** STRUCK OUT ** halifax CC for 16k is allocation correct ?

[skilganon]

Hi All,

I am looking for some advice or opinions on the above case from some of the more learned members regarding court procedure please.

to put this in perspective:
i am helping someone with a claim received by hoist portfolio / howard cohen the claim is for a credit card for around 16K

the claim has been defended and DQ's have been submitted. the defendant has done a CPR31 request for information which resulted in total silence, they have then sent a part 18 request for further information, again totally ignored, they have also sent a separate letter to the solicitor again completely ignored !! NO pre action protocol was followed before issuing a claim !

now what i dont understand is that cohens have filed their DQ ( very late ) and requested that the court allocate this to small claims by issuing a draft order with their DQ, they also admit they did not follow pre action protocol and their reason for not doing so is " There are no applicable to regulated Consumer Credit claims " this is exactly how it is written and not me making a mistake.

and the courts have simply done what they have asked !!!!! allocated it to small claims track !!

not a single document has been sent to the defendant !? , surely this cannot be right ????

[skilganon]

Re: halifax CC for 16k is allocation correct ?

ah ok,

is it correct that a claim issued for the sum of around £16,000 can be allocated to the small claims track by a deputy district judge at the behest of the claimants solicitor, pretty much so they can avoid a CPR31 request ?

is it also correct that the claimants solicitor does NOT have to follow pre action conduct in issuing this claim because pre action conduct does not apply to regulated consumer agreements ?

[nemesis45]

Re: halifax CC for 16k is allocation correct ?

ah ok,

is it correct that a claim issued for the sum of around £16,000 can be allocated to the small claims track by a deputy district judge at the behest of the claimants solicitor, pretty much so they can avoid a CPR31 request ?

is it also correct that the claimants solicitor does NOT have to follow pre action conduct in issuing this claim because pre action conduct does not apply to regulated consumer agreements ?

The order can be challenged imo this is for " fast track" .

Can we see a copy of the order please.

nem

[skilganon]

Re: halifax CC for 16k is allocation correct ?

thank you very much for your prompt reply nem,

yes

i will also attach a copy of their DQ which was filed after time although dated correctly, and also their draft order filed with their DQ

give me a while to redact the docs and i will attach them

once again thank you :tinysmile_grin_t:

[nemesis45]

Re: halifax CC for 16k is allocation correct ?

thank you very much for your prompt reply nem,

yes

i will also attach a copy of their DQ which was filed after time although dated correctly, and also their draft order filed with their DQ

give me a while to redact the docs and i will attach them

once again thank you :tinysmile_grin_t:

OK I'll look out for them.

nem

[skilganon]

Re: halifax CC for 16k is allocation correct ?

[MENTION=55034]nemesis45[/MENTION],

i will attach the court allocation/order, i will also attach the draft directions, and thirdly i will attach relevant parts of their DQ.

note that they admit to not having followed pre action protocol but then say it doesnt apply to consumer credit agreements.

they have not responded in any way to the defendants requests, and also they say the defendant has not used points of law in their defence, how can they when they have no idea what this is all about !!??

[nemesis45]

Re: halifax CC for 16k is allocation correct ?

Pure guess here, the claimant wants the claim heard on the small claims track 1. To avoid complying with CPR31.14. 2. They are seeking as much time as possible to come up with an agreement/recon agreement to prove their claim.3. To avoid extra costs if they lose the claim.
nem

[skilganon]

Re: halifax CC for 16k is allocation correct ?

totally agree with you here nem,that is exactly what they are doing.

however it would appear that the courts are ticking all the boxes for them !! ??

they have simply ridden roughshod over all the rules and are getting away with it !? is there anything the defendant can do about this ? as it is totally unfair and thanks to this deputy we have a total inequality of arms here!

also note that the crafty judge has given them until 21st october to produce documents and also forced the defendant to file a witness statement having seen no documentation whatsoever before this date !

please tell me this cannot be right !?

[skilganon]

Re: halifax CC for 16k is allocation correct ?

hi all,
before deciding on how best to approach this i would just like to ask one question :

cohens have put in their directions questionnaire that they have not followed pre action protocol because pre action protocol does not apply to consumer credit agreements

is this true ?

[nemesis45]

Re: halifax CC for 16k is allocation correct ?

hi all,
before deciding on how best to approach this i would just like to ask one question :

cohens have put in their directions questionnaire that they have not followed pre action protocol because pre action protocol does not apply to consumer credit agreements

is this true ?

Good morning skilganon,

The MOJ and FCA has made 3 attempts to draft a Pre action protocol for consumer credit debt in consultation credit providers the latest
news that I know of is that another consultation process has begun.
Although some companies will use a form of letter before action/ letter before claim there is as far as I know
no compulsion so to do.

nem

[skilganon]

Re: halifax CC for 16k is allocation correct ?

morning nem,

wow! must admit i didnt know that !

the odds are stacked enormously in favour of the claimant, if this is the case :tinysmile_cry_t:

the defendant has received nothing from either the claimant nor from their solicitors regarding this alleged debt , just a claim form !

the defendant has followed the rules throughout, requested docs under cpr, written to the solicitors,filed and served a DQ on time, sent a letter to the court with their DQ explaining that they had made these requests with NO response.

yet none of this seems to matter or count for anything! the defendant has been completely ignored by all parties, including the court, and the claim just steamrollers along helping the claimant in every way ?

what chance does anyone have ?

[mystery1]

Re: halifax CC for 16k is allocation correct ?

The allocation process is simply an invitation to both parties to put minimal information to the court who then decides where to allocate. Usually for £10k+ it's fast track but for a simple contractual matter then small claims could be suitable. It's is feasible to apply to have the track changed if you feel it is wrong. It will need an application which costs. Bear in mind costs work both ways and it may be good to have limited costs.

Had an application been made for disclosure before the defence deadline then this may not have happened.

There are standard pre action protocols which apply unless there are specific ones. The penalty is in costs only.

In litigation you get get away with a lot if people are soft enough to let you (or it's cost prohibitive to stop it)

M1

[skilganon]

Re: halifax CC for 16k is allocation correct ?

thank you M1 for your response,

the defendant has sent a cpr31 request , a letter and also a part 18 request to the claimant ALL completely ignored.

i am not sure if the cpr31 request was sent before the defence was filed ? i will find that out.

however does a cpr31 request count as an application for disclosure, or does the application have to be made to the courts ?

[mystery1]

Re: halifax CC for 16k is allocation correct ?

The trouble is that they are allowed 7 days upon receipt of a 31.14 request to disclose. Day 8 should be when you start calling and finding out if/when it will happen and making the choice of whether to make an application to the court to force them. Hardly anyone does because many are afraid to pick up the damn phone.

The 31.14 should be filed before a defence as it is essentially to aid construct it. In the fast track you can get disclosure this way after allocation but not in small claims. To that end, it is currently irrelevant when it was sent.

The 31.14 is essentially an application to the claimant which is free. The real heavyweight application is to the court usually after failure by the claimant and sadly that costs.

M1

[skilganon]

Re: halifax CC for 16k is allocation correct ?

Hi all,

apologies for not keeping this thread updated,

after speaking at length to the defendant they decided to continue with their defence of this claim.

my reason for this post is to ask a question:

can anyone tell me the current costs for N244 applications for:

a) an unless order ( without a hearing)
b) an order requesting a claim be struck out ( without a hearing )