Court claim received 24th May PRA - Barclaycard

[Demo8]

[Demo8]

[Demo8]

echat11 id be greatly appreciated if you can assist a little on this next move for me with this notice

[Demo8]

echat11

after a little search around here my understanding is following this result I found on another thread?

Finally received 'Notice of proposed allocation to the small claims track'

Good

Take note that
1. This is now a defended claim. The defendant has filed a defence.

That's standard.

2. It appears that this case is suitable for allocation to the small claims track. If not appropriate complete box C1 on the DQ.

Ignore C1.

3. You must by 20 Feb 24 complete the small claims directions questionnaire (form N180) and file it with the court (Civil National Business Centre) and serve copies on all other parties.

So after you filled it in, email a copy to the Court. In the Subject Line write - Case No - Directions Questionnaire - XXXXXXXX v XXXXXXXX.,
then post a copy to the Creditors solicitors.

4. There is no further correspondence from Overdales with any of the information requested. When serving the DQ on Overdales, should I reissue the request for further information with the DQ to the court and Overdales? or should I wait and use it later?

Just write on the DQ, that you have requested information from Overdales, but to date you have not received it.

5. The Small Claims Paper Determination Pilot is throwing me a bit.

I think that is referring to a Hearing without you present. You don't want that. You want a Hearing in person.

6. Is D1 where I list all witnesses so as to have a hearing? I am tempted to list Lowel Solicitors who are Lowell Portfolio 1's legal representative for their previous claim in which I have a letter of discontinuance. Or is this just evidence and there is no benefit to bringing them in as a witness?

No, you don't want to call Witnesses, reason being, say you lost the case, you would have to pay costs, travel, hotel etc.
You've got the evidence, letter of discontinuance etc. no need to go the Witness route.

[echat11]

https://legalbeagles.info/library/gu...uestionnaire//

[Demo8]

https://legalbeagles.info/library/gu...uestionnaire//

I will take a look at this thanks

[Demo8]

https://legalbeagles.info/library/gu...uestionnaire//

echat11

I have started to follow the information guide for the N180.
on my document I have reached section D and G which is is not covered by the guide which is the following,

D. Suitability for determination without a hearing
D1 Do you consider that this claim is suitable for determination without a hearing.

YES
NO

Do I tick Yes here?

G. Other information
G1 Have you been advised of your right to give evidence in either Welsh or English?

YES
NO

I have not been advised of anything as of yet but I’m guessing this is also a Yes here?

Many thanks

[Demo8]

Only have a day or so left on this could really do with some support please I’m getting anxious being a home owner as well

jaguarsuk can you offer any advice on the new sections in the questionnaire as they are not covered in the guidance on LB?

Thanks

[Demo8]

Pezza54 anything you can share for me on the above questions as I’m getting very desperate now

[pt2537]

echat11

I have started to follow the information guide for the N180.
on my document I have reached section D and G which is is not covered by the guide which is the following,

D. Suitability for determination without a hearing
D1 Do you consider that this claim is suitable for determination without a hearing.

YES
NO

Do I tick Yes here?

G. Other information
G1 Have you been advised of your right to give evidence in either Welsh or English?

YES
NO

I have not been advised of anything as of yet but I’m guessing this is also a Yes here?

Many thanks

The question about no hearing is asking you do you want us to deal with this without hearing from you. The answer in my view must always be HELL NO!!! i want to be heard, i want to have the chance to make my case.

[Pezza54]

D1 If you want to attend the hearing to defend the case verbally and cross-examine the claimant tick "NO". I believe the most the claimant's solicitor can claim is £96 to cover expenses on the small claims track (if you lose the case) The solicitor is probably hoping you tick YES. £96 may not cover their expenses and time to attend the hearing

GI Tick YES

[pt2537]

D1 If you want to attend the hearing to defend the case verbally and cross-examine the claimant tick "NO". I believe the most the claimant's solicitor can claim is £96 to cover expenses on the small claims track (if you lose the case) The solicitor is probably hoping you tick YES. £96 may not cover their expenses and time to attend the hearing

GI Tick YES

On the issue of costs, no not always. CPR 27.14(2)(g) gives the Court power to make a costs order if conduct is considered unreasonable so you always need to be aware of this.

[Demo8]

The question about no hearing is asking you do you want us to deal with this without hearing from you. The answer in my view must always be HELL NO!!! i want to be heard, i want to have the chance to make my case.

pt2537
I also put down my local court address and included Defendants Home Court pursuant to CPR 26.2A(3).

Correct?

[pt2537]

pt2537
I also put down my local court address and included Defendants Home Court pursuant to CPR 26.2A(3).

Correct?

yep thats it

[Demo8]

yep thats it

Paperwork sent on Friday 26th to both parties too should arrive by Monday 29th as stated on the letter fingers crossed.
i kept a copy for my keeping also.

Is now a waiting game to see what becomes from it all whether a hearing will actually happen or is this the definite result?
If so I will be asking questions on how to prepare myself for the hearing.