Claim form

[Shooe]

Hi.
A few months ago I attached an agreemenrt that was illegible. I mentioned to PRA that it was illegible and they said they had reviewed the contents of the document sent to me and deemed it satisfactory. I also mentioned that PPI seemed to be on the agreement and according to PRA PPI is a seperate contract taken out by me with Lloyds bank and therefore they are not party to the contract and the PPI contract has not been assigned to them and therefore if I have any issues I should raise it with Lloyds bank or the insurance company.
As we did not come to an agreement on this I have been given a notice of proceedings and been informed on 04/11/2020 that the claim has been transferred to the county court hearing centre for allocation and that the file will be referred to a procedural judge.

I also thought there was going to be mediation before the case went to court but that seems not to be happening as I was not contacted by anyone for mediation.or have I got it wrong and contact for mediation will still be made?

Would you know how long it could take for the allocation of the case to be made? I was told in the notice of transfer to await the judges directions.

Also at this point I'm not too sure what to do next since the document provided is illegible and PPI is part of the agreement am I supposed to do an amended defence ? Please could you kindly let me know what next step I could take?

[Celestine]

pt2537

Hi - Did you submit a defence as per our guide? Legibility should have been central to that and would have needed some adaptation.
The courts will now allocate the case, did you fill in an allocation questionnaire? Mediation will be mentioned on that form and will be offered between now and final hearing.

[Shooe]

Hi,

Thank you so much for your response.

At the time I was not aware of legal beagle before submitting my defence however I did request in my defence that I be provided with the original agreement but what I got was a document that I can hardly read I am truly hoping that would suffice for the document being illegible.

Further in my previous messages I was informed of the case of Kotecha regarding PPI and how the PPI terms were required as was cited in the court of appeal lead judgment of LJ Lloyd. I am hoping to use this case as precedence for the PPI terms as well ,but could you kindly tell me if I should mention this case in the mediation period or do I only mention the Kotecha case when I have to defend the case in court?
Thank you once again for your engagement.

[Shooe]

Hi,

I have received a witness bundle a few days ago from the claimant could you kindly tell me if I am to send a witness bundle in my defence

I have a court date next month regarding a small claim. In the witness bundle sent by the claimant, correspondence between myself and the claimant who are PRA has been included but I have noted that they have omitted to include one letter that I wrote and I am of the belief that this letter is vital to help my case this letter is to do with the £1.00 cheque I sent to request for the original copy of the contract.I did not send the £1.00 initially because I did not realise I should have done until I found your forum, however thay had not sent the contract before I sent this other letter with the £1;00 and it still took them a very long time before they came up with the illegible document.. I have proof that it was sent to them because I have the receipt of the registered post.IAs i mentioned PRA did send a document to me but it was illegible so I think they are trying to get out of the fact that the contract was requested in accordance with the Act. I also showed the agreement sent on a thread and there was consensus it was illegible... Could I kindly ask how I can get this letter that the claimant did not include in their witness bundle across to the court as I can see they are only focusing on the assignment and not the contract. Could I also know if there is also away I can ask for the case to be struck out because the document sent as the credit agreement is illegible? Your response would be much appreciated, Thank you

[Celestine]

Hi - Yes you do need to submit a witness statement asap. Can you share a copy of the notice of hearing please and any details of deadlines for submission of witness statements?
The witness statement will 'tell the whole story' including referencing all communications and supply of illegible agreements. Here is a template link: https://legalbeagles.info/forums/for...ness-statement

Post here when you have drafted it and we can check it for you.

[Shooe]

Hi - Yes you do need to submit a witness statement asap. Can you share a copy of the notice of hearing please and any details of deadlines for submission of witness statements?
The witness statement will 'tell the whole story' including referencing all communications and supply of illegible agreements. Here is a template link: https://legalbeagles.info/forums/for...ness-statement

Post here when you have drafted it and we can check it for you.

Hi,
Thank you so much for your response I did not however see it before I sent my witness statement off to court and to the claimant because I was concerned I would miss the deadline.,

I did however see some sample witness statements from the forum and checked around for other situations that could suit my case as it was to do with an illegible Credit Agreement that the claimant had given me and my witness statement was focused around that..

I have some news about this case. After submitting my witness statement the claimant wrote a letter of "Non prejudice save as to costs"
.
According to them they had looked at my witness statement and further reviewed their position. The claimant said it is still their view that the matter is fully enforceable but they note the letter I mentioned which had £1.00 enclosed. This is the letter they failed to mention or attach as an exhibit in their witness statement but I mentioned this in mine and also showed proof in my exhibits that it was received by them so they could not deny it.. According to them it was an admin error and the £1.00 was applied to my account as a payment (I don't understand that because there was no agreement to pay them £1.00 so quite hard to believe them) and I'm quite sure the letter was left out intentionally hoping I had no proof I sent it.
According to the claimant they will rectify the error and refund the £1.00 to me

The claimant is also willing to make a without prejudice offer to discontnue the claim with both parties bearing their own costs. The claimant would like me to sign the consent order and upon receipt will file the order along with their notice of discontinuance with the case.

This is where I would really appreciate your advise::

1. I had stated in my witness statement that I only received the letter before claim after I had filed my defence I also sent a copy of the letter and cover letter as an exhibit and asked the court to consider this when awarding costs

.2, I'm not sure why I have to bear my costs when I did not file the case


3. Is the claimant actually saying if I do not pay my costs they will not dis continue the case?

4. If the claimant know they will win the case then why are they writing this letter of no prejudice to me ?

5. I also forgot to mention that the court had stated if the case was not filed before the 20th of May and also something about money not being paid for the case then it would be struck out,. I noted that the claimant's witness statement was signed for the 26th of May and I got it on the 28th of May does that mean the court will strike it out ?

Your comments will be highly appreciated

[Shooe]

Hi,
Thank you so much for your response I did not however see it before I sent my witness statement off to court and to the claimant because I was concerned I would miss the deadline.,

I did however see some sample witness statements from the forum and checked around for other situations that could suit my case as it was to do with an illegible Credit Agreement that the claimant had given me and my witness statement was focused around that..

I have some news about this case. After submitting my witness statement the claimant wrote a letter of "Non prejudice save as to costs"
.
According to them they had looked at my witness statement and further reviewed their position. The claimant said it is still their view that the matter is fully enforceable but they note the letter I mentioned which had £1.00 enclosed. This is the letter they failed to mention or attach as an exhibit in their witness statement but I mentioned this in mine and also showed proof in my exhibits that it was received by them so they could not deny it.. According to them it was an admin error and the £1.00 was applied to my account as a payment (I don't understand that because there was no agreement to pay them £1.00 so quite hard to believe them) and I'm quite sure the letter was left out intentionally hoping I had no proof I sent it.
According to the claimant they will rectify the error and refund the £1.00 to me

The claimant is also willing to make a without prejudice offer to discontnue the claim with both parties bearing their own costs. The claimant would like me to sign the consent order and upon receipt will file the order along with their notice of discontinuance with the case.

This is where I would really appreciate your advise::

1. I had stated in my witness statement that I only received the letter before claim after I had filed my defence I also sent a copy of the letter and cover letter as an exhibit and asked the court to consider this when awarding costs

.2, I'm not sure why I have to bear my costs when I did not file the case


3. Is the claimant actually saying if I do not pay my costs they will not dis continue the case?

4. If the claimant know they will win the case then why are they writing this letter of no prejudice to me ?

5. I also forgot to mention that the court had stated if the case was not filed before the 20th of May and also something about money not being paid for the case then it would be struck out,. I noted that the claimant's witness statement was signed for the 26th of May and I got it on the 28th of May does that mean the court will strike it out ?

Your comments will be highly appreciated

One more thing as the claimants are discontinuing the case could I also request that all information regarding me is removed due to GDPR regulations ?

[MIKE770]

No wish all could be, might be discontinued but does not mean never existed?

[Celestine]

Although you can claim Litigant in Person costs, there is never any guarantee they will be allowed in a small claims track case where technically NO legal costs are allowed. We encourage people to track their costs to submit at a final hearing (if it gets that far) because occasionally a sympathetic judge will award them if the debt company has behaved especially badly.
My advice is to accept their offer! They are giving up just before the final hearing so you can chalk this up as a success.

[Shooe]

Although you can claim Litigant in Person costs, there is never any guarantee they will be allowed in a small claims track case where technically NO legal costs are allowed. We encourage people to track their costs to submit at a final hearing (if it gets that far) because occasionally a sympathetic judge will award them if the debt company has behaved especially badly.
My advice is to accept their offer! They are giving up just before the final hearing so you can chalk this up as a success.

Thank you for your advice. Much appreciated!