules:-

16.2

(1) The claim form must –

(a) contain a concise statement of the nature of the claim;

© where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;

(cc) where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum;

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies;

(2) If the claimant is seeking interest he must –

(b) if the claim is for a specified amount of money, state –

(i) the percentage rate at which interest is claimed;

(ii) the date from which it is claimed;

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv) the total amount of interest claimed to the date of calculation; and

(v) the daily rate at which interest accrues after that date.

 

I submitted a defence to the claim on xx/xx/xxxx stating the above, and asking that the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. I have, to date, received nothing from the claimant to substantiate the claim.

 

 

 

would the fact that this is statute barred bear any relevance on the court case?

Edited December 29, 2010 by john

[the_shadow]

You have filed a defence and as GH has stated they cannot now just get a default judgement. His posting #92 seems on the button to me.

 

Oh and the debt being stat barred is a complete defence to a claim providing it is actually stat barred

 

S.

[john]

Thanks for the input. As far as I'm aware there has been no correspondence in the last 6 years, but nothing has been done regarding this, would this be done seperate to or included in the court action? So you think I should do as GH suggested and wait and see if they submit their AQ and leave the N244? It will not be s problem if I do not submit my AQ by the 4th?

[the_shadow]

If it were me and I was SURE this debt was stat barred I might be tempted instead of issuing a strike out to ask the courts to issue an unless order for disclosure, I think it would be far easier for the courts to agree to this than a strikeout at this point in time.

 

S.

[the_shadow]

Thanks for the input. As far as I'm aware there has been no correspondence in the last 6 years, but nothing has been done regarding this, would this be done seperate to or included in the court action? So you think I should do as GH suggested and wait and see if they submit their AQ and leave the N244? It will not be s problem if I do not submit my AQ by the 4th?

 

I dont mean to be rude but this is no time to be wooly here... You need to be confident that there has been no Acknowledgement of the debt either in writing by the defendant TO the claimant or by the defendant paying any sums towards this debt. There MUST be a complete 6 year period.

 

I've just suggested asking for an unless order and you could incorporate this into the AQ so that you dont have to pay the application fee although doing it on an N244 guarentees at least that a judge will see the request and rule. Claimants get leeway on filing deadlines, defendants less so, so I would be inclined to send it at the last possible moment but still prior to the deadline but thats just me.

 

S.