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Moon phases


Small Claims Track Questionnaire

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Small Claims Track Questionnaire Empty Small Claims Track Questionnaire

Post by geordiedal on Fri Jan 10, 2020 4:21 pm

Hi i have sent the three letters and the Estoppel to lowell solicitors ltd .
they have taken me to county court so i have sent in the defense template letter .
the county court have now sent me a Small Claims Track Questionnaire that they state has to be filled in and returned.
question C1 states do you agree Small Claims Track is appropriate YES or NO if NO please say why not and state the track to which you believe it should be allocated,
im unsure what to put in the reply and dont want to mess my self up in this box any help would be much appreciated.

Regards Geordiedal

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Post by waylander62 on Sat Jan 11, 2020 12:22 am

what is the approximate amount of the claim ?

using a defence template concerns me ?

what have you requested and what have they provided ?

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Post by geordiedal on Sat Jan 11, 2020 1:33 pm

IN THE COUNTY COURT BUSINESS CENTRE
Case No.
LOWELL PORTFOLIO I Ltd

Vs

of the family name

Defence
The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £1000  

III. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

IV. Show how the Claimant has the legal right / Absolute Assignment (as defined by Section 136 of the Law of Property Act 1925) to issue a claim, by providing the following:

a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment, as specified by Lord Denning in his ruling in Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 82, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Deed of Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824. I require sight of the assignment so as to be satisfied that it is valid and that the alleged assignee, can give me good discharge of the debt as per s 136(1)c of the Law of Property Act 1925.

c) For the assignment of a debt to be effective (and so giving the Claimant a right of action) a valid Notice of Assignment must have been sufficiently served upon me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

d) As per C above, a copy of the alleged Notice of Assignment alleged to have been sent by the original creditor to the Defendant, and again details of how this was served upon the Defendant.

e) As the Claimant is claiming County Court Interest under Section 69 of County Courts Act 1984, details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on (as referenced in Section 2 of the Particulars of Claim) and I request the Claimant disclose EXACTLY how much they allege they paid for this account so the Court may assess whether County Court Interest is applicable to the full claim amount.

V. As per Civil Procedure Rule (PD) 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VI. Also, as under Civil Procedure Rule Part 39 – Practice Direction 39a 3.3, I remind you of the requirement for each of the documents you use as ‘proof of your claim’, ‘the originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial’.


Statement of Truth

I believe the facts stated in this defence are true.

………………………………….. 2019

End of Letter

one of my friends has used this letter twice and got a stay twice but he has never had the Small Claims Track Questionnaire.
i have received nothing
i have 7 days left to reply

geordiedal
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Post by waylander62 on Sat Jan 11, 2020 4:02 pm

the reason your friend has not had a directions questionnaire is because the claims were stayed

however yours is not stayed so Lowell must be continuing on with the claim which does not surprise me as Lowell seem to get away with just about anything with many Judges.

the defence is ok and covers most things have you sent an official CCA request with the £1 statutory fee ?

to answer your initial question yes you agree to small claims track, you will also have the option to agree to mediation which i would agree to but also type in the box beneath ' please see separate letter' then i would send a letter with the DQ.
stating why you are unable to enter into any form of mediation.


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Post by geordiedal on Sat Jan 11, 2020 4:53 pm

No have not sent an official CCA request .

forgive me but i dont understand
if i agree to small claims track, with mediation '
what separate letter' would i send with the DQ.
stating why i am unable to enter into any form of mediation,
if i have just agreed to mediation.
im confused now mate please bear with me as im very new to all this and it baffles me to be honest

geordiedal
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Post by waylander62 on Sat Jan 11, 2020 6:29 pm

you have agreed ' in principal' to mediation which the courts quite like where possible

however your letter will say:

that you are unable to enter into mediation at this time because: despite sending the claimant x number of requests for a copy of the agreement on x date, y date etc and requesting documentation to evidence their claim they have completely ignored all requests for documentation that you are entitled to see. etc etc

The claimant have submitted a signed statement of truth despite not having in their possession any documentation to evidence their claim.

in order for you to enter into any form of mediation you require a true copy of any agreement pleaded and a copy of the Deed of Assignment to evidence that the claimant holds full title as claimed as only then would they have the right to issue a claim through the Courts.

you therefore respectfully request that the Court order the claimant to produce
i) a true copy of any agreement
ii) A copy of the Deed of assignment proving that the claimant has full rights, title and interest in any property as only they can bring a proper claim.

This would then open the door for mediation to take place and save the Courts valuable time and resources.

------------------------------------------------------------------------------------------------------------------------

or something along those lines

just my opinion and has both worked and failed in the past, depends on the Judge really.

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Post by geordiedal on Sat Jan 11, 2020 9:55 pm

Thanks Mate much appreciated

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