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I am defending a claim based on the fact that the claimant never complied with a S78 request having only sent me a copy of a copy of the agreement itself but no copies of T & Cs, statements etc. Having never been to court in my life I have no idea how to go about completing an Allocation Questionaire which has to be at the court by 08/03/2010.
In Part A settlement (1) Given that the rules require you to try and settle the claim before the hearing, do you want to attempt to settle at this stage? Are they referring to the amount to settle or are they referringt to discussion with the claimant regaridng the amount on the claim? I am on a DMP at present and paying the maximum I can afford and have never missed a payment although it has not been the required amount. Secondly I have every reason to believe that the original agreement is unenforceable.
Next (2) Do you want a stay? I do as I am waiting for them to comply with my Subject access request sent about 10 days ago.
Then (3) Would you like the court to arrange a mediation appointment? Yes as this may be in my best interest as I wil be able to demonstrate that I am making every effort to pay all creditors and that I am on a DMP. The concern here is that a fee pay may be payable but I have no idea on the fee and whether I can afford it.
Then (4) If you answered No to question (1) please state reason etc. As (1) is a bit ambigious, the answer to this querstion is variable.
Question on Pre-action protocols? Cannot do this until I receive the Subject access request which may not arrive before the 08/03/2010. What do I do?
Also asks the amount of the claim that is disputed. As I have been paying into the account, the amount now will be lower than the amount on the summons and I will only know the true amount outstanding when I received the Subject access request
I guess that no experts are required as witnesses.
Proposed directions. I assume they are not talking about directions to the court.
I would think that it refers to how I am going to go about defending the claim based on it being unenforceable. Only a court can rule that it is enforceable at this point.
Costs. Only if a solicitor is involved?
It asks if I have attached the fee for filing this allocation questionaire? On the "Notice that a defence has been filed" it mentiosn that the claimant must pay £200 on filing of their allocation questionaire buy nothing about the defendent.
I feel confident that I will win the first round based on the fact that the claimant is in default regarding the S78/99 request but I may have issues with the enforceablity of the agreement if a further summons is issued. If I lose the latter, can I assume that the claimant cannot then add on the £200 allocation fee to their final claim as this was based on S78/99 defence?
All help will be greatly appreciated. Thanks in advance.
In Part A settlement (1) Given that the rules require you to try and settle the claim before the hearing, do you want to attempt to settle at this stage? Are they referring to the amount to settle or are they referringt to discussion with the claimant regaridng the amount on the claim? I am on a DMP at present and paying the maximum I can afford and have never missed a payment although it has not been the required amount. Secondly I have every reason to believe that the original agreement is unenforceable.
Next (2) Do you want a stay? I do as I am waiting for them to comply with my Subject access request sent about 10 days ago.
Then (3) Would you like the court to arrange a mediation appointment? Yes as this may be in my best interest as I wil be able to demonstrate that I am making every effort to pay all creditors and that I am on a DMP. The concern here is that a fee pay may be payable but I have no idea on the fee and whether I can afford it.
Then (4) If you answered No to question (1) please state reason etc. As (1) is a bit ambigious, the answer to this querstion is variable.
Question on Pre-action protocols? Cannot do this until I receive the Subject access request which may not arrive before the 08/03/2010. What do I do?
Also asks the amount of the claim that is disputed. As I have been paying into the account, the amount now will be lower than the amount on the summons and I will only know the true amount outstanding when I received the Subject access request
I guess that no experts are required as witnesses.
Proposed directions. I assume they are not talking about directions to the court.
I would think that it refers to how I am going to go about defending the claim based on it being unenforceable. Only a court can rule that it is enforceable at this point.Costs. Only if a solicitor is involved?
It asks if I have attached the fee for filing this allocation questionaire? On the "Notice that a defence has been filed" it mentiosn that the claimant must pay £200 on filing of their allocation questionaire buy nothing about the defendent.
I feel confident that I will win the first round based on the fact that the claimant is in default regarding the S78/99 request but I may have issues with the enforceablity of the agreement if a further summons is issued. If I lose the latter, can I assume that the claimant cannot then add on the £200 allocation fee to their final claim as this was based on S78/99 defence?
All help will be greatly appreciated. Thanks in advance.
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