Allocation questionaire received help please

[bazh]

Hi Everyone,

I have not posted on here really as was posting on another site. A long story but i had a Morgan stanley card in 2005 this was bought out by Barclaycard in 2008.
I have always paid my bills even during excessive rate rises which i didn't know i could have opted out and closed account as they did not tell me.
After being made redundant several times and taking lower paid jobs i was unable to sustain the payments on my cards. Do not have any ppi to reclaim but there has been penalty charges made by Barclaycard.
I did a sar along with cca section 78 request and have only had a illegible application form from morgan Stanley not Barclaycard. This has been sold to MKDP for a minimal value who took a case out from the Bulk centre.
I requested all documents under cpr 31.14 from them and sent a CCA request aswell. They did not send any documents to me and i had to submit a defence without seeing all the documents listed on their POC on which they relied.
They have decided to continue and i have now received an allocation form ? to fill out.
I think i should have applied for a N244 to strike out but didn’t at the time can i still do this now as i believe they should have had all documents available before commencing a claim and this is an abuse and possibly contempt of court ?

Would be grateful for some assistance on this

[bazh]

Re: Allocation questionaire received help please

bump

[SpringerSpaniel]

Re: Allocation questionaire received help please

There has been quite a similar case involving Selmar v Verde Investments, this may be a helpful thread for you to look over.

You can make an Interim Application (N244) at any time prior to full trial. It may be better to suggest they have not evidenced their claim and are refusing / unable to do - and that therefore their claim has no merit - so than to phrase your application in terms of contempt of court.

You should complete the Allocation Questionaire and return it within the stated timescaale no matter what other applications you are making. If the matter is suitable for the Small Claims Track, the claimants cannot get costs from you.

If there have been nuisance calls, threatening communicationss, discussions of your finances with third parties without your permission, you may be able to counterclaim for harrassment as well as defending the claim on the grounds that it is not made out, and/or there are breaches of the CCA. If you are doing this, it cannot be heard as a small claim as the Protection of Harrassment matters becomes a Pt 8 not a Pt 7 claim and has to be allocated to the multi-track irrespective of value.

[bazh]

Re: Allocation questionaire received help please

Hi,

Thanks for reply i have been reading a lot of posts as suggested and need to get my allocation form off asap as the date is the 12 april.
Would be gratefull for some more assistance.
the POC was as follows
The Claimant claims the sum of ****( over £5,000) being monies due from the defendant under a regulated agreement between the defendant and bc
the defendants account number was xxxxx and was assigned on ? (no date given) notice of this has been provided to the defendant.
The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served persuant to the consumer credit act 1974.
The claiment claims the sum of xxxxxx and costs.
The claiment has complied as far as is necessary with the pre-action conduct practice direction.

I have still not received the agreement requested under S78 from them or all the items requested in my CPR 31.14 request.

in my CPR 31.14
i requested agreement
asignment with proof of serving as defined under LOP act 1925
default notice with proof of serving
termination notice with proof of serving ( not detailed in their POC)

Allocation questionaire

1 do you want to settle no (as i have not received sufficient proof of their claim)
3 would you like court to arraange mediation appointment no ( as i do not consider it appropriate they have not produced poc)
4 if no to question 1 reasons why not
They have not complied with S78 CCA request which has exceeded the latest date of reply under CCA regulations 1974 and makes any agreement unenforceable unit compiled with.
They have not complied with my CPR 31.14 request issued xxx sent recorded delivery.

location obviously local due to any other causing financial hardship.

pre action protocols have i complied ? dont know as i am not a lawyer.

amount in dispute all
have i made any applications ? no assume N244 strike out
witnesses none
experts none not needed ?

track should this be small as limits were increased from april to £ 20 also this should not be complicated ?

trial time leave blank ?

list of directions ? request for strike out N244 ?
fee not by defendant ?

other info

copies of cpr 31.14 request
CCA 1974 S78 request
recorded delivery slips copies

any applications in future ?
N244 strike out form

Do i also need to send N244 form for strike out with this with note that i was allowing more time for claiment to comply with POC.

I have managed to find a job but it is a low wage and i have applied for working tax credits but not had letter from tax office back yet so will be exempt from any application charges.

sorry if this is really long but thought it better to put it all down

thanks for reading and help so far you are all doing a good job and we are all gratefull

[bazh]

Re: Allocation questionaire received help please

bump

[Celestine]

Re: Allocation questionaire received help please

Hi Bazh

I was looking at one of these Morgan Stanley illegible agreements only yesterday. Very poor quality.

Right, have you got a scanner?

We need to see your documents please. The copy application form, any accompanying historic terms.

Also your defence please?

Have you got a default notice? Was it issued by Barclays or Mercers, when? (better to have it than not because chances are it may be defective)

Because they haven't supplied documents, you need to chase this up and possibly amend your defence if you haven't argued all the relevant points on enforceability.

Cel x

[PlanB]

Re: Allocation questionaire received help please

HFO Capital vs Dennis Robertson :wink:

This is the case of an ex-MSDW account which the Claimant lost (Worthing County Court 2012) because the Defendant proved that the Ts & Cs which the Claimant produced as evidence were not provided "together with" the application form/credit agreement :bounce: