Another County Court Summons - HL - Advice Sought Please Help!!

[patrickq1]

but we have yet to get a breakdown of what loan b

i think tom they have a awful lot of explaining to the judge about all the charges some are obviously ficticious and there greed has caused them this problem ,one thing jody did you issue the cpr requesting all the data concerning loan b and also the mig payments

patrickq1

[jody123]

HI Patrickq1,

 

yes I issued the CPR 18 request back in December, and have twice requested that the judge issue directions to make them comply - but the judge hasn't issued any directions on this - he just issued the directions that if they don't tell them how they tried to settle then he would throw it out....

 

I've also done a S.A.R - (Subject Access Request) for the information - but they haven't fully complied with that either (missing papers, no breakdown's etc etc) so I have made an official complaint to the Information Commissioners Office - again! I suspect that the Loan B is statute barred under 20 (5) - 6 years. From what i can tell Loan B was not used to calculate the amount owed that led to the possession in the first place - which I find odd!

 

I also found out today that the claimant instructed 4 debt collection agents - two of which are not registered as Data Controllers - ergo they are in breach of the data protection act!

 

I also wish I could afford to see a solicitor to get info on whether the possession was legal in the first place, particularly because they did not notify my mate that he had shares which were valued at more than the amount outstanding.....

 

It all stinks and I'm now wondering whether the payments made in 2005 and 2006 were actually made as these two figures appear to add up to the initial amount they claimed he owed - and it is these two payments that stop their claim being statute barred through 12 year limitation!

 

it would help if he didn't have a brain like a sieve and could actually remember anything

 

Ah well - guess I just have to keep requesting info and waiting and then requesting it again....

 

I don't have much strength left in me at the moment, not for this anyway, but I'll keep plodding!

 

Jody

[patrickq1]

hi jody have a look at sparkies thread and see janus 's advice concerning a barrister working on a pro bono status it may be worth your while having a junior barristor looking at this case in particular as it seems they are flouting the law but again perhaps the judge may even now know that they are abusing his directions and will throw the case out

patrickq1

[tomterm8]

Have you considered doing a SAR on your bank account, and seeing if the charges were actually paid out of the bank at that time?

[patrickq1]

just issued the directions that if they don't tell them how they tried to settle then he would throw it out....

i think the problem is tom they are refusing to comply with the sar request hence the reason for the judges statement if they dont comply he will throw it out ,i do not think they can comply with jodies request as it also involves other ie mig and others ....

it is hard to make sense of what the BS are relying on as there evidence as they have provided no proof of anything regarding payments i suspect they put the payments already made into another account this may also be the reason they will not supply the sar request because the monies banked are elsewhere

patrickq1

[jody123]

Hi Guys,

 

S.A.R - (Subject Access Request) on bank account - this wouldn't help as the charges that we know about (£695) date back to 1991 - 1999.

 

Loan B - we still don't know what this is for - its not the mortgage as the bank stated that loan b was "other charges" that had to be separate to the mortgage account because they did not qualify for the tax relief that you used to get on mortgages. But we don't know what the "other charges" are for - although reverse engineering their statement of account (one of two that the sent that have different dates, layouts etc) it would appear to be insurance charges...

 

Judge - we have requested the information that we think that we need in two ways:

 

1. Through a SAR direct with "Howard" - they have not fully complied with this and we have made a second complaint to the ICO - but are still waiting

 

2. CPR18 request for the information - again not fully complied - they stated at one point that the information we had requested was actually a SAR, but we argued that it was not - all the info that I requested through CPR18 is directly relevant to how much may be owed and under what terms any MIG may operate etc....

 

I believe that the judge has sent the "comply or strike out" because I have repeatedly asked him to issue directions to the claimant to comply with the CPR18 request...and kept him informed of the fact that the claimants asked for a month's stay to allow the case to be settled - and then completely ignored our offer - when we wrote asking them what they thought 3 months later they said that they hadn't had time to read the letter....incidentally in a telephone conversation between my mate and the solicitors they said that he wouldn't be able to use the offer he made in March against any costs awarded because it was not made as a part 36 offer....but we've pre-empted that by telling the judge that an offer was made when we asked for the directions for them to comply with the CPR18 request for a third time in May.

 

If there is any justice my mate shouldn't have to pay any costs as if they had supplied the information requested last year then we would have made the offer based purely on the amount allegedly owed after underselling the property (around £3k), and the without prejudice offer that was made in March had £1700 added to this for the claimants costs - in the name of "fairness" - if it goes to court and my mate wins on the estoppel, wins on underselling and illegal bank charges then they will owe him about £18,000.

 

Now that would be sweet!!!

 

Jody

[jody123]

phoned the court - deemed served on 10 July - so have advised to call back on 18 to see if they have responded.

 

Everything crossed that they don't!!!!

 

Jody

[jody123]

HI All,

 

Just an update and seeking some clarification from you guys:

 

We haven't received anything in relation to the sols reply to the judge's request on their attempts to settle - but we have just received notice that it is going to court and giving us a court date next year.

 

I have several questions that I would be grateful for some advice on...

 

We want to change the defence from a "prove it" to a "This is our defence", but I was previously advised to ask the judge's permission when we had a case management conference....the judge has scuppered that by going straight to notifying us of a court timeframe in the multi-track system and asking us to file a disclosure list by next wednesday.

 

Do I therefore write and ask to change the defence now, or use the defence when they've proven the possession, but not that the debt is owed in court on the day?

 

If I write to the judge asking for a change in defence do I attach the change in defence or do I wait for him to reply?

 

What do I do about the disclosure list in the meantime?

 

Does my disclosure list have to include case law that I will rely on in court as part of the defence?

 

What about any information that I get hold of between now and February next year? Can this be added to disclosure as and when I receive it or not?

 

I am still waiting for a breakdown of loan b - although I do have it in writing that Loan B is for audit purposes only and I am not therefore entitled to it - whatever that may mean - I have sought clarification from them, but nothing has been forthcoming in over a month (just sent chaser letter) but its unlikely that the response will come before I have to file the disclosure list.

 

What do I do about the illegal charges that were added to the account and the amount the property was undersold by? Do I counter claim for these when I file an amended defence - do I need the courts permission to counter claim - alternatively do I merely use them as set-off figures on the day in court?

 

If I claim as defence estoppel or waiver - can I still counter claim for the underselling and illegal charges?

 

MIG - I still haven't got my hands on this, despite numerous requests for such - if they don't put it on their disclosure list - how do I compel them to give us a copy?

 

Finally - if they consciously withheld the fact that my mate was eligible for shares in HBOS in 1997 (repossession in 1999) - does that make the reposession illegal as the amount outstanding was less than the value of the shares and the bank charges.

 

looking on the bright side - Count is due in court at the end of this month and is arguing the waiver defence - if he wins then I can just claim for the underselling and charges and they will owe my mate 13K - plus compound interest!!!!

 

Any advice/guidance gratefully received.

 

Jody

[jody123]

Anyone have any thoughts to the points raised in post 158 above - I could do with some help here - I have to file the disclosure list by Wednesday.

 

Cheers,

 

Jody

[jody123]

bump

[jody123]

HI All,

 

Just an update and seeking some clarification from you guys:

 

We haven't received anything in relation to the sols reply to the judge's request on their attempts to settle - but we have just received notice that it is going to court and giving us a court date next year.

 

I have several questions that I would be grateful for some advice on...

 

We want to change the defence from a "prove it" to a "This is our defence", but I was previously advised to ask the judge's permission when we had a case management conference....the judge has scuppered that by going straight to notifying us of a court timeframe in the multi-track system and asking us to file a disclosure list by next wednesday.

 

Do I therefore write and ask to change the defence now, or use the defence when they've proven the possession, but not that the debt is owed in court on the day?

 

If I write to the judge asking for a change in defence do I attach the change in defence or do I wait for him to reply?

 

What do I do about the disclosure list in the meantime?

 

Does my disclosure list have to include case law that I will rely on in court as part of the defence?

 

What about any information that I get hold of between now and February next year? Can this be added to disclosure as and when I receive it or not?

 

I am still waiting for a breakdown of loan b - although I do have it in writing that Loan B is for audit purposes only and I am not therefore entitled to it - whatever that may mean - I have sought clarification from them, but nothing has been forthcoming in over a month (just sent chaser letter) but its unlikely that the response will come before I have to file the disclosure list.

 

What do I do about the illegal charges that were added to the account and the amount the property was undersold by? Do I counter claim for these when I file an amended defence - do I need the courts permission to counter claim - alternatively do I merely use them as set-off figures on the day in court?

 

If I claim as defence estoppel or waiver - can I still counter claim for the underselling and illegal charges?

 

MIG - I still haven't got my hands on this, despite numerous requests for such - if they don't put it on their disclosure list - how do I compel them to give us a copy?

 

Finally - if they consciously withheld the fact that my mate was eligible for shares in HBOS in 1997 (repossession in 1999) - does that make the reposession illegal as the amount outstanding was less than the value of the shares and the bank charges.

 

looking on the bright side - Count is due in court at the end of this month and is arguing the waiver defence - if he wins then I can just claim for the underselling and charges and they will owe my mate 13K - plus compound interest!!!!

 

Any advice/guidance gratefully received.

 

Jody

[jody123]

submitted the disclosure list to the courts and sent a copy to the sols - but we have received nothing from their solicitors....are they meant to send their disclosure list direct or does the court send it out??

 

Anyone know - and should I now be asking for a strike out if they haven't filed their disclosure?

 

Jdoy

[jody123]

phoned the court today - they haven't submitted a disclosure list.

 

Do I now send a letter to the court with draft orders for an "unless order" or do I just ask for the claim to be struck out for non-compliance (a long shot perhaps)?

 

jody

Edited September 18, 2008 by jody123

[jody123]

Hello - is there anyone out there - I've posted several questions over a couple of weeks, but no one seems to be answering - have I upset anyone??

[jody123]

bump

[jadzia.dax1]

Hi Jody,

 

I'm sorry I can't offer you any advice...but i notice you haven't had any replies for a while.

 

This reply should bump your thread & hopefully someone will be along to help you very soon.

 

Jadzia

[jody123]

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

[jody123]

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

[pt2537]

Jody

 

Find a solicitor,

 

Get some proper legal advice,

 

That is the best advice i can give here, your situation is such that this needs proper advice

[jody123]

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