Unwilling to refund

[saintly_1]

It will come with the notice of transfer from mcol to your local court

[pov]

I have had Notice of transfer and copy of their defence . should i start preparing court bundle now .have read thru some previous threads and some points of defence are same as mine some different .tis all gobbeldygook to me . Am i the only one that feels like this ???

[saintly_1]

No your not the only one .......

 

Can you please post the first 2 points of B's defence

 

Hold off on your court bundle until you have directions from the Court

[pov]

1.the particulars of claim do not provide details of particulars of account in question and/ or the precise charges alleged to have been unlawful or the date thereof. futhermore give no recognisable cause of action ,nor is there sufficient material to enable bb to serve more than a bare denial of liabilty as a defence. the statement of case would appear to be an abuse of process and/ or will obstruct the just disposal of the proceedings and does not appear to comply with CPR r16.2.

2.the defendant requests an order that claim be struck out pursuant to cpr r3.4as it does not disclose reasonable grounds for bringing a claim and is an abuse of the courts process.

 

mmm in other words i'm rubbish at this

[saintly_1]

Send a copy of your SOC's to the court and B's lit team with a covering letter asking for them to be added to your file

[pov]

my payment date for money claim online was 21/06/07 then posted soc's to court manager and litigation dept on 28th recorded delivery court never received so resent 06/07/07 both received . do i send again ?

[pov]

by way twas charge spread sheet from money saving expert

[saintly_1]

Yes

[pov]

thank you i'm onto it rightaway . did their points seem pretty standard or have i not filled out claim form quite right ?

[dar£n]

POV if im not mistaken [it may have been updated since] but last I heard the spreadsheet from ML does not update itself.

 

to find out, has the amount increased since you started?

if you dont know, make a note of it today and then check tomorrow.

 

if it doesnt, it would pay you to complete the spreadsheet from here.

[pov]

can someone direct me to spread sheets . tried but can't seem to open thank you

[saintly_1]

have you got microsoft word ? if not you may need to get this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/2004-free-alternative-excel.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[welshcakes]

CAG spreadsheets:

 

Simple Spreadsheets =

Excel

Works

OpenOffice

 

Advanced Spreadsheets (if your claim includes Contractual Interest) =

Excel

Works

[pov]

hi not been on in a while no access to net before now . do i still send off copies of soc's even tho had notice of stay ? ( by way have microsoft word now and exel tho havent tried yet ) also the business account case that i handed in at local court has just sent me an allocation questionaire which must be returned by tomorrow YIKES is this normal given what is happening at mo ?

[saintly_1]

Who did you receive notification of a stay from ?? Barclays or the court ? If its Barclays then you carry on a s normal until you hear fom the courts.

 

And yes it is still normal to receive an AQ as not all cases are being stayed at the moment it is upto the court to decide whether they accept the stay request from the banks .

 

Until you hear from the court itself then you assume your claim is continuing and comply with all requests from the court

[pov]

my notification of stay for personal account was from the courts so will sit on it for now . the closed business account case which ifiled in local court is the one thats sent me allocation questionnaire which has to be returned tomorrow along with another £100 . am gonna attempt to complete now.

[pov]

oh my lord can anyone help . have trawled thru forum reading threads and still can't make head nor tail of what to write in section G form N149. only just received as went to wrong address and needs to be returned tomorrow. can't see for looking and think i'm gonna have to give up. off to bang my head against a wall ?? will come back later when calmer .

[slick132]

Hi pov,

 

If you're there, we'll get the N149 AQ nailed no probs.

 

Slic

[slick132]

In box G write:-

 

Please find the following attached to this Allocation Questionnaire -

1) Section G - Other Information.

2) Draft Order for Directions

This claim is for the return of bank charges taken from my business bank account.

A copy of this AQ and it's attachments are being sent to the Defendant on 17th September 2007.

Back in a mo with the rest.

 

Slick

[pov]

hi i'm back but no calmer have managed to find template but think it for form 150 not 149 and don't know what to do with it anyway

[pov]

thank you will keep online and wait for you

[slick132]

Pov,

 

Add in your dets and print 3 copies of this -

 

Pov -v- Bank Plc

Claim No:*******

 

 

N149 Allocation Questionnaire

 

 

Section G - other information

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

Pov, This comes from the link here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

One more to follow, Slick

[slick132]

Pov,

 

Use the same link above and print off 3 copies of the Draft Orders for Directions in post #2.

 

Your AQ should now be ready with 3 added pages - 1 from post #72 and 2 pages of the Draft Directions.

 

Come back with any questions.

 

Slick

[pov]

i really don't understand it feel braindead i'm sorry .have printed off 3 copies with my details . gotta pop out for half hour then hopefully have clearer head to read to submit tomorrow . thanks slic

[slick132]

Hi Pov,

 

Hope you haven't "popped out" to the pub - you need a clear head!

 

If you read thro what I've set out, it should be clear IF NOT, post back and I'll look out for you.

 

I've sent you a PM (private message) to read as well .

 

Slick