Court Claim - AJJB Law

[echat11]

Hi echat11 ,

I have now received a Directions Questionnaire (small claims track) from the court. I’m still waiting/have not received any of the documents previously requested. Can you advise the best way to fill this out and can I file it electronically or will I need to post to both court and other party?

thanks

State on the DQ that you haven't received the requested documentation. You want Mediation.

You can email the DQ to the Court. On the subject line write: Claim No: XXXXXXX - Defendants Directions Questionnaire - XXXXXXXX v XXXXXXXX

Make sure it's sent to the correct email address. If your not sure, give the Court a call.

https://www.find-court-tribunal.serv.../search-option

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

You can email the DQ to the Creditors Solicitors providing
you have their permission to do so. (if you not sure, just give them a call to confirm it's o.k.

[jsstar]

Thanks echat11

Where do I comment that documents haven’t been received? Is it D1? The only other spaces that seem suitable are E4 / F6 but I don’t consider myself vulnerable so not sure I should be ticking yes to those.

[echat11]

Thanks echat11

Where do I comment that documents haven’t been received? Is it D1? The only other spaces that seem suitable are E4 / F6 but I don’t consider myself vulnerable so not sure I should be ticking yes to those.

D1 is fine, you can write 'The Defendants has yet to receive the requested documentation, requested under Civil Procedure Rules.'

[jsstar]

Thanks echat11 ,

Handily the claimants solicitor has just emailed their DQ to the court and copied me in. I’m assuming there’s no problem with replying to the email thread with my own (ensuring both court and solicitors remain copied in)?

[echat11]

Thanks echat11 ,

Handily the claimants solicitor has just emailed their DQ to the court and copied me in. I’m assuming there’s no problem with replying to the email thread with my own (ensuring both court and solicitors remain copied in)?

I would compose a fresh email, you have all the information you need, email addresses etc, correct info for the subject line etc.

[jsstar]

Hi echat11 ,

I have mediation scheduled in just under two weeks and today the claimants solicitors have sent through the documentation requested.

At quick glance the documents look to be correct, what are my best next steps to take?

Thank you.

[echat11]

Hi echat11 ,

I have mediation scheduled in just under two weeks and today the claimants solicitors have sent through the documentation requested.

At quick glance the documents look to be correct, what are my best next steps to take?

Thank you.

You really need to go through the documentation look for anomalies, just because they sent it, doesn't make it compliant.

[jsstar]

Thanks echat11 ,

Is there anything specific I should be looking for in terms of compliance? I’ve checked for things such as APR and personal details but a little lost beyond that.

Thank You

[echat11]

Thanks echat11 ,

Is there anything specific I should be looking for in terms of compliance? I’ve checked for things such as APR and personal details but a little lost beyond that.

Thank You

The following: https://lawzone.legal/when-is-a-cred...unenforceable/

[jsstar]

Hi echat11 ,

I have reviewed the documents in line with the link you kindly supplied. A few things stand out but I’m not sure if there sufficient to challenge what’s been provided;

-No credit limit on the agreement
-Notice of assignment isn’t dated.
-Between the default notice being served and the notice of assignment the balance doubled (I’m assuming charges/fees being added) but there is no breakdown of how this was calculated.

Is my best approach for mediation to negotiate a lesser payment to settle or should I ask to amend my defence now they’ve provided the documents and highlight the above? I’m not sure if the above is likely to make the debt unenforceable.

Thank you in advance - your help is greatly appreciated.

[echat11]

Hi echat11 ,

I have reviewed the documents in line with the link you kindly supplied. A few things stand out but I’m not sure if there sufficient to challenge what’s been provided;

-No credit limit on the agreement
-Notice of assignment isn’t dated.
-Between the default notice being served and the notice of assignment the balance doubled (I’m assuming charges/fees being added) but there is no breakdown of how this was calculated.

Is my best approach for mediation to negotiate a lesser payment to settle or should I ask to amend my defence now they’ve provided the documents and highlight the above? I’m not sure if the above is likely to make the debt unenforceable.

Thank you in advance - your help is greatly appreciated.

There should be a credit limit on the agreement as it's one of the Prescribed Terms that should be of the agreement.
The 'letter of assignment' should be dated.
You should be provided with a 'breakdown' of charges.

It's really up to you, but there seems to be things which don't sit right, can't tell you which way the Courts would decide.
You have Mediation, but you can send Offers to the Claimant to settle the matter, But it might be an idea to do that
after Mediation. You have some good points to try to negotiate a 'settlement', the lack of a date on the 'letter of assignment'
being the strongest.