Blake Lapthorn Northampton Court - Urgent

[DARCYS]

Thank you for the guidance, Ganymede. What's confused me is under section B it says:

 

Location of hearing The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? If yes, say which court and why

 

Do I ask in this section for it to be heard at my local court i.e. YES and then write the name of my local court?

Sorry for asking but I think when you overthink these simple questions it appears very complicated.

 

Kind regards

D

[Ganymede]

Yes write the name of your local Court and put the you are a litigant in person and would have to try an unreasonable distance etc etc.

[DARCYS]

Help, Help, Help, Please!

 

I'm really sorry but hot on the heels of my allocation questionnaire I received a letter from Arrow - (hopefully) the link below shows this. This has totally confused me....they've commenced litigation and we're now pretty deep in to their process, I think, and this communication just doesn't make sense to me:

 

 

There was also this attached as the back page:

 

 

Some of the information in the first letter seems very wrong to me i.e. last payment date to the account, notice of assignment which they say they have enclosed a repopulated copy of the same & there isn't anything enclosed other than the above documents.

 

Please can someone knowledgeable give me some advice - this is hanging like a dark cloud above me again. I'm not sure what they're asking me to do.

Do I call them?

Do I continue with the allocation questionnaire?...ho hum

 

Many thanks in advance.

Kind regards

D

[DARCYS]

Please....can anyone advise me as to what I should do?

Kind regards

D

[DARCYS]

Bump...please..

[dx100uk]

might be better if you PDF those documents

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[caro]

They've changed solicitor so any correspondence is with the new solicitor.

 

More importantly, they have told you they acquired the debt, but so far there is no paperwork to prove there is a debt from the original creditor. This is good news!!

 

Just carry on and get the AQ in on time, sending a copy to the new solicitor.

[citizenB]

Help, Help, Help, Please!

 

I'm really sorry but hot on the heels of my allocation questionnaire I received a letter from Arrow - (hopefully) the link below shows this. This has totally confused me....they've commenced litigation and we're now pretty deep in to their process, I think, and this communication just doesn't make sense to me:

 

 

There was also this attached as the back page:

 

 

Some of the information in the first letter seems very wrong to me i.e. last payment date to the account, notice of assignment which they say they have enclosed a repopulated copy of the same & there isn't anything enclosed other than the above documents.

 

Please can someone knowledgeable give me some advice - this is hanging like a dark cloud above me again. I'm not sure what they're asking me to do.

Do I call them?

Do I continue with the allocation questionnaire?...ho hum

 

Many thanks in advance.

Kind regards

D

 

This is simply notice of change of solicitor, as advised, you need do nothing other than return your Allocation Questionairre on time.

 

Quite a few Claimants use a "proper solicitor" to issue the Letters before Action and the actual claims.. If a defence is submitted, which you have done, they take the account back "in house" using their Litigation teams as it is cheaper.

[DARCYS]

Hi dx100u0k, Citizen B & Caro - many thanks for your replies & advice.

Hopefully, the images are showing up a little better now.

 

I have just opened another letter from Arrow which came yesterday.

It says:

 

We write further to the above, please find enclosed a copy of the allocation questionnaire filed in this matter by way of service on you.

We urge you to contact us directly in a bid to resolve the issues and save further recourse to court proceedings, and the unnecessary occurrence of further time and costs by all parties

Telephone the number below to make arrangements to pay your debt

 

Do I just ignore this letter & carry on completing my allocation questionnaire or am I better to give them a call to try to find a solution directly with them?

 

I'm muddled.

 

They have included a copy of their allocation questionnaire - why would they do this?

 

Kind regards

D

Edited April 8, 2013 by citizenB

[Ganymede]

They have to send it to you, just as you will have to send your AQ to them.

[DARCYS]

Sorry to be dumb, Ganymede - don't I return the allocation questionnaire to the court at Northampton?

Kind regards

D

[Ganymede]

Both.

[DARCYS]

Thank you for clarifying

[DARCYS]

Does anyone think I should ring them tomorrow? And if so, what should I be saying/asking?

 

I would prefer not to have to go to court, but respect the advice given on CAG more, so will do as I'm advised.

Thank you

Kind reagrds

D

[MrHat]

I wouldn't call them personally. I would file you aq as planned.

 

Still a good chance that this will nor end up in court if played correctly.

 

There will prob be more people around to help you tomorrow. It's often a bit quieter on here at weekends.

[DARCYS]

Oh, thanks, Mr. Hat. I will definitely be back tomorrow in the hopes of some help with the AQ.

 

I have managed to fill in the first three parts - go me - but feel like I mustn't put anything wrong or lacking, so have held back from going any further.

 

One last question. Under 'other information' on the AQ - should I be writing something in this box?

Also, am I meant to be issuing any requests to AG for proof of documents that I don't have as mentioned in my filed defence?

 

Many thanks & kind regards

D

[AndyOrch]

Hi Darcys

 

Take a read here with regards to the last part of the AQ :- http://www.consumeractiongroup.co.uk/forum/showthread.php?384357-Claim-Issued-by-1st-Stop-Financial-PDL-Company/page4

 

Regards

 

Andy

[DARCYS]

Hi Andy - always good to see you...

 

I've read the link & am drafting my little bit to put in section G.

 

In the interim, please could you give me your thoughts on the letter which they sent to me after the copy of their aq?

It urges me to -

'contact us directly in a bid to resolve the issues and save further recourse to court proceedings, and the unnecessary occurrence of further time and costs by all parties'

 

Is this something I should be doing?

 

Please ignore the attachments below - I don't know how to delete them!

 

Kind regards

D

[citizenB]

 

The particulars of claim read:

The Claimants claim is for the sum of £4320.25 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and MBNA and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The defendant has failed to make payment in accordance with the terms of agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. AND the Claimant claims the sum of £4260.57 TOGETHER with the costs of this claim.

They are also requesting £85.00 court fee and £80.00 solicitors costs

 

I do have a debt to MBNA, and I haven't paid anything for probably eight months.

I knew there were large amounts of charges in this debt - perhaps £800.00 or so, and had sent a letter to MBNA asking that they returned these monies. I heard nothing, and hoped this might go away until I was back on my feet financially. I'm self-employed.

 

I do have some records from MBNA because I have statements that I requested and the original credit agreement, I think. but I don't seem to have a copy of an assignment of any sort.

 

 

I am a little confused, the claim above, in the first sentence, suggests the claim is for the sum of £4,320.25.

 

Then further down they say "AND the Claimant claims the sum of £4260.57 TOGETHER with the costs of this claim" which is £59.65 LESS than the first figure.

 

I note that your defence is based on the lack of compliance with an s78 request (non compliance with agreement) and the fact that you have not received a Notice of Assignment. Wasn't there a problem with the Default Notice as well ? I cant recall.

 

I notice the charges applied to the account are far in excess of the claim being made against you.

 

andy, would it be an idea to mention the comments above in Section G of the AQ ?

 

Darcy, what date does the AQ need to be returned by ?

 

Please let us see what you intend to put in Section G "Any other information" before submitting.

[DARCYS]

Oh, CitizenB - this is my fault...totally, I'm so sorry.

 

Please ignore those first figures - I was in such a state when I first started with this (I'm only half a state now )

 

The correct figures are:

 

Amount claimed: £4260.57

Court Fee: £85.00

Solicitor's Costs: £80.00

Total Amount: £4425.57

 

I'm sorry to have wasted your time on the calculations - I hadn't noticed my faux pas.

 

The allocation questionnaire must be completed by the 15th April. But I'm away from Friday (12th), so will need to give myself time to get to the post office by Friday. In an ideal world I would like to be posting this on Wednesday (10th) as my anxiety is affecting my work.

 

Thank you CitizenB for all the help you give me.

Kind regards

D

[DARCYS]

CitizenB - I meant to say - I do have a default notice from MBNA, but I can't say if there's anything wrong with it. But I don't have a notice of assignment.

I will, of course, post up my copy for Section G for everyone to cast their expert eyes across.

 

Originally, I had problems with the programme for the calculation of interest on the charges, so Mr. Hat did his calculations with a 24.99% interest rate & this brought my original charges (£810) up to

£5 208 09

 

However, he felt I should adjust the interest rate to bring the amount below £5 000.00 and keep it within the small claims limit.

 

Should I be mentioning this in my section G?

 

Thanks as always

D

[AndyOrch]

It is a standard response and accepted approach to try to mediate throughout the process and particularly up to AQ.Whether you wish to reciprocate or ignore and proceed is your choice.

 

Regards

 

Andy

[citizenB]

Oh, CitizenB - this is my fault...totally, I'm so sorry.

 

Please ignore those first figures - I was in such a state when I first started with this (I'm only half a state now )

 

The correct figures are:

 

Amount claimed: £4260.57

Court Fee: £85.00

Solicitor's Costs: £80.00

Total Amount: £4425.57

 

I'm sorry to have wasted your time on the calculations - I hadn't noticed my faux pas.

 

The allocation questionnaire must be completed by the 15th April. But I'm away from Friday (12th), so will need to give myself time to get to the post office by Friday. In an ideal world I would like to be posting this on Wednesday (10th) as my anxiety is affecting my work.

 

Thank you CitizenB for all the help you give me.

Kind regards

D

 

Hey, no worries.. I just thought I had found something that could have created some problems for them..

[DARCYS]

Hi guys, I'm sorry for my absence...this week I have had some very bad news. And then I lost a work contract. And now here I am at the eleventh hour...again. Still not sure what I should do.

 

Do I speak to Arrow or just press on with the AQ?

 

Please could someone tell me what they feel is best?

Thank you so much

Kind regards

D

[DARCYS]

Sorry. If I were to speak to Arrow, what should I be expecting them to do now this process is well underway?

And do I still have to submit the Allocation Questionnaire?

 

I don't think I have the backbone for all this.

 

Kind regards

D