Small claims track form Pra/judge and Priestley

[Yingyang1783]

Hello,

i I recieved a claim form previously, and defended it following your templates.

I sent the cpr and CCA requests. I heard nothing despite chasing.

Upon on filing my defence I revived a letter from Pra saying " I am in receipt of your correspondence in relation to the above and have requested the required information.

I have also also returned your £1 payment as we do not require this to action your request. We will contact you to provide an update as soon as possible"

following this his I recieved a letter from judge and Priestley stating "we confirm that out client wishes to continue with the claim and we have advised the court accordingly" .

Today i I recieved a notice of proposed allocation to the small claims track and I am unsure what to do. Any help would be much appreciated. The solicitors and claimants have still not provided any information.

[MIKE770]

Re: Small claims track form Pra/judge and Priestley

what ever happens follow what the court rules, mediation if they go that far will ask have you all the paperwork requested? if you state no they will say no mediation and they will inform the court,m then proceedings start and the system clicks into place!

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Hi Yingyang

The obvious question is, what precisely is the alleged debt for? (Loan, credit card etc,)

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Based on the original creditor named on the court papers I think it's a credit card. But asked for further information to confirm. So do I just fill in the papers and return them? If so do I attend court to file my defence or can I do it before the court date by post? Also are cases held in a certain court location? Sorry a newbie to anything like this.

Thanks for the two replies so far👍🏻

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Based on the original creditor named on the court papers I think it's a credit card. But asked for further information to confirm. So do I just fill in the papers and return them? If so do I attend court to file my defence or can I do it before the court date by post? Also are cases held in a certain court location? Sorry a newbie to anything like this.

Thanks for the two replies so far

Can you post up a (suitably redacted) copy of the court claim form? (just the front page).

If not, could you type the Particulars of Claim, & if poss the Claimant & solicitor's name.

Also the date of issue.

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hi,

please find ins attached the particulars https://www.flickr.com/photos/140992...7668444829015/

the issue date was 06/04/2016.
I then responded to the Claim.
I then sent the cpr and CCA requests to Pra group and judge and Priestley.
Nothing further was heard so I lodged my defence the day before required.
I then recieved a notification from the business centre that my defence had been recieved.

Pra then responded that they were processing my request.
I then recieved a letter from judge and Priestley stating they confirmed that their client "wishes to continue with the claim and they have advised the court accordingly".

i then recieved a letter from the county court business centre which is a a "notice of proposed allocation of the small claims track" with an associated form. It says that:
important notice if you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement" it then states the defendant has filed a defence a copy of which is enclosed which had had a line put through which now says this is now a defended claim.

It it says a date of 11th may on the form but was only recieved Friday and to be returned before 31 May.

Please let let me know if you need anymore information.

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Hi Yingyang1783

You missed out the important bit, which is the actual court order.

What does it say, & to whom is it addressed? (I don't mean postal address; is it an instruction to the Claimant, the Defendant or both?)

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Sorry,

it it is addressed to me and on the form the defendant is circled by hand where it says to be completed by, or on behalf of.

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Ok

Is it a standard directions/allocation questionnaire?

Are there any special directions?

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hi,

it it says it is a directions questionnaire (small claims track).
it asks;
do you agree to this case being referred to the small claims mediation service?
Contact details
do you agree that the small claims track is the appropriate track for this case?
Hearing venue choice
do you have expert evidence?
Witnesses
hearing days
and sign.

The he accompanying letter says please return the accompanying from before 31st may 2016.

I thought the CPA and CPR requests were only valid before allocation of a track?

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hi,

i have spoken with the mediators and specified I do not have all the documentation required to negotiate as they asked.

All of of a sudden once the mediators fed this information back to the claimants Solictors they have provided all documentation requested months ago via email immediately.

I just wanted to check a few details as I believe there may be a problem:

1) The credit agreement provided Is with bank of Scotland ltd yet on the particulars of claim they have stated that the agreement was with progressive credit ltd. No notice of assignment was mentioned in the particulars and therefore this information was not requested or provided.

2) the debt was assigned from company a to company b. They have provided the notice of assignment sent from company b, but not from company a. Is this correct that it only has to be notice of assignment from the company b?

They have emailed stating I should amend/remove my defence?

Any help on this matter would be hugely appreciated.

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Would it be correct for the statements of particulars being incorrect be a problem, and also if the notices of assignment are not complete would this be a problem.

Any my advice on how to proceed would be appreciated.

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Bump

[charitynjw]

Re: Small claims track form Pra/judge and Priestley

Hi,

it it says it is a directions questionnaire (small claims track).
it asks;
do you agree to this case being referred to the small claims mediation service?
Contact details
do you agree that the small claims track is the appropriate track for this case?
Hearing venue choice
do you have expert evidence?
Witnesses
hearing days
and sign.

The he accompanying letter says please return the accompanying from before 31st may 2016.

I thought the CPA and CPR requests were only valid before allocation of a track?
From reading back, it appears that the CCA request & CPR request were made before allocation to SCT?

Hi,

i have spoken with the mediators and specified I do not have all the documentation required to negotiate as they asked.

All of of a sudden once the mediators fed this information back to the claimants Solictors they have provided all documentation requested months ago via email immediately.

I just wanted to check a few details as I believe there may be a problem:

1) The credit agreement provided Is with bank of Scotland ltd yet on the particulars of claim they have stated that the agreement was with progressive credit ltd. No notice of assignment was mentioned in the particulars and therefore this information was not requested or provided.

2) the debt was assigned from company a to company b. They have provided the notice of assignment sent from company b, but not from company a. Is this correct that it only has to be notice of assignment from the company b?

They have emailed stating I should amend/remove my defence?
Did your 'No Documents' defence allow for amending at the Claimants expense?

Any help on this matter would be hugely appreciated.

####

[Yingyang1783]

Re: Small claims track form Pra/judge and Priestley

Hello,

the CCA and CPR requests were requested upon receiving the claim form.

sorry I do not understand what you mean about the no document defence change, would you mind explaining it a little more. Thank you