Backdoor CCJ Arrows/Cater - Old Lloyds Card debt - set aside ***Claim Struck Out***

[Andyorch]

Just bringing the P.o.C forward for reference:-

 

 

The POC is as follows:

 

The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxx but has failed to do so, and the claimant claims the sum of xxxx. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

[maybelate]

Hi Andy, do I need to change the defence? Am posting in 30 minutes?

 

regards

Maybe

[Andyorch]

No that seems fine and to the point and refutes their claim.

[maybelate]

Phew! thanks Andy

[maybelate]

Hi, I've received an AQ, which I need to complete. I've looked through the notes on how to complete an N150 and looked at other threads etc. but I'm still unsure what to put for certain answers as the ones I have read are slightly different to my circumstances, can anyone help please?

 

What should I put for A,C, D (I originally made an application to have the default judgement set aside, which it has been, do I need to put this?). The claim is for £4999 + costs, is that small track? E Haven't got a clue how long the trial or final hearing will take. G do I put anything? H I don't pay a fee do I?

 

Sorry I don't seem to know how to fill much of it in do I?

[Andyorch]

Post# 15 here MBL done yesterday, edit to suit:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?354548-Carter-and-Arrow-what-s-next

 

Regards

 

Andy

[maybelate]

Hi Andy, I did see the above post, thank you, and have used the main body to complete my AQ, but have a couple of questions:

 

A - Do I also say that I would like to settle the claim before the hearing?

D - Do I mention that I made an application to have the default judgement set aside?

Track - Do I say small claims?

E - How long should I say that I think the hearing will take?

 

Thank you

Maybe

[Andyorch]

Hi Andy, I did see the above post, thank you, and have used the main body to complete my AQ, but have a couple of questions:

 

A - Do I also say that I would like to settle the claim before the hearing? Well you set a side for the reasons of bad service if you accept the debt is correct then the offer of settlement will always go in your favour.

D - Do I mention that I made an application to have the default judgement set aside? No the AQ is present day

Track - Do I say small claims? If less than 5K yes

E - How long should I say that I think the hearing will take? IF SCT then allow 2 hours

 

 

 

Thank you

Maybe

 

Regards

 

Andy

[maybelate]

thanks Andy. The only thing I'm still not sure about it A. I set a side because the claim was sent to a previous address. The debt was in dispute with OC before being sold on, because no-one has been able to produce a copy of the CCA. So really I'm disputing the claim as there is no proof of an agreement? confused

[Andyorch]

Settlement is encouraged in all matters MBL unless of course the debt is not yours and is also considered when the question of costs arises.Accepted the debt is in dispute but the fact is its still your debt at this stage and until they furnish a valid CCA then they will struggle to enforce, irrespective of stating yes or no at A.

 

Regards

 

Andy

[maybelate]

ok thanks once again Andy, think it's all clear now

 

Hi, I have received copy of completed AQ today from the others (Arrow Global) stating that their sols (BC) have backed out and that they will now be dealing with the case. They have supplied a copy of the Application Form for the agreement along with some made up T's and C's (wrong address and charges amount etc). and some statements and they have asked for a one month's stay. On the AQ they have stated that there are no documents attached and that no documents have been sent to me. Any ideas what they might be up to?

[citizenB]

Maybelate, Arrow Global appear to be doing this to all cases we have on the forum. As soon as a defence is put in , they take the account back inhouse for their litigation department to deal with.

 

I think you need andy's input on this.

 

Have they advised the court of a change of solicitor do you know ?

[maybelate]

yes CB they have, there is a copy attached to their AQ

[maybelate]

I rang the court today to make sure they have received my AQ, they have but they say that they haven't received one from AG. I'm not sure whether they have actually sent it to the court because what they say on it doesn't seem to make any sense (no documents attached when they attached docs with the copy they sent to me)

[Andyorch]

As long as they have yours MBL dont worry about theirs they probably wont file it in any case.Keep checking though the later they are the better for you to make application to SO.

 

Regards

 

Andy

[maybelate]

yes, will do Andy and thank you for helping with the AQ and for all of your help.

 

regards

Maybe

[maybelate]

Hi, today I've received a "Standard Order for stay for settlement with consent of all the parties". I didn't request the claim to be stayed though on my AQ. it says:

 

On or before **date** one of the following steps must be taken

 

either

 

the claimant must notify the court that the whole of the claim has been settled

 

or

 

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken toward settlement and identifying any mediator, expert, or other person helping with the process.

 

or

 

all the parties must file a completed AQ at the court. Where a settlement of some of the issues is dispute has been reached, a list of these issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

I'm a bit concerned because nowhere in the order does the judge mention my request for the claimant to provide me with copies of the documents that were requested in the AQ.

 

Any advice on this please?

[citizenB]

Maybe, I will ask andyorch to look in on you.

 

Did you tick the Yes box on the allocation questionairre to agree to mediation ?

 

 

No use speculating. I guess you need to wait and see if the claimant contacts you .. let us know if they do.

 

Let's also see what andy has to say

[maybelate]

thanks CB. No, I didn't tick the mediation box (don't even remember seeing one) but I definitely didn't request a stay. The claimants sent me a copy of their AQ along with a copy of the original Application form for the agreement and some made up T's and C's containing fees stated as £12 (for a 1998 agreement) and incorrect addresses.

[citizenB]

Hmm, does sound a bit of a muddle that is for sure. Anyway, S.O.S has been sent out to andy for you.

 

[maybelate]

thanks again for that CB, I'll wait and see what Andy thinks

[Andyorch]

Hi MBL

 

Its a standard issue response when both parties opt for settlement, this allows opportunity for both parties to narrow the differences and try to avoid further litigation.

Either you approach them or court (ADR) or they may approach you during the stay perid or before **date** to attempt agreement.

Your Draft Directions are still pending so dont concern with that matter and if mediation fails a further AQ is submitted with your Draft Directions.

 

Regards

 

Andy

[maybelate]

Hi Andy,

 

Thanks for answering When AG sent me a copy of their AQ they attached a copy of the Application form for the agreement and some made up T'S ans C's. Do you think it would be a good idea to ask them for the documentation I requested in the Draft Directions again, or would it be best to just sit back and wait to see what their next move is?

[Andyorch]

I personally would wait until round 2 of the AQ is (if) required then you re request your directions.If they fail to comply then they will have to disclose at Standard Disclosure (N265).

 

Andy

[maybelate]

ok Andy, that's what I'll do then. Thank you again for all you very gratefully received advice