defence in rooftop

[caro]

It's difficult to advise you without seeing the defence, or at least the gist of it. Do you mean the solicitor told you to take it off, and if so did they do that in writing, and what was the explanation?

[unclebigears]

yes in writing,they qouted common law so despertmary told me take it off,i have pm her their defence in full,waiting for her to get back to me.cant see them settling now.

[caro]

I'm afraid that without further information I can't help you, and I don't know the user that you have sent your defence to. I hope you removed your personal details. Please check any advice you recieve privately very carefully as there is no-one else to check if it's right or not. Remember as well that anyone from CAG will never charge anything, so beware if they ask you for any money. Make sure that you fully understand anything you plan to use in court, and any implications of what you say.

 

Solicitors are very good at quoting law, but it doesn't necessarily mean that what they have told you is correct about not posting. Check out what they've quoted and make sure that it is applicable to you and your case.

[Michael Browne]

I don't know the user that you have sent your defence to.

Desperatemary is a Mod on PC

[caro]

Thank you Michael. I've never used that site so only know the owners name.

 

My advice still holds about checking the information is accurate, as I would advise anyone following any advice, whether submitted publicly or privately, and whether it comes from CAG or anywhere else.

[unclebigears]

sorry gettin mixed up,i took their defence off this site last week,after the solicitors letter and went on to penalty charges website posted it their,waiting for advice off one of their mods(desparatemary)had to change sites cos their solicitors reading my threads on here,i think thats why they changed their defence after i posted certain questions on here.how do i get a adjornment on the grounds that i only just got their revised defence.sorry for confusion i get mixed up.

[unclebigears]

in court 2moz at 2pm hearing,any tips outthere would be welcome

[Bona]

When you go to court tomorrow dont speak to there solicitors before hand they will agree with you then use it against you , You need to try to speak first say you have only just recieved their ammended defence say this has been as they have been party to advise that you were seeking on a web site day to the judge that you are acting in person and you have to seek advice where you can tell him that they threatened you and you had to remove certain information that would help you and because of this you have not had the opotunity to seek advice on their new defence and you require an adjournment to obtain this advice take any paperwork to back your assertions good luck

[iconoclash]

in court 2moz at 2pm hearing,any tips outthere would be welcome

Good luck today! Take a copy of the letter you sent (Tomterms advice) - let the judge decide about the issue of docs on internet if it comes up. Make sure you check any papers that solicitor hands to you outside - if it includes new things you cannot defend raise this with the judge. They may chat to you casually saying things like: of course you know this and this.... don't agree anything with them pre-hearing, they will use anything and everything against you to win their case. If they've allowed a good amount of time, e.g. 2 hours, the judge might ask you to take time out to agree a settlement and then go back into the hearing. Sorry, no time to read all your thread just trying to think of all the possibles so you're not suprised by anything. If your basic argument is sound and the law you rely on is correct/appropriate, there is no reason not to win it. Make sure you were notified of the permission for their new defence by the court, if not you could seek an adjournment. You may be asked if you are happy to proceed anyway - your choice. (Particularly if not within time.) They do try it on and send out stuff 'at the last minute' - it is up to you to raise any queries on this area. Don't forget about costs, they will probably ask for costs - if you're not sure whose entitled to what, ask for this to be held over also. (decided when case decided) all the best :)

[unclebigears]

please help recieved costs breakdown for their solicitors 22thousand pounds can they actually get this from small claims i am bricking it

[Bona]

they always do this and you recieve it the morning of the hearing so they try to put you off firstley you only have to pay the costs if you loose also you are entitled to have them assessed even if the mortgage agreement said that there costs are indemnified we are going through that process at the mement and have got huge amounts taken off if its in samll claims i dont think they can claim costs unless the counterclaimed for them I think they are trying to worry you dont fall for it what ever happens you need to ask the judge for them to be assessed if you loose try to get your adjournment

[unclebigears]

i actually made them an offer last nite,to pay some towards the charges,but they refused it,i did it so the judge can see i wasnt being unreasonable.

[Bona]

good move will be hinking of you

[iconoclash]

Hi there - following is a link to the Court Procedure Rules re costs

Ministry of Justice - Search Results

costs in the small claims court are limited - for your protection.

There is procedure to follow for them to raise those limits which need to be solid.

 

Not sure about your offers?? offers to pay could be construed as an admission - I thought you were claiming from them, or is yours a counter claim? either way - tell the judge if you dont understand - they know you are acting for yourself and will not expect too much legal jargon or understanding - hope this helps.

[unclebigears]

been to court today,rooftop had a barrister and a manager from rooftop,they came up by train from london,went in to judge,explained about late evidence on rooftops part asked for adjornment.their barrister argued the point about it not being new evidence,just better set out than in the first bundle,judge said he was going to adjorn anyway,reason being rooftop sent that much evidence in,no way could this be heard in under 1 day.we have to go back in april for at least 1 day,their barrister said this was an easy case to win and i have been getting bad advice off cag,and they wont be settling under any circumstances.dont think i can win on my own,need to get help any help i can,dont want them to walk all over me.

[iconoclash]

Hi - gives you time to put it together and others will be along to help. Bit of a sledgehammer approach from them then and - you will know what to expect next time and feel better about it, sounds like everything is on track UBE.

[unclebigears]

going to need more evidence than ive got at the moment,and maybe representation,is this the first time a lender has defended without pulling out or not turning up.

[zootscoot]

Is there a legal indemnity clause in the mortgage agreement?

 

Did they have the evidence that they pay a third party, Crown Management, to deal with arrears?

[Andrew66]

I was with rooftop and have never heard about this Crown Management company. When I was paying arrears I just dealt with someone at rooftop in Farnham.

[Bona]

it seems to me that they are trying to get you to withdraw and pay their costs because they may not win, this is a battle of nerves you have time to reassess the situation and move forward. I suggest you put your file in a draw enjoy christmas and have alook in the new year you may see more clearly then any hey they havnt had it all there own way, if in the new year you need more advice I went to a very good Barrister i say good because he was honest i didnt like every thing he said but it was his honest opinion it cost me about £500 but we thought that we would rather spend 500 and know where we stood rather than go on and loose a fortune we have been following his advice slowly slowley and hope to get our just deserts. have rooftops set out how they arrive at thesecharges that seems to be the crucx of the claim I note the Judge told them to do that at directions hearing

[unclebigears]

first point not sure about the indemnety clause(how do i find out,what does it mean).

second they have breakdowns of two charges arrears letter/phone call fee and arrears management fee,but no proof of crown management,no names,nothing to identify them.

also i have never spoke to crown or they dont identify themselves as crown always rooftop,also rooftops address is crown house is this a coincidence or me being paranoid,i think crpwn maybe connected to rooftop in some way.

[zootscoot]

A legal indemnity clause is a term in your mortgage contract which states that they can recover legal costs from you which have been incurred in connection with the mortgage agreement.

 

With regards to Crown Management, type the name in here:

 

WebCHeck - Select and Access Company Information

 

to see if such a company exists. If a company exists it matters not whether they are owned by Rooftops as they are separate legal entities. If it is simpy another department within Rooftops then they can not charge themselves money for a service which they themselves are carrying out.