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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

mjt2013

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Everything posted by mjt2013

  1. mjt2013
    It's very unusual for a debt of less than £10,000 to be allocated to the fast track, are there any particularly complex features of this case you've not mentioned? As you've got to this stage you must have already submitted a defence to the claim so what was it? And what were the original Particulars of Claim?
  2. mjt2013
    In fact you should comply with the CPR as follows: 73.8 (1) If any person objects to the court making a final charging order, he must – (a) file; and (b) serve on the applicant; written evidence stating the grounds of his objections, not less than 7 days before the hearing.
  3. mjt2013
    I also have not reread the thread but in essence the judge has looked at the file and immediately wants to know 2 things before the case is considered further: Why didn't you appeal within the timescale provided by the rules? Why should a stay be granted to you particularly when generally stays are not granted pending an appeal? I hope this helps.
  4. mjt2013
    It's not entirely clear what you did and didn't do in relation to this claim but if you completed the admission and made an offer of repayment then you'll struggle to get the CCJ set aside. You also won't get it set aside because it will have an effect on your job, that's the nature of the beast. Do you actually dispute this claim at all? If you don't then really a CCJ payable by the instalments you offered is the natural result.
  5. mjt2013
    The purpose of the SAR is to get data related to you and the claim, that will be held by the original creditor because the new creditor would have only got a bare minimum of information when the debt was purchased.
  6. mjt2013
    You should only claim interest on the unpaid loan itself and not the MCOL costs. As for the 8% yearly interest just divide the amount of the loan by 100, multiply by 8 and divide by 365. That is your daily rate of interest based on a total interest rate of 8% per year. Then multiply the daily rate by the number of days since the money was due to be repaid.
  7. mjt2013
    For the first point, all genuine attempts to negotiate a settlement are 'without prejudice' which means that they do not constitute an admission of liability. Neither side can refer to these negotiations in court and therefore it wouldn't go against you.
  8. mjt2013
    You don't seem to take any issue with the enforceability of the personal guarantee and therefore I think you're going to struggle here. Were you served with a statutory demand and if so why didn't you do anything to dispute the debt then rather than now?
  9. mjt2013
    A claimant is entitled to issue proceedings without having the documents which may subsequently be requested by the Defendant. That's why pleadings should come before disclosure.
  10. mjt2013
    If the claim is struck out I would expect the judge to summarily assess all of the costs there and then rather than list a separate hearing, best to be prepared.
  11. mjt2013
    The court won't know what has or hasn't been sent to you.
  12. mjt2013
    You will need a witness statement and schedule of costs. Without a witness statement there's no evidence of non-compliance.
  13. mjt2013
    How about: Upon the Claimant failing to comply with paragraphs x to y of the Order of District Judge [Name] dated [date]. And upon the Court considering the Defendant's application dated [date] IT IS ORDERED THAT: Then you only need paragraphs 1 and 3 of your draft.
  14. mjt2013
    You are of course forgiven, I understand it's frustrating but do remember that all we can do is give advice. The decisions are always yours so even if you completely disagree with what I say you don't need to get annoyed, just ignore me entirely and see how you get on.
  15. mjt2013
    Haha, yes. Quiet day at work...
  16. mjt2013
    There's really nothing to be gained from histrionics, I've said twice that it's a judgment call for you to make and you may well end up without having to pay any costs. All I am doing is giving you the full palette of possible outcomes, it's not as if I invented the legal system!
  17. mjt2013
    To answer the second point, if there's a substitution you then wouldn't be able to make any applications in the claim because you would no longer be a party to it. It doesn't stop your wife, as Defendant, from making any applications she wants to.
  18. mjt2013
    No, it wouldn't be a maximum of £45.00 at all. If the Claimant had to make an opposed application to substitute a Defendant then the costs would include time for drafting the application and witness statement and the brief fee for a representative to attend the hearing. It could be hundreds. That doesn't mean you'd have to pay necessarily but I can see some force in the suggestion that the costs were only incurred because you and your wife were being unreasonable. It's just something to be aware of, as I say it really is a judgment call for you but obviously it's best if you're aware of the potential outcomes rather than being led into thinking that everything will be fine.
  19. mjt2013
    N244
  20. mjt2013
    A Defendant need not consent to being added, that's why I queried Andyorch's post above and then gave the advice I did.
  21. mjt2013
    I'm really in two minds about this request, on the one hand you could refuse to consent and, moreover, ask to have the claim struck out because they now accept that the only named Defendant isn't liable. However they could simply make an application to substitute your wife as Defendant and, possibly, seek costs against you for that application if you've refused to give consent just to be difficult. It's hard to know what to suggest here, I think it's a judgment call for you.
  22. mjt2013
    Why is the bit about Claimants in bold? Presumably the OP's wife would be a new Defendant?
  23. mjt2013
    I had a similar problem, the police and council wouldn't help but the DVLA website (I think) said that it could be dealt with by putting an abandonment notice on the vehicle, waiting for 14 days and then getting it towed away. Fortunately in my case the neighbour moved the car but that seemed to me to be the only way of forcing the issue. I think a lot depends on the local council's policy though as some will remove an abandoned vehicle.
  24. mjt2013
    Also, a very minor amendment to paragraph 2 may be helpful; you may wish to refer specifically to the relevant section of the CCA under which you made your request and which contains the sanctions you refer to just in case the judge doesn't immediately know what you're relying on. As I say, a minor point though.
  25. mjt2013
    Agreed, your case is not nearly as strong as you think it is and so you may want to dial down the arrogance.

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