help with filing an N181 DQ for multi track please

[skilganon]

HI all

could someone advise on filling out an N181 DQ for multi track case

particularly proposed directions in accordance with CPR29.1(2) (whether or not agreed)

claimant in default of CCA request and als CPR31 request

[skilganon]

Re: help with filing an N181 DQ for multi track please

bump

sorry to bump this up, i am not familiar with multi track just wondered if anyone could advise on how to fill out this part of the form and what might need including ?

[Kati]

Re: help with filing an N181 DQ for multi track please

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] ??

[Amethyst]

Re: help with filing an N181 DQ for multi track please

Hiya xx Have we got a bit of background to the case? (I'll have a look) Presuming its a consumer credit agreement case over £20k ?

Proposed directions could be enforcing the CPR 31 request - I'll see if there's a draft about somewhere for you. Ah here - http://legalbeagles.info/forums/show...335#post411335

There would also be other directions for case management I believe ... [MENTION=87380]Diana M[/MENTION]; I think has just been through a multitrack case so might have a firmer idea.

[skilganon]

Re: help with filing an N181 DQ for multi track please

Hiya xx Have we got a bit of background to the case? (I'll have a look) Presuming its a consumer credit agreement case over £20k ?

Proposed directions could be enforcing the CPR 31 request - I'll see if there's a draft about somewhere for you. Ah here - http://legalbeagles.info/forums/show...335#post411335

There would also be other directions for case management I believe ... @Diana M; I think has just been through a multitrack case so might have a firmer idea.

thank you Amethyst

background of the case: welcome finance, loan taken out 2008 for around £2000, hoist ex mkdp ( typical )

threat of action, request for docs made ( ignored ) claim issued for 17k !!??
plus interest of £8k !!?? going back to alleged purchase by mkdp.

claim issued, for a loan agreement with a different agreement number to the only loan the defendant had!!

defence filed, CCA request sent, cpr 31 request sent, both requests ignored.

this is when i started to try and help, DQ deadline 2nd May , allocated to multi track, never filed a DQ before for multi track and dont want to let them down and miss out on an opportunity to force claimant to provide docs.

i hope this is enough, if you need any more please let me know.

[Diana M]

Re: help with filing an N181 DQ for multi track please

background of the case: welcome finance, loan taken out 2008 for around £2000, hoist ex mkdp ( typical )

threat of action, request for docs made ( ignored ) claim issued for 17k !!??
plus interest of £8k !!?? going back to alleged purchase by mkdp.

claim issued, for a loan agreement with a different agreement number to the only loan the defendant had!!

defence filed, CCA request sent, cpr 31 request sent, both requests ignored.

this is when i started to try and help, DQ deadline 2nd May , allocated to multi track, never filed a DQ before for multi track and dont want to let them down and miss out on an opportunity to force claimant to provide docs.

Good Grief!

How did a £2k loan morph into a £25k debt?

If you've reached the DQ stage (which needs Draft Directions) you've obviously filed a Defence (which you say you have) so what was the basis of your Defence?

You say you've sent a CPR 31.14 Request but have you also raised any Part 18 Questions?

I've taken a peek at some of your other threads but I don't instantly see one that may have the backstory to this claim. Is there one?

Are you able to post up (type out) the Particulars of Claim removing anything which could identify you.

Di

[skilganon]

Re: help with filing an N181 DQ for multi track please

thank you for input

this is not something for myself, i was asked to take a look at this and was horrified by what i saw and offered help as best i could.

draft directions i believe are a must , this is where i fall a little short. I think the claimant have made a grave error, from what i can make out.

the defence and any requests were made before i became involved, a part 18 request has not been submitted i have started to construct one but the DQ and draft directions deadline is may 2nd !! so i have concentrated fully on this for now.

have permission to post up what is needed i will start with the particulars

[skilganon]

Re: help with filing an N181 DQ for multi track please

particulars:

the claim is for the sum of £17xxx.xx in respect of monies owing under an agreement with the account number xxxxxxx pursuant to the CCA 1974.
The debt was legally assigned by MKDP LLP ( ex welcome finance ) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant s87 (1) CCA.
The Claimant claims
1. The sum of £17,xxx.xx
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8 percent from 21/1/11 to the date hereof of 2188 days is the sum of £8,xxx.xx
3. future interest accruing at the daily rate of £3.82
4. costs

[Diana M]

Re: help with filing an N181 DQ for multi track please

this is not something for myself, i was asked to take a look at this and was horrified by what i saw and offered help as best i could.

draft directions i believe are a must , this is where i fall a little short. I think the claimant have made a grave error, from what i can make out.

the defence and any requests were made before i became involved, a part 18 request has not been submitted i have started to construct one but the DQ and draft directions deadline is may 2nd !! so i have concentrated fully on this for now.

have permission to post up what is needed i will start with the particulars

What is your involvement with the person who is the Defendant in these legal proceedings?

You say this claim is in the Multi Track where the winner would expect to be granted their legal costs which could be double the amount claimed/in dispute.

The stakes are high and if this is not your case then the stakes are even higher.

Funnily enough I've just won a Multi Track case where I was the Defendant so as Amethyst has said I'm acutely aware of how things are done not withstanding the fact that I work for a law firm specialising in consumer credit (thank goodness for that ).

There would also be other directions for case management I believe ... @Diana M; I think has just been through a multitrack case so might have a firmer idea.

There could be so many issues which may need addressing at this DQ stage.

Here's what happened to me and you'll see why it's important to set things up properly from the beginning including/starting with the DQ stage >

PRA GROUP (UK) LIMITED v DIANA MAYHEW – WIN

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”

So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.

Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

I have full knowledge of this case since I was the Defendant (Diana M is short for Diana Mayhew).

I was also the "Client" of Joanna Connolly Solicitors where I currently work. How ironical.

I have no shame in being taken to court for a debt which arose with MBNA when I was in "financial chaos" at the start of the Credit Crunch which was caused by the banks not me or any of you other debtors out there.

But I didn't personally owe PRA any money (as agreed by Recorder Bellamy) and that was the reason I decided to fight this case.

I wasn't only doing it for me, I was doing it for all the other debtors who've been served with claims for a MBNA debt which travelled the same assignment route as mine.

I was also doing it because the documents produced by the Claimant needed forensic examination. As Jo has said the court found them irredeemably unenforceable. There were two claims for two accounts and both credit agreements failed the test in court.

It was a win for the consumer not just me.

PRA have said that they will not be appealing the judgment.

Di (aka Diana Mayhew)

Di

[skilganon]

Re: help with filing an N181 DQ for multi track please

thanks again di

do you mind if i send you a private message whereby i can perhaps explain. It may make things a little clearer.

i agree regarding the issues which is why i have started this thread.

[Diana M]

Re: help with filing an N181 DQ for multi track please

thanks again di

do you mind if i send you a private message whereby i can perhaps explain. It may make things a little clearer.

i agree regarding the issues which is why i have started this thread.

I tend not to use this forum's PM facility so why not email me direct instead using di@joannaconnollysolicitors.co.uk Our initial advice is always free.

I look forward to hearing from you.

Di

[skilganon]

Re: help with filing an N181 DQ for multi track please

I tend not to use this forum's PM facility so why not email me direct instead using di@joannaconnollysolicitors.co.uk Our initial advice is always free.

I look forward to hearing from you.

Di

already spotted that ,

have already sent you an e mail

[mystery1]

Re: help with filing an N181 DQ for multi track please

2188 days interest ?

That must be incredibly close to statute barred. 6 years including 2 leap years 2012 & 2016) is 2192. If a creditor is claiming 2188 days i'd wager a few quid it's more, more than 4 extra days anyway.

M1

[skilganon]

Re: help with filing an N181 DQ for multi track please

Yes I agree M1 this was bought by mkdp then as you know hoist replaced them when they bought out mkdp hoist are claiming interest from the date that mkdp allegedly bought the debt don't know if they can even do this

[Diana M]

Re: help with filing an N181 DQ for multi track please

have already sent you an e mail

I've received that and have just replied.

Di