Payday UK - claim form received ***Claim Struck Out***

[Zero Tolerance]

Today I've received an allocation questionnaire from Northampton CCBC. Filing date is 5th Nov. What's the best way to fill it in? Do I add more information now or do I simply state that additional information regarding the disputed debt has been denied?

[AndyOrch]

N149 AQ

 

A

Tick 'Yes'

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D

Answer 'One' (that'll be you)

 

E

Tick 'No' and ignore the remainder of section E

 

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest.

 

Unless the Claimant have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest,I will make application for the claim to be 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.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

 

H

Tick 'No'

 

I

Sign, date and fill in your address at which you want documents to be served.

 

Regards

 

Andy

[Zero Tolerance]

Thanks ever so much.

[Zero Tolerance]

I wonder if the claimant is reading this thread as the agreement turned up in the post today, well over a month after I asked for a copy using the CCA. Needless to say it's still the case that the only details that are mine are the name and address. I have yet to send the allocation questionnaire back.

[AndyOrch]

Make sure you submit it on time ZT.

 

Andy

[Zero Tolerance]

Good news! Just got a letter from the court and the claim has been struck out! Hopefully this means the end of all the hassle I've had.

[BRIGADIER2JCS]

GOOD RESULt!

[Bazooka Boo]

Excellent start to the week, well done!

[unclebulgaria67]

Good news! Just got a letter from the court and the claim has been struck out! Hopefully this means the end of all the hassle I've had.

 

Reason for strike out ?

[debbbbsy]

Now you need to be considering a cost order against the claimant.

[Zero Tolerance]

Reason for strike out ?

 

There was no reason given unfortunately.

[AndyOrch]

It may be down to recent changes in the CPR they have probably missed the AQ date

 

 

 

(8) Where a party does not file an allocation questionnaire by the date specified, the court will make such order as it considers appropriate, including –

(a) an order for directions;

(b) an order striking out the claim;

© an order striking out the defence and entering judgment; or

(d) listing the case for a case management conference.

(9) Where a claim is a designated money claim issued in Northampton county court, the claim will be transferred to the claimant’s preferred court or the defendant’s home court as appropriate and the court to which it is transferred will make an order pursuant to rule 26.3(8).

(10) Where an order has been made under rule 26.3(8), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any party who was not in default.

 

 

Well done ZT delighted for you..I will amend your thread title to reflect the result.Lets hope they don't try to make application to set a side.

 

Regards

 

Andy

[Zero Tolerance]

After another read it was struck out because of paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the CPR which is as follows -

 

(2) Annex B sets out some specific requirements that apply where the claimant is a business and the defendant is an individual. The requirements may be complied with at any time between the claimant first intimating the possibility of court proceedings and the claimant’s letter before claim.

[AndyOrch]

If you could post up the Order ZT ( less any identifiable data) for others to view or type out verbatim when convenient.

 

Andy

[AndyOrch]

Is this referred to in your order ZT?

 

Failure by a party to file an allocation questionnaire

 

(2) Practice Direction 26 is modified by substituting for paragraph 2.5 the following –

 

‘2.5 (1) Where a party does not file an allocation questionnaire within the time specified by Form N152, the court will serve a notice on that party requiring the allocation questionnaire to be filed within 7 days from service of the notice.

2.5 (2) Where a party does not file the allocation questionnaire within the period specified in the notice served pursuant to paragraph (1) then that party’s claim, defence or counter claim (as appropriate) will automatically be struck out without further order of the court.’

[Zero Tolerance]

The exact wording is as follows.

 

It is ordered that:

 

The Claim is struck out.

 

This notice is served pursuant to paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules.

[AndyOrch]

Yes as per my post Post#112

[Zero Tolerance]

Yes as per my post Post#112

 

Now I've followed a better link from a Google search you are 100% correct. Awesome! Thank you so much for your help andyorch

[andydd]

Now you should be able to ask for costs in theory as it was pre-allocation and small claims rules had yet to take effect, its worth filling in a summary of costs and sending it to court, you can claim £818 per hour, Im sure others can fill you in on more details (I'm unsure as to how it works now that the case has effectively ended).

 

Now they could ask for a set aside so make sure you are prepared for that, also they could try and attempt the same claim again, make sure if they do you are ready for a quick summary judgment/abuse of process application.

 

Andy

[Old Cogger]

£18.00 [er hour

[AndyOrch]

I personally see little mileage in attempting wasted costs at this stage...lets face it they must be minimal if any......lets not prod the bear they are already licking their wounds...and may force them to react and try a set a side.

 

Regards

 

Andy

[andydd]

£18.00 [er hour

 

ha.oh yeah.. typo..Actually £818 per hour is what I should charge for my amazing litigation skills

[Old Cogger]

£818 per hour would be nice! lol:-)

[Zero Tolerance]

Just when I thought this had gone away. I checked my credit report today and lo and behold the disputed amount has mysteriously appeared. Looks like it was added a few weeks back. I've got Experian's anti-fraud team on the case now.

[BRIGADIER2JCS]

Who has placed the entry?