Blake Lapthorn Northampton Court - Urgent

[caro]

If you decide to phone try and record the call. What would ypu want to say to them? Don't be rushed to make any decisions. Tell them you need time to think about it and ask them to confirm in writing or by email so you are clear what's on the table.

 

Unless you reach an agreement before the aq is due and the case is discontinued, you will need to stick to the deadline, so I'd advise that you crack on with it.

[DARCYS]

Hi Caro,

Thank you for your guidance - I appreciate it.

I think I'll need to continue with my AQ as I go away on Friday and will need to have posted it before then. I probably can't rely on them to come to a swift conclusion.

 

Will the court mediation service definitely happen, and will this avoid needing to go to court, do you think?

 

Thanks so much for your help.

 

Kind regards

D

[DARCYS]

Morning. Please find below my Section G for the AQ (thank you Andy & Mr. Hat). This is plagiarism at it's very best!

 

I'd really appreciate it if someone could cast their expert eye over it and offer some feedback:

 

'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet.

The Claimant has failed to file and serve upon the Defendant fully particularised Particulars of Claim as requested by the Defendant, nor established any legal right to issue a claim or proven that any debt exists.

Moreover, the Defendant avers that the sum demanded by the Claimant is entirely composed of penalties and charges (for administration fees, late payment charges and penalty charges). It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges - if incurred - accurately represent sums lost by the Claimant by reason of late payment'.

 

If I can fit that in the box it will be a minor miracle.

 

Thanks for any help.

Kind regards

D

 

 

 

 

Edited April 11, 2013 by DARCYS

[DARCYS]

Please...is anybody there?

D

[citizenB]

I don't think the inclusion of penalty charges in a Notice of Assignment renders the agreement unenforceable.

 

If they were included in the Default Notice that could make it questionable (even invalid) as they can only demand genuine arrears in a DN, and default/penalty charges are not genuine arrears.

 

HTH

[DARCYS]

Thanks so much CitizenB - I will edit it accordingly. Could you pop by again & check it over for me (sorry)?

Kind regards

D

[DARCYS]

How's this now?

D

 

 

'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet.

The Claimant has failed to file and serve upon the Defendant fully particularised Particulars of Claim as requested by the Defendant, nor established any legal right to issue a claim or proven that any debt exists.

Moreover, the Defendant avers that the sum demanded by the Claimant is entirely composed of penalties and charges (for administration fees, late payment charges and penalty charges). It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges - if incurred - accurately represent sums lost by the Claimant by reason of late payment'.

 

If I can fit that in the box it will be a minor miracle.

[citizenB]

Much better

[DARCYS]

Thank you kindly, CitizenB.

 

I think of you as a CAGGA - Consumer Action Group Guardian Angel. Please know you are appreciated.

 

I'm off to try and fit this lot in this 'ere box.

 

Kind regards

D

[DARCYS]

One last thing - obviously I don't need to pay a fee as a defendant. So, am I ticking Yes or No in section H Fees?

 

I am being such a pedant, aren't I?

 

Kind regards

D

[citizenB]

**blush**

[citizenB]

Yep, you don't have to pay any fees.. they do. So tick NO

[DARCYS]

All done & posted Special Delivery. I hope I didn't mess anything up - you know that feeling after it's too late when you think something was totally wrong...I always get that feeling. And have now.

I sent a copy of the AQ to Arrow too, but just regular mail.

 

I go away on Friday, and have included my dates for being away on the AQ. Obviously, I won't be able to open any post, so hope nothing essential comes whilst I'm not here.

 

What should I expect to happen next in everyones' experience?

 

Many thanks.

Kind regards

D

[citizenB]

Once the court has received both AQs, they will most likely advise a court date.

 

The court could on their own initiative decide that the claim is suitable for mediation so may advise that first.

[DARCYS]

Thanks Citizen,

I will update when I hear anything further.

 

Kind regards

D

[DARCYS]

Hi everyone @ CAG,

 

I'm back from being away and was expecting to have received something in the post from either the court or AG. However, I haven't received anything at all, and didn't have any answerphone messages either.

I have checked my MCOL & it doesn't show any updates from when I submitted my defence back in February.

 

Should I be calling someone at this point or sitting tight? Have I allowed enough time, I'm wondering?

 

Many thanks in advance.

Kind regards

D

[caro]

Early days yet I think.

[citizenB]

If you are concerned, you can telephone Northampton and just ask the status of the account. It seems to me as though it is currently stayed, the claimant having not advised the court if they want to proceed or not.

[DARCYS]

Many thanks for your replies, Caro & Citizen.

I might give Northampton a ring & check the status...more likely - I'll bury my head in the sand & pretend it's all gone away.

 

I'll update as I hear anything.

 

Kind regards

D

[MrHat]

No harm or risk phoning the court Darcy just to find out the status of the case and latest correspondence on file. I did it all the time to the point they seemed a bit peed off with me!!

[citizenB]

No harm or risk phoning the court Darcy just to find out the status of the case and latest correspondence on file. I did it all the time to the point they seemed a bit peed off with me!!

 

I had a claim issued against me in 2009 which the claimant has not moved forward .. I telephone the court every 3 months

[DARCYS]

Hi lovely caggers - I hope this finds you all well...all was quiet here until...

 

I have received a letter from the court advising that my case is stayed "to enable the parties to attempt settlement".

 

Very quickly on the back of this I have received a letter from AG which says -

 

You will note that the claim has now been stayed by the County Court in order for the parties to negotiate.

In order to try and settle this claim outside of 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. This is a free independent service and we hope that you take the same view.

 

They then give my local mediation service telephone number and also their number to make arrangements to pay your debt (?) I was not given the mediation number they have provided on any of the court correspondence but have checked that it it legitimate.

 

Now I'm not sure what to do.

Do I need to get in touch with this mediation service too by telephone? Or do I write to AG? Or write to the mediation service (I don't have an address)?

I'm not sure how to proceed and would welcome any advice and guidance as always.

Thanks in advance

Kind regards

D

[citizenB]

There is no harm in making contact with the Mediation service, Darcy. When you telephone, they will advise what needs to be done and how.

[DARCYS]

Thanks Citizen - you're always so helpful & I appreciate it.

 

I'll give a call to the mediation tomorrow and post back what they say.

 

In the meantime do I need to be in touch with AG via post requesting any of the information that hasn't been forthcoming to date and that my defence was based on?

 

Does anybody know of any mediation threads on CAG that they could point me in the direction of please?

 

Kind regards

D

[citizenB]

So they haven't responded to your CPR 31.14 request for documents ?

 

This would be one of the things you would need to mention during the mediation call.

 

I will ask andyorch to look in.