Help with N149 Allocation Questionnaire

[greengirl]

Please could someone help me with a N149 Allocation Questionaire, I have looked through a lot of threads but dont know what is the right response to G other information.

The claim is from Howard Cohen I sent them a CPR 31.14 request a while ago but they haven't replied so don't think they have a CCA.

The account no they quoted was for a store card with Debenhams which was taken out a very long time ago, the last statement I had I owed them under £200 the claim is for over £400 and it was with GL Finance not Santander I dont remember having anything from Santander about this.

I put in an embarrassed defence on the claim form and now have to get the N149 in court by tomorrow.

thanks for any help

[Amy]

Re: Help with N149 Allocation Questionnaire

Use this and edit to suit.

Section G

I wish to draw the Court’s attention to the abuse of process that I believe exists in bringing this case:-

a) It is contrary to the OFT Debt Collection Guidance - Examples of Unfair Practices 2.8 (k) states “not ceasing collection activity whilst investigating a reasonably queried or disputed debt. This account has been in dispute since 10th March 2007 and as such should not have been “assigned” to *********.

b) I have received only vague templated correspondence in which it is stated that ************* have been assigned this alleged debt by ********. No proof of absolute assignment has been received or subsequently supplied as is required by and needed to comply with Law of Property Act 1925 s136(1) in order for ********** to action this alleged debt in this manner.

c) Other documentation relied upon by ********** and requested by me pursuant to CPR 18 remains outstanding as of today's date **********. Without full disclosure and compliance with CPR, I am unable to prepare a defence to the documents which the Claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer.

d) Court action was commenced contrary not only to the overriding objectives of CPR but also specifically CPR pre-action protocols 4.1 – 4.10 and as such the time of the court is now being taken up needlessly.

I believe that the points raised above show that the Claimant is given to malicious and vexatious litigation. It is therefore respectfully requested that the Court strike out this case as a clear abuse of process.

[greengirl]

Re: Help with N149 Allocation Questionnaire

Thank you so much for that, I have completed the AQ and submitted it to the courts.

I thought I should send a cca request who should I send it to ? GE MONEY OR SANTANDER OR CL FINANCE.

Thanks for your help

[greengirl]

Re: Help with N149 Allocation Questionnaire

Heard back from courts this week, with a standard order for stay for settlement with consent of all the parties.
I sent CPR letter to Cohens about a month ago but never got a reply. Telephoned the courts last week to ask if they had heard from them said that Cohens had sent in AQ.

So what happens now?? thanks for any help.