Completion of NI81 COURT FORM

[amh73]

Hi
You recently helped me set a CCJ aside, I now need to to complete a N181 form. I have looked but the questions are quite tricky, can anyone help me with filling this in?

Many thanks

[nemesis45]

Re: Completion of NI81 COURT FORM

Hi
You recently helped me set a CCJ aside, I now need to to complete a N181 form. I have looked but the questions are quite tricky, can anyone help me with filling this in?

Many thanks

List the questions you are stuck on here please.

nem

[amh73]

Re: Completion of NI81 COURT FORM

The entire thing would be good

[nemesis45]

Re: Completion of NI81 COURT FORM

The entire thing would be good

Don't have a copy of 181 on my phone to refer to.

nem

[amh73]

Re: Completion of NI81 COURT FORM

Part A is asking if is asking if I want to settle at this stage. I don't no to answer this as i no nothing of this debt and despite asking for a copy of the agreement under CCA i have received nothing ??

[Amethyst]

Re: Completion of NI81 COURT FORM

Is the case in fast track ? ( ie over £10k ) - so far as I can see the debt ws £7.5k Lloyds - has it been sent to fast track or small claims ? It makes a difference whether you complete the N180 or the N181, can you just check which form you have ?

N180 - http://www.legalbeagles.info/forums/...l-Claims-Track

N181 - http://hmctsformfinder.justice.gov.u...s/n181-eng.pdf

N181 is the one with settlement at the top.

This original thread - http://legalbeagles.info/forums/show...834#post620834 ?

[amh73]

Re: Completion of NI81 COURT FORM

it is a N181 Fasttrack and multo track form ?

[Amethyst]

Re: Completion of NI81 COURT FORM

additional email and witness statement attaching the assignment letter

Does the Witness Statement and Assignment letter give more information on what the debt was that the claim is based upon?

[amh73]

Re: Completion of NI81 COURT FORM

The witness statement received and presented at the last hearing, produced an assignment letter but no agreement or further information which is why the judge set aside the CCJ.

[Amethyst]

Re: Completion of NI81 COURT FORM

Okay but stated who the original debt was with ?
Did the Judge give any other directions with the set aside order ?


--------------------------------------------------
A
No
No

The Claimant has failed to provide the Defendant with further information relating to the original debt from which their claim originates. Therefore the Defendant is unable to consider settlement while the Claimant fails to evidence their claim.


B
B1 - ignore
B2 - Yes - put your local court ( probably same one your set aside hearing was at) because the Defendant is a Litigant in Person.


C
Yes

D1
No

D2
Small Claims Track. The claim is for a Consumer Credit Debt of £XXXX.


D3 ignore

D4 - we should do some disclosure directions for the Consumer Credit Agreement, Statement of Account, Default notice, Notice of Assignment - also inc moving case to small claims - ( You sent a CPR 31.14 request before the set aside? if not you should do that now)

Ignore multitrack bit

E - No

F - just yourself. No need to put anything under facts.

G - less than one day - 0.5 hrs.

H - ignore

I - no

J - just informative

Sign/Date etc

[amh73]

Re: Completion of NI81 COURT FORM

The assignment just said Lloyds? I sent a request for information when i first found out about the debt and then again using your letter on the 10/02

[amh73]

Re: Completion of NI81 COURT FORM

The only directions given by the judge on his order was:

complete the NI81 form

Attempt to agree directions with all other parties

file proposed direction (whether or not agreed) with directions questionaire

[Amethyst]

Re: Completion of NI81 COURT FORM

Okeydokey. So just Lloyds £7500 - likely CC or Loan rather than OD ?

When does your N181 have to be filed by - it would be quite normal for the other side to draft the proposed directions.

This is a general directions example for fast track.

http://legalbeagles.info/forums/atta...6&d=1404210708
http://legalbeagles.info/forums/atta...7&d=1404210803

you should receive draft directions from the Claimants, which are likely to be similar to those ( as they will probably be quite happy to proceed in fast track )

However you want something far simpler, along the lines of.... ( I'm sure [MENTION=2]Celestine[/MENTION] will have a better draft knocking about somewhere )


On xxxx

District Judge Xxxxx sitting at Xxxxx, considered the papers in the case and ordered that:

1) The Claim is allocated to the Small Claims Track.

2) By 4pm on xxxx the Claimant must send to the Defendant and file with the court copies of the following documents that they intend to rely on in the case;

a) The original Credit Agreement
b) Default Notice
c) Notice of Assignment
d) Statement of Account

If the Claimant fails to comply with paragraph 2 his claim shall stand struck out.

3) By 4pm on ( 14 days after date in paragraph 2) the Defendant must file and serve his Defence to the Claim.

If the Defendant fails to comply with Paragraph 3 Judgment shall be awarded to the Claimant.

[amh73]

Re: Completion of NI81 COURT FORM

Credit card is all i know with LLoyds and £7500.00. The judge requested it must be completed and filed by 22/04/2016

[Amethyst]

Re: Completion of NI81 COURT FORM

Cool you have ages then.

Might be worth a call to the claimant next week to ask them if they are drafting directions and when to expect a copy so you can come to agreement on them as requested by the Judge.