Hoist/Cohen - Claimform old Cahoot flexi loan from 2001***Claim Discontinued***

[AndyOrch]

Court or the claimant wont agree those Directions....the Court orders when and what must be disclosed....and you certainly do not offer to submit an amended defence...unless you wish to fork out a further £155...?

 

Directions are with regards to the court time table and procedures....not disclosure of documents.

[AndyOrch]

Oooops cross posts Ganymede

[billyrayvalentine]

Ok thanks for the feedback. I am confused what to send in now, as this was an amended version of a DFOD by forumite "The Mould".

Is there a template i could alter? I looked at the one from Post #79 on the other thread, and that is Draft Directions and not Draft order for Directions.

[Ganymede]

that is Draft Directions and not Draft order for Directions.

 

Same thing.

[billyrayvalentine]

Ok?

 

In the XXXXXX County Court

 

Claim number XXXXXX

 

 

Between

 

 

 

XXXXXXXX - Claimant

and

 

XXXXX - Defendant

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
  

 

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
  

 

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
  

 

• d) Copies of decided cases and other legal materials to be relied upon.
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
  

 

• b) Whether such charge is accepted to be a penalty, and if not why not;
  

 

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
  

 

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
  

 

• e) Any witness statements.
  

 

• f) Copies of decided cases and other legal materials to be relied upon.
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[Ganymede]

No there's still no progression of the case. Read the link I posted.

 

Also, remove all the stuff about the claim being struck out at every opportunity.

[billyrayvalentine]

ok thanks

[AndyOrch]

Ok thanks for the feedback. I am confused what to send in now, as this was an amended version of a DFOD by forumite "The Mould".

Is there a template i could alter? I looked at the one from Post #79 on the other thread, and that is Draft Directions and not Draft order for Directions.

 

Same thing.

 

Not......Thats were you are going wrong...this is draft directions for the DQ not draft order for an application.

 

Regards

 

Andy

[Ganymede]

Tomato, tomatoe.

 

The OP needs to read post 79 in that link you provided and copy those Directions.

[billyrayvalentine]

Tomato, tomatoe.

 

The OP needs to read post 79 in that link you provided and copy those Directions.

 

I will do that.

 

On another point, how long do these cases take to come to a conclusion? I'm guessing it may be next year before a court hearing.

Furthermore, what's the most likely stage, if any, that the claimant throws in the towel (no cca/cpr response)?

[AndyOrch]

Depends ...once you submit your DQ you should have Directions and a trial date within 2/3/ months.All depends on the claimant... claim.. the amount and the circumstances...not all discontinue.

[billyrayvalentine]

My claim has been transferred to my local court, and I am waiting for the judges directions included in the notice of allocation.

 

Another question: Do I and the claimant both have to attend court on the day? or is it unlikely you wont win if you dont attend?

[Ganymede]

Both Parties much attend the hearing.

 

If you fail to attend it is very likely you'll lose.

[billyrayvalentine]

My claim has been stayed until 4th July, to allow parties to try and settle the claim outside of the court.

 

What does this involve exactly? As i havent had my CCA/CPR request honored yet?

[AndyOrch]

It means mediation (ADR) Alternative dispute resolution ..you ticked mediation on the DQ ? Stay for 2 months?

[billyrayvalentine]

I didnt tick that box for a stay on my DQ, will have to check if the claimant did it.

 

Is there a good thread on ADR, as i am unsure do i contact the solicitor/claimant/court or do they contact me?

 

It means mediation (ADR) Alternative dispute resolution ..you ticked mediation on the DQ ? Stay for 2 months?

[AndyOrch]

In the Financial Stickys.......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

 

Either party can initiate...be wary that this is Fast Track...so you/they are liable for paying for it...mediation is only offered free in Small Claims Track

[billyrayvalentine]

Ok thanks.

 

What i intend to do is send a couple of modified letters (http://www.consumeractiongroup.co.uk...trike-out.html) and make a low pre-court Full&Final offer just before the deadline.

Thoughts?

 

In the Financial Stickys.......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

 

Either party can initiate...be wary that this is Fast Track...so you/they are liable for paying for it...mediation is only offered free in Small Claims Track

[AndyOrch]

That thread is a little outdated and irrelevant IMHO...the claim is not stayed....but by all means try to negotiate a settlement...without prejudice

[billyrayvalentine]

Ok, I will do a F&F letter. Should i CC it to the court too?

 

That thread is a little outdated and irrelevant IMHO...the claim is not stayed....but by all means try to negotiate a settlement...without prejudice

[AndyOrch]

Ok, I will do a F&F letter. Should i CC it to the court too?

 

No...its between parties...without prejudice save as to costs

[billyrayvalentine]

Thanks Andy. I will get the F&F off and update if i hear anything.

 

No...its between parties...without prejudice save as to costs

[billyrayvalentine]

Thanks Andy. I will get the F&F off and update if i hear anything.

 

Sent F&F and got a reply, the claimant isnt interested and wants the full amount . Think our negotiations out-of-court have ended now. Going all the way.

[billyrayvalentine]

***Update***

 

Got a letter from the court, confirming allocation to fast track.

 

I have roughly 2 weeks to request "standard disclosure of documents by list".

 

What do I request from them? Furthermore, do I have to send a copy of every letter to the court, or just the claimant?

 

Thx

[dx100uk]

anything you have already asked for

like the SIGNED agreement T&C's DN TN etc etc

like what you wanted in you CPR list and the CCA.

 

 

dx