bump anyone.

Hi, I have tried to DSAR a firm of solicitors icw with a mortgaged property repossession, as I am trying to get hold of court papers from 1999 - I've been direct to the court, but they told me that they do not hold the paperwork for more than 5 years. I have written to the solicitors and sent them the cheque etc., but they have replied as follows: The request you have made to access any personal date that we may hold on you refers to personal data that we hold on behalf of our client ***. Therefore your request for a copy of the data should be addressed direct to *** as data controllers. Is this correct? When I DSARd the band direct a couple of years ago they did not provide any information from the solicitors, despite my asking them. If I can DSAR them direct - what arguement do I go back with? Jody

Hi pt2537, I agree we need some proper legal advice, but my mates experience of solicitors isn't good. I was hoping that we could get all the paperwork we needed and then go to a solicitor with everything already in place. Who would then be able to sift through everything and come up with a plan of action...the judge has ordered they send us the MIG docs, amongst others, but they haven't complied with this, so have drafted directions for an unless order, which I will take to the court tomorrow. Trial is in pencilled in for February! Jody

Hello All, I thought that this one had gone away after the sols didn't comply with an unless order and I was told by the court registrar that the case stood stuck out back in December 2008...well it started back up earlier this year when the cheeky beggers tried to get the defence struck out for non compliance by us back in 2008....we didn't comply because we thought it stood struck out. Anyway - there was a case management hearing and the judge ordered a long list of things to do by 10 september. The sols haven't complied with the order, so I wrote to them giving them a further 2 weeks, and when they failed to meet this deadline too, I gave them until 4pm today to comply. Which they haven't. Do I now do a draft order for directions - or can I go for a straight stike out? Jody

Brilliant work there Nick. Jody

The court have now advised that there will be a hearing to decide whether the claim is an abuse of process - any have any thoughts on what to say at the hearing???

Hi Tinkxabell, Apologies for not replying sooner - I haven't been on line. I eventually wrote to the CEO of orange - explained what had happened....he wrote back, told me I was in the wrong (which I would still dispute) but would give me a refund of the money "I owed". I've got a copy of all letters that I sent to orange over this matter (in pdf format) - spanning months...it was only after I'd written to the CEO that I got resolution. I think I've attached them to this post!! Good luck with fighting your corner - persistence is the key and not backing down.... Jody Letters_to_Orange.pdf

Hello, I wonder if anyone can answer the following for a friend... In June he was granted a "clean break divorce", she got the house her car and she paid a small sum for the equity in the house. Now, she has issued small claims court proceedings for the car loan that we had on my car through our mortgage account. Can she do this if it was a clean break divorce? Any advice gratefully received.

Hi D & M, I'm going to go read your other thread - I probably won't be able to help other than offer you some shoulder support, but sometimes knowing that other people are beside and behind you is all that you need. the red triangle can be found at the bottom of each post in all threads in the grey box at the left hand side where it states the posters name at the top where you will also find a green dot, scales of justice and the triangle (from left to right). I will hit the triangle for you, but it helps to know where to locate it incase you need it in the future. Jody

hi Tide, glad to see you've returned. Eager to know how you're getting on. Jody

Hi D & D, Nice to see you are still fighting - and that you still have your sense of humour - I think I might have gone to the wall long before now... Nothing surprises me these days and I believe that all of them will lie to either make their case - or protect their position! Keep your peckers up - there will be an end one day. Jody

Hi 42man, thanks for the link - I read it. I guess I just wait now to see what the court says in response my request for an order for disclosure on specifics. Hopefully its been struck out and they have to get a set aside. Jody

Hi 42man, I spoke with the courts yesterday - the clerk said that the Unless Order had been issued in October directing the claimant to file disclosure as detailed in para 2 of the August order for disclosure - despite it being 6 weeks after the August order they were given 14 days to comply otherwise the claim would be struck out automatically. No disclosure was filed with the court so as far as the clerk was concerned it stood struck out. He told me that I did not need to do anything further. Although I am sure that the claimant will ask for a set aside...it goes some way to show the solicitors total disregard for CPR procedures and directions from the courts making it all the more difficult for a LIP to either defend their claim or indeed seek legal advice. There have been 4 orders by the judge all directed at the claimant, two of which have been Unless orders....I hope the judge is getting as frustrated by this as we are! n.b. I have now spoken with a legal friend who has advised that they do need to file disclosure with the courts, so the claim will stand struck out. Whilst not a victory I hope that when/if the ruling is overturned it spurs the judge into making them disclose the information we have been requesting for 2 years, and a year since the claim was submitted. Jody

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Just a quick one that I am sure someone will be able to answer in a flash. Does Standard Disclosure need to be sent to the Court? The judge issued an Unless order (a month after the claimants should have disclosed) requiring standard disclosure within 14 days. I received the standard disclosure on the fifteenth day, but dated for the 11th day if that makes sense. I rang the court today and they said that according to their screen the unless order hadn't been complied as they had not received the disclosure, so the case would stand struck out.... Now I am fretting - is this right as I can't see on CPR31 where it states that disclosure has to be filed with the court. Anyone know off the top of their heads? Jody

well done D and D. Now the fight continues. If you need any help locating any precedents or anything for a set aside I'll see what I can do to help. My mate has a "loan B" that for the life of me I cannot get a breakdown of (SAR and CPR 18 routes)...just wondering if this is some kind of router account but from Halifax? Jody

Assuming that the mortgage company have a forwarding address for you, then they will contact you with a completion statement. IBAS: We tried them when we first got court papers, without any paperwork they told us to pay the full amount less their fee...it appeared to us that they were more interested in what the bank wanted than what we wanted.

Hi Nick, just a question on the above. I thought it was up to the lenders how they applied the net proceeds of sale. In my mates case they state that it was applied to the interest first and then the capital. Jody

County Court Act. Is this an enactment? I ask because section 9 of the Statute of Limitation Act states: An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued. Does this mean therefore that the interest cannot be added if an action is brought 10 years after the cause of action? Jody

Hi All, Anyone needing house prices back to 1995 for a comparative study - are now available on line at Our property.co.uk Until recently only prices back to 2000 were available. Hope it helps. Jody

Anyone know where I can get a copy of the court case? Jody

Hi Pagewalkr, hmm, not sure on this one without all the info about the case etc. When did she give the spreadsheet to the debt collection agency? What exactly did the 2001 letter say? The fact that they gave her a 10,000 loan might give her grounds for estoppel, but I am by no means an expert. Then again, she may have a defence under the statute of limitations - she shouldn't go by what the solicitors are telling her re Rashid as you would need to read the case law to understand how he acknowledged the debt. There must have been paperwork from the courts prior to the exchange of witness statements....and its unlikely the court would go straight for judgement as they usually give more time through an order. She would have been notified that she had to exchange by the Courts. Did the Claimant's send their witness statement to your daughter? Sorry, so many questions.. Jody

Thanks drmike, but I wanted to post on Friday, so I sent signed for delivery to the St James Court address, in Bristol as per Orange's corporate website. I'll let you know if I hear anything. And as Orange do not have a number for me I assume that they will write. I'll post where the reply comes from, if indeed a reply comes, so people know where to write to. Jody

Oops, sorry legal pickle, thanks for the offer, but I've already sent by signed for delivery. Just to answer some of the points you raise, and differ in our opinion...If an alleged debt that is in dispute is sent to a DCA and they try to enforce collection then Orange are in breach of debt collection guidelines, furthermore any enforcement letters sent can, and have been in a Court of Law (as cited on CAG), classed as harassment due to the fact that being threatened with legal action, a note on your credit file etc, for a debt you do not owe causes alarm and distress. I've asked twice now for it to be sorted and it has got me nowhere. I am only willing to bang my head against a brick wall so many times and I think two letters are enough. The next step is to ask for the deadlock letter so that the matter can be referred to CISAS. If I get no resolution through either Orange or CISAS then I will have to go to court. If I need to go to court I need to show that I have followed pre-action protocols by following the company's complaints procedure. Another CAGer included the CEO on their letter and the matter was resolved within days. Ultimately though, if this comes to court I can show that the CEO was aware of the situation, should I be bringing a damages claim then again I want the court to know that the CEO knew about it. Furthermore if I were to prove harassment then the guilty party can be imprisoned. I am trying to scare no-one - although Moorcroft clearly were. I LMAO with the paragraph that said it had legal effect even if not read by me. The final paragraph said if I paid they would reconnect my line which would be the last thing any sane person in my position would want!!! Jody

Legalpickle you are absolutely right and hence why I continued to pay whilst still in contract. The point is they sent a completely new sim, with an unconnected number, so there is no reason why they could not and should not have cancelled the contract at the end of the 18 month period when I advised of same. I have now sent a drafted a letter with copies of my previous 2 letters putting the "debt" in dispute and copied in Orange's CEO, Northern Debt Recovery and Moorcroft who have been passed the account. As you suggest "Complaint" is mentioned. I've argued that the letters from Moorcroft are tantamount to harassment, under the Administration of Justice, and protection from Harassment Acts, both 1970, and in breach of debt collection guidelines whilst an account is in dispute. Furthermore that I will take action against them for any damage to my credit rating - which is and always has been perfect - and asking for a deadlock letter to allow me to escalate to CISAS. Jody