lloyds claimform - old tsb debt - Lost Case - agreed variation order - but DCa's keep still chasing to up agreed payments

[Dorabell]

You cant do anything until you get something from the court, chill its sunday:)[/quote

 

Thanks CCM:)

[Dorabell]

Hi ccm hope you are around:) i have received the AQs from the court your help is appriciated they have got to be back to my local court by 6th july thats the last day for filing thanks

[creditcardmug]

Hi ccm hope you are around:) i have received the AQs from the court your help is appriciated they have got to be back to my local court by 6th july thats the last day for filing thanks

 

Bit busy for the next couple of days, but will help after that

[Dorabell]

ok thank you its appriciated:)

[creditcardmug]

Dorabell, how much is the claim for minus costs, is it less than 5k, or more?

[Dorabell]

Dorabell, how much is the claim for minus costs, is it less than 5k, or more?

 

more thanks:)

Edited August 19, 2009 by Dorabell

[creditcardmug]

Hi dorabell, i dont have time tonight, but theres plenty of time yet, is that £300, or £3000?, it doesn't seem much:confused:, anyway, ill get back in time:)

[The GodMother]

i think that Dora is saying it is over the 5K mark but £348

[creditcardmug]

Oh right, just over 5k then, can you confirm that dora?

[Dorabell]

Oh right, just over 5k then, can you confirm that dora?

 

Thank you both yes CCM over

Edited August 19, 2009 by Dorabell

[creditcardmug]

Dora, can you just confirm you have form N150?

[Dorabell]

Dora, can you just confirm you have form N150?

 

hi ccm yes n150 allocation questionaire

[creditcardmug]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "This case is not covered by any approved pre-action protocol"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[creditcardmug]

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) file and serve a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice together with proof of service the original document must be brought to the hearing

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

(e) any other documents on which the claimant will rely

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall file and serve an Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

[creditcardmug]

Other Information

 

Section I

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.

 

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.

 

Its is respectfully requested this case be allocated to the fast 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

[creditcardmug]

In the directions, fill in the xxxxs, dont fill in the dates in paras 1 and 4, the judge will do that

 

Print off the last 2 posts, and attach to the AQ

 

Send it to the court by SD,or take in to your local court, if it has been transferred, don't bother sending a copy to the other side

[creditcardmug]

I just want to point out that, as its only just over 5k, you could go for the small claims track, this would mean that your costs would be limited, should you lose...however, you dont get as much disclosure, and also by going with fast track, you are putting much more pressure on them to discontinue, if they feel their case is weak.

[Dorabell]

thank you so much CCM this is so much appriciated:)

[creditcardmug]

No probs, get back with anything else:)

[Dorabell]

No probs, get back with anything else:)

 

Sorry CCM do have to put the claims number or the card number question (a) in the draft order for directions also were its says have you sent a copy of this completed form to other parties do i tick no

[creditcardmug]

the card number, if it is mentioned in the POC

[Dorabell]

the card number, if it is mentioned in the POC

its not mentined in the POC its at the top of the claims form with SCM address

[creditcardmug]

Well if its anywhere on the court claim form type it in, if not just leave the xxxxs, or question marks

[Dorabell]

Well if its anywhere on the court claim form type it in, if not just leave the xxxxs, or question marks

 

CCM i would like to say a big thank you for giving up your time to help me with these forms its so much appriciated:) they are all ready now to send back to the court i can relax for a bit now thanks once again:)

[Dorabell]

Hi CCM i have sent my documents by special delivery today to the court they told me at the post office they are garanteed to get there befor 1pm tomorow, so its just waiting now thanks once again:)