Court Claim MKDP old HSBC debt***Claim Struck Out***

[Ganymede]

The Notice of Proposed Allocation to the Multi Track is what is headed up on the letter (form N149C) that came with the N181 for us to fill in and file by 6th January.

 

We also received a copy from MKDP and they have attached a load of stuff on the back saying the Judge has ordered things but there's no dates so not sure what that is? We are panicking a bit because we really are not too sure what we're doing. Mum-in-law is dying as we speak... that's stressful enough without having to worry about this as well! We also can't see how we're meant to go to Northampton Court... can we request a Court nearer to home? Feeling very scared and frustrated by this.

 

 

 

Ok due to the large size of the claim it is being allocated to the multi track. You have a chance to ask for it to be fast track in the Directions Questionnaire but as the debt is over £25k multi track would be the norm.

 

Don't worry about the Court location either, you can also ask in the DQ to have the claim transferred to your local county court.

[Ganymede]

I forgot to add, does the notice from the court also order you to file a Costs Budget with the DQ?

 

This is where things may get tricky so read the Civil Procedure Rules regarding Cost Budgets (CB).

 

Failing to file a CB on time can have very serious consequences regarding your costs of defending the claim. Read up on the recent case of Andrew Mitchell MP v News Group Newspapers Ltd [2013] EWHC 2355 (QB).

[factor59]

HI, Ganymede, thank you for your responses... the Notice from the court doesn't mention costs. It says something about if we believe this is not suitable for multi track we must complete box D2 and explain why. MKDP have put in their attached Draft Directions that it should be ordered to Fast Track but they haven't put anything in box D2 - then again, they don't seem to think they need to follow any legal rules as they obviously have total disregard for any rules! How we're supposed to mediate when they can't even be bothered to send us the full details of the claim, does seem a bit pointless! Anyway, we're off to the care home again today...mum is hanging in there but she is going downhill... We think we need to get this in post by tomorrow morning in order for it to be on the desks at Court and MKDP by MOnday 6th.

[Ganymede]

HI, Ganymede, thank you for your responses... the Notice from the court doesn't mention costs. It says something about if we believe this is not suitable for multi track we must complete box D2 and explain why. MKDP have put in their attached Draft Directions that it should be ordered to Fast Track but they haven't put anything in box D2 - then again, they don't seem to think they need to follow any legal rules as they obviously have total disregard for any rules! How we're supposed to mediate when they can't even be bothered to send us the full details of the claim, does seem a bit pointless! Anyway, we're off to the care home again today...mum is hanging in there but she is going downhill... We think we need to get this in post by tomorrow morning in order for it to be on the desks at Court and MKDP by MOnday 6th.

 

 

 

Ok that's good then, as long as you're sure it doesn't mention a Costs Budget anywhere in the Order.

[Ganymede]

I would read the CPR regarding Costs Budgets and consider filing one anyway if the claim was issued after 1st April 2013.

[mjt2013]

I would read the CPR regarding Costs Budgets and consider filing one anyway if the claim was issued after 1st April 2013.

 

I agree and would add that it's well worth understanding the new costs rules and procedures now in any event because a lot of judges and lawyers are struggling with adapting to the new rules and so you may want to have a clear idea of what you do and don't need to do in case anyone alleges you've not followed the rules.

[factor59]

OKay, mother passed away last night - peacefully - so now we need to organise funeral etc - but remembered to send off the N181 to the Court and to MKDP today, registered post, so now just wait and see? We are not sure if we have done everything right but sure we'll soon find out? We didn't have time to research any more - so what will be will be. Thank you everyone who has contributed assistance. Once the Court date is set we might need help with compiling the defence pack??

[AndyOrch]

Our sincere deepest condolences from the Site Team on CAG factor. Lets resume this when you are ready.

 

 

Regards

 

 

Andy

[Ganymede]

OKay, mother passed away last night - peacefully - so now we need to organise funeral etc - but remembered to send off the N181 to the Court and to MKDP today, registered post, so now just wait and see? We are not sure if we have done everything right but sure we'll soon find out? We didn't have time to research any more - so what will be will be. Thank you everyone who has contributed assistance. Once the Court date is set we might need help with compiling the defence pack??

 

 

 

 

Sorry to hear of your loss.

 

It's not the end of the world you not filing a Costs Budget it just means you can't recover your legal costs and disbursements but doubt you'll have any really.

[factor59]

Thank you for your condolences - funeral is on 30th January..

 

This morning received from CCBC a N24 - Standard Order for stay for settlement with consent of all the parties.

 

Says on or before 27 January one of the following steps must be taken:

 

either the claimant must notify the court that the whole of the claim has bee settled;

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

or all the parties must file a completed directions questionnaire at the court.

 

We're not sure what to do now? We still haven't received any documents from MKDP giving us any details of where they think this money is owed from... they haven't replied to our CPR request or the S78 request.

 

Can someone please help?

 

Thank you

[AndyOrch]

Standard reply once you have submitted your DQ....either mediate in the time allowed or just wait for the claimant to see if they wish to proceed...check they have paid the allocation fee with the court.

 

 

Re CPR/Sec 78 they don't have to disclose pre allocation...the judge may/will request this in his directions if the claim is to proceed.

 

 

Regards

 

 

Andy

[factor59]

Help! We have now received a Notice of Allocation to the Fast Track and it stipulates that all parties must consider settling by any means of alternative dispute resolution but we have never received any reply to our request for more information on a bank account that we know never existed - (it was a credit card!) So, please, please, please can someone help us. We have no idea what to do next.

[AndyOrch]

What are the courts directions factor59?...Timeframes.

 

Andy

[factor59]

Hi Andy,

we have until 2nd April 4pm to give each other standard disclosure of documents by list.... have no idea what this means as we have no documents.

by 4pm 16th April any request must be made to inspect the original of, or to provide a copy of, a disclosable document

 

evidence of fact - by 4pm 30 April we must serve copies of the signed statements

 

9th July pre trial checks must be sent

trial window between 4 - 22 August

 

We are going on holiday (caravan in scotland) on 3rd April until 12th April, so need to try and get everything done by 2nd really... but we honestly don't know where to begin.

 

We still maintain that this is a credit card not a bank account or overdraft and therefore not sure where they're getting the info that it is a bank overdraft from?

[AndyOrch]

Dont worry we will walk you through it just bump your thread as the dates approach...in the meantime familiarise yourself with the N265...this is how standard disclosure is completed and exchanged.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n265-eng.pdf

 

Regards

 

Andy

[factor59]

Hi Andy

Thank you - just took a look at a sample N265 but even more mystified now because we don't actually have any documents to disclose?

[AndyOrch]

Disclosure by Defendant is minimal but you will have some disclosure.... CPR 31/Section 77/78 and responses and anything else referred to within your Defence and Witness Statement.

[mjt2013]

Be mindful that when you come back from holiday you'll only have a few days to request any documents the other side have listed so you'll want to get on to that ASAP once you return.

[factor59]

Help - the Order from the Judge for disclosure has come from one court but the Notice of Allocation has come from a different one - so which one do we quote on our N265?

 

Also, we have downloaded the form N265 but we're not really sure what to do next. The Claimant has not responded to any of our requests for documentation nor replied to either CPR 31 or section 77/78 letters. All we have in our possession is a July 2008 Default Notice that very clearly states it is for a Credit Card. Should we mention this or continue to play dumb? They are insisting this is a debt for a bank account overdraft facility.

 

Is there a template copy amywhere of how to fill in the N265?

 

Thank you

[AndyOrch]

You do not return the N265 to the court its between you and the claimant...so you exchange between yourselves.

 

There will be very little for the defendant to disclose.....any dispute letters and responses copies of CPR requests and responses CCA request and response.

Any other document referred to within your defence or you intend to rely on in your Witness Statement.

 

The only part you as the defendant complete is the top part court (local county court claim number etc.) tick defendant then complete the box under the signature & date.

 

 

I have control ........list your docs.

 

Regards

 

Andy

[factor59]

So, like this

 

1. CPR 31.14 Request letter dated blah

2. Proof of posting voucher from Post office dated blah

3. Section 77/78 letter dated blah

4. Proof of posting voucher from Post Office dated blah

5. Defence Statement submitted on blah

6. Witness statement

 

Then we send the N265 to MKDP and go on holiday and expect a similar thing from them for whan we get back? Presumbably, that's when it will start to get more interesting, particularly as we cannot see how they can possibly have any proof that we owe this money - my partner thinks the credit card was originally sent out, completely unsolicited and definitely never signed for.

[AndyOrch]

Yes thats all you do ...when you receive theirs you request copies of any document you wish to see and they visa versa and then both parties exchange the documents by the date stated within your Notice of Allocation time table.

 

Andy

[factor59]

Good morning.

We're back from a very wet holiday - it rained the whole week but that's to be expected, we went to Scotland!

 

It was beautiful though, so not complaining.

 

we returned to expect a Disclosure list from MKDP but there is nothing, nada, zilch! So..

 

. we are supposed to request sight of documents for examination by 14th April

but if we have no idea what is on their list,

 

we can hardly request sight?

 

Is there something we can do to 'report' this to the court

 

or do we chase them for their N265 list?

 

I am off work next Sunday so will spend the day looking through other threads but in meantime

 

 

, if anyone can suggest what we do next,

 

I'd be grateful. Thank you

[AndyOrch]

You now need to make application (N244) Factor informing the Court that the claimant is ignoring their directions and ask them to issue an order either to comply or strike out their claim.

 

Regards

 

Andy

[factor59]

Got an Order from the Court (of its own initiative without a hearing) that the claim be struck out without further Order because they hadn't complied with the original Order. Yay!

Thank you Cag Forum for all your help, particularly Andy and as soon as we have some spare cash, we will be sending some to cag. This site is brilliant. Thank You