court claim from howard and cohen

[jax007]

Re: court claim from howard and cohen

Is this what you're looking for Ben ...................??

IN THE XXXXXXX COUNTY COURT CLAIM NO: xxxxxxxx
BETWEEN:

XXXXXXXXXXXXXXXXX

Claimant

- and-

CJO

Defendant

PROPOSED DIRECTIONS ON ALLOCATION

1. The claim be allocated to the Small Claims Track.

2. The claim thereafter be stayed until [DATE] while the parties try to settle it by mediation or other means. The parties to notify the Court in writing at the end of that period whether settlement has or has not been reached, and to submit a draft consent order of any settlement.

3. The Claimant do file and serve by 4pm on [DATE] a fully pleaded Particulars of Claim setting out the full circumstances and how it is calculated, and exhibiting:

a) the original agreement between [CLAIMANT] and the Defendant.
b) a copy of the referenced Default Notice
c) copies of statements relating to the account showing when the Defendant showing
when the Defendant last made a payment under the agreement being sued upon.

4. If the Claimant fails to comply with this order, the claim will be struck out without further order.

5. The Defendant do file and serve and amended defence within 14 days of service of the documents referred to in paragraph 3 hereof.

6. If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[cjo]

Re: court claim from howard and cohen

that looks complex, and due to the size can it go to a small courts

[Curlyben]

Re: court claim from howard and cohen

That's the kiddie Jax.

I would also add
d) copy of the Deed of Assignment on which this debt was sold.

cjo, small claims is normally for sub £5k claims, but this is flexible..

[cjo]

Re: court claim from howard and cohen

ok, i am away from home till friday will let you know the questions they are asking me then, thanks again,

[cjo]

Re: court claim from howard and cohen

Hi just doing this now, should the date on number 2 and 3 be the same

[Curlyben]

Re: court claim from howard and cohen

2 - normally about a month from the date of application
3 - 14 days after 2.

[cjo]

Re: court claim from howard and cohen

Thankyou

[cjo]

Re: court claim from howard and cohen

had a letter from the court. They say that they have made an order of its own initiative without a hearing.
1.the claimants do file and serve further particulars of the particulars of claimwhich comply with part 16 of the CPR and the practice direction thereto before 4pm on the29 Dec 2009

2. In default of compliance with para 1 of this order the claim be struck out.

3.Within 14 days of compliance with para 1 of this order the defendant do fileand serve a fully pleaded defence which complies with part 16 of the civil procedure rules and the practice direction thereafter and in default the defence be struck out.

4.The court has made this order of its own initiative without a hearing. The parties attention is drawn to the right pursuant to CPR3.3 (4) AND (5) to apply to have it set aside,varied or stayed within seven days of the date of service of this order,

So what do we do now,,sit and wait?

[Curlyben]

Re: court claim from howard and cohen

Not bad, but could of been better.

Hold tight and see if Howard can be bothered to comply, don;t expect anything till the New year as they are well known for being slow.

[cjo]

Re: court claim from howard and cohen

Not bad ? thats sounds like things are not looking good. Fingers crossed then.
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and thanks again

[Curlyben]

Re: court claim from howard and cohen

Well they could of asked for ALL the supporting documentation, but no matter.

[cjo]

Re: court claim from howard and cohen

Morning

Just had a letter from HC, they are asking me sto sign a consent form. Which if i do will avoid an entry of a conty court judgement against me.

IT IS ORDERED BY CONSENT AS FOLLOWS;

1. The parties having agreed the terms of settlement in the schedule attached hereto, all further proceedings in this action be stayed save the purposes of carrying into effect the terms in schedule hereto.

2. There be no order as to costs.

3. liberty to apply.

There is also a copy of the credit agreement, with my signature. and a breakdown of the account. the last payment on the account was Feb 05.

So what do i do now? they are asking for £50 a month.

thanks
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the agreement number on the credit agreement and the agreement number on the breakdown of the account are different, not sure if this matters, also i have paid some money last year which is not on the breakdown. And it states i owe £1695 on the agreement for insurance which i cancelled.

[Amethyst]

Re: court claim from howard and cohen

If you are able to can you scan a copy of the agreement and post it up ?

The insurance, when did you cancel it, and is that shown in the breakdown or just on the original agreement ?

I am usually a bit suspicious with consent orders, although the court did ask for the parties to negotiate settlement between themselves, but be good to see the Agreement they sent.

[cjo]

Re: court claim from howard and cohen

on both with ref to the insurance, and i have no idea how to post it up. But am at a loss as to what to do now

and thankyou you both have been great

[Amethyst]

Re: court claim from howard and cohen

If you have scanned it in you can email it to me amethyst@legalbeagles.info

In the case that that is all valid, how do you feel about the consent order ? is £50 a month affordable (long term) ? I dont think you can go with it yet as there are the issues with the insurance and money paid recently which need sorting out first.