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

[maybelate]

Yes thank you Andy, that's great, I'll get it sent off a.s.a.p.

 

regards

Maybe

[maybelate]

Andy in Section I do I still say that I intend to make an application in the immediate future? and if I do will it still be the same as before (an order seeking the claimants compliance with information previously requested)?

 

regards

Maybe

[AndyOrch]

Yes you can still state that.

[maybelate]

thanks once again Andy it's done now and I'll send it off tomorrow

[Old Cogger]

What’s that smell?

 

 

Yep what it is??

[DonkeyB]

Yep what it is??

 

It’s the smell of a WiseEagle being sucked into a jet engine.

[Old Cogger]

It’s the smell of a WiseEagle being sucked into a jet engine.

 

 

 

Ummmmmmmmmmmmmmmmmmmmmm!

[maybelate]

Hi Andy. please ignore pm. have found thread now derrrr I have asked the court for the status of the claim and they have said that they received my AQ but haven't received anything from the claimant, and now the claim will be passed to the judge for him to look at again and I should hear from the court next week. Is there anything that I need to do now Andy? or shall I just wait and see what the judge says?

 

regards

Maybe

[Guest]

has the aq deadline passed? if so, and they haven't filed and served theirs in time then would be para 2.5 Practice Direction 51B failure to file aq re amendments to Pract Direction 26 2.5 failure to file aq?. ie poss order to file within 7 days, and if not filed within then auto strike out? so, wait to see what transpires? not quite uptodate with thread so excuse if wide.

Edited October 1, 2012 by Ford

[AndyOrch]

Spot on Ford....tick tock tick tock MBL.

 

 

Andy

[maybelate]

Hi Ford, thanks for the reply, yes the deadline has passed, it was early September. The order asked for the claimant and/or myself to take one of 3 actions (see post #80). I was late filing my Aq too though, I filed it after the deadline but before the end of the stay period. So I need to wait and see what happens now Andy?

 

regards

Maybe

[AndyOrch]

Lets see what the Court directs MBL

[Guest]

#80?

still as per my post i think, see what j orders? (crossed post there )

Edited September 30, 2012 by Ford

[AndyOrch]

Post#86 4th August

 

" 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? "

 

? Did they not submit it to the Court?

[Guest]

oh ok! had thought mbl post #133 was saying that court hasn't received claimants aq!?

[Guest]

.. The order asked for the claimant and/or myself to take one of 3 actions (see post #80). I was late filing my Aq too though, I filed it after the deadline but before the end of the stay period. ..?

 

regards

Maybe

 

#89,92,112?

[AndyOrch]

Ok reading between the lines they sent you a copy of the AQ but not filed theirs with the Court...would appear they have had second thoughts on proceeding ....await the Courts General Order MBL I assume the matter will be struck out.

 

Regards

 

Andy

[maybelate]

sorry, I'm confusing everyone, including myself What actually happened is that the claimant submitted the original AQ on time, and so did I, then the court ordered a period of one month stay and asked the claimant and/or myself to take one of the steps mentioned in post #92 and one of these was to submit an amended AQ, which I did after the deadline but before the period of stay ended. Sorry for the confusion

[AndyOrch]

Ah ok thanks for that MBL, so as the original response, lets see what the next General Order directs.

 

Regards

 

Andy

[maybelate]

Today I have received a Notice of Allocation to the Small Claims Track (hearing). The judge has set a hearing date for later this year and has said that:

 

the parties must send to the court and to each other copies off all documentation upon which they rely and copies of the written statement of themselves and their witnesses (if any). The documents and statements must include

 

1) the credit agreement

2) the default notice

3) the deed and notice of assignment

 

It is important to comply with these directions, failure to do so may result in the hearing being adjourned or the claim or defence being struck out.

 

There is also a paragraph about using the courts mediation service and the claimant has a fee of £325 to pay.

 

Not too sure what to do about this now, is it best to wait until nearer the hearing date and see what the claimant does?

 

regards

Maybe

[AndyOrch]

Nothing to do MBL time for them to put up or shut up...the above is standard Notice of Allocation..follow the dates and post when you need anything.

 

Regards

 

Andy

[maybelate]

ok Andy thank you as always

[maybelate]

Hi, I've received a letter from the claimant saying as follows:

 

"You will note that the hearing date has now been set. In order to try to settle the claim outside of the court and in the hope that further time and costs will not be made necessary we have advised the mediation service that we would be happy to mediate. We have supplied you with copy documentation to evidence our claims as requested and see no grounds for your defence to be successful in the circumstances. In the absence of your agreement to mediation we invite you again to withdraw your defence and come to an arrangement for payment of the debt."

 

The claimant has sent me the documentation that they have which is a copy of an application form, some T's and C's which I believe to be made up and of copy of a letter which they sent to me when they took over the account. The court ordered them to provide CCA, DN, NoA and DoA.

 

Can anyone advise what is best to do about this letter please?

 

thanks

regards

Maybe

[AndyOrch]

Hi MBL

 

Ok agree to mediation then refer them back to the Notice of Allocation and the dJ directions:-

 

the parties must send to the court and to each other copies off all documentation upon which they rely and copies of the written statement of themselves and their witnesses (if any). The documents and statements must include

1) the credit agreement not an application form

2) the default notice Ask were is it?

3) the deed and notice of assignment Ask where are they?

 

Then remind them of the directions again

 

It is important to comply with these directions, failure to do so may result in the hearing being adjourned or the claim or defence being struck out.

 

If they don't/wont comply state that you will make application to strike out their claim...or invite them to withdraw their claim

 

Regards

 

Andy

[maybelate]

Thanks Andy, I'll get the letter off to them today.

 

regards

Maybe